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HomeMy WebLinkAbout09-0558TRACEY ASHLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :No. OQ- 65$ Civa Tem., CHAD ASHLEY, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce, or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 TRACEY ASHLEY, Plaintiff V. CHAD ASHLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. D 9- T .5 S Cu., 4 /e.., CIVIL ACTION - AT LAW - IN DIVORCE/ CUSTODY DIVORCE COMPLAINT WITH CUSTODY CLAIM The Plaintiff, Tracey Ashley, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., makes the following Complaint in Divorce: COUNT I - NO-FAULT DIVORCE - §§ 3301(c) or 3301(d) 1. The Plaintiff, Tracey Ashley, is an adult individual who currently resides at 8 Mall Road, Etters, York County, Pennsylvania 17319. 2. The Defendant, Chad Ashley, is an adult individual who currently resides at 316 Eutaw Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The parties were married on June 15, 1996, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court enter a Decree of Divorce in this matter. COUNT II - CUSTODYNISITATION - § 5303 9. Paragraphs one (1) through eight (8) are incorporated herein by reference. 10. There are two dependent children to this marriage as follows: Eric Ashley, born July 7, 2001 (age 7) and Abby Ashley, born June 24, 2005 (age 3). The children were not born out of wedlock. 11. The' Plaintiff seeks joint legal custody and primary physical custody of the minor children of this marriage. 12. The minor children are presently in the custody of the Plaintiff, who resides at 8 Mall Road, Etters, York County, Pennsylvania 17319. 13. During the past five years, the children have resided at the following address with the following persons: Dates: Addresses: List All Persons: 2003 -present 316 Eutaw Avenue Mother, Tracey Ashley New Cumberland, Pa Father, Chad Ashley 11/2008 - present 8 Mall Road, Etters, PA Mother, Tracey Ashley & Mother's parents 14. The Mother of the children is the Plaintiff, currently residing at 8 Mall Road, Etters, York County, Pennsylvania 17319. She is married to the Defendant. 15. The Father of the children is the Defendant, currently residing at 8 Mall Road, Etters, York County, Pennsylvania. He is married to the Plaintiff. 16. The relationship of Plaintiff to the children is that of biological mother. She currently resides with the children and her parents. 17. The relationship of Defendant to the children is that of biological father. 18. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 19. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 20. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 21. The best interest and permanent welfare of the children will be served by granting the relief requested, because: a. Plaintiff can provide the children with adequate moral, emotional, and physical surroundings as required to meet the children's needs; b. Plaintiff is willing to continue custody of the children. C. The parties have agreed on a custody arrangement that supports the best interest of the children. 22. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. No other persons are known to have or claim a right to custody or visitation, and therefore no notice will be given of the pendency of this action and the right to intervene, save as to the Defendant. WHEREFORE, The Plaintiff respectfully requests this Honorable Court approve any settlement reached between the parties; or, in the event they are unable to reach a settlement, grant the Plaintiff rights of physical custody and/or visitation. Respectfully submitted, Marlin ey, Esquire Law ffic of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building j 2- Z 0 0 q Camp Hill, Pennsylvania 17011-4706 Date: ! I ID# 84745 Tel. (717) 763-1800 it TRACEY ASHLEY, Plaintiff V. CHAD ASHLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - AT LAW - IN DIVORCE/ CUSTODY I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: m Tracey Ashl 0 W Y a 0 ti Q ?f CA) ca rn R Sri ,I ti j TRACEY ASHLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. X19- 5 5 t C,;':4 l4- v. CHAD ASHLEY, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY COMPLAINT FOR CUSTODY The Plaintiff, Tracey Ashley, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr., L.L.C., seeks to obtain custody of her minor children and makes the following averments in support thereof- 1 . The Plaintiff is Tracey Ashley residing at 8 Mill Road, Etters, York County, Pennsylvania 17319. 2. The Defendant is Chad Ashley residing at 316 Eutaw Avenue, New Cumberland, Cumberland County, Pennsylvania 17319. 3. Plaintiff seeks custody of the following children: Name Present Address Age Eric Ashley 8 Mall Road, Etters, PA 17319 7 Abby Ashley 8 Mall Road, Etters, PA 17319 3 The children were not born of out wedlock. The children are presently in the custody of Tracey Ashley, who resides at 8 Mall Road, Etters, Pennsylvania 17319. During the past five years, the children have resided with the following persons and at the following addresses: List All Person Address Dates Tracey Ashley & Chad Ashley Tracey Ashley & maternal grandparents 316 Eutaw Avenue Birth -11/2008 New Cumberland, PA 17070 8 Mall Road, Etters, PA 17319 11/2008 - present The mother of the children is Tracey Ashley, currently residing at 8 Mall Road, Etters, York County, Pennsylvania 17319. She is married. 4 The father of the children is Chad Ashley, currently residing at 316 Eutaw Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. He is married. 4. The relationship of plaintiff to the children is that of natural mother. The plaintiff currently resides with her parents. 5. The relationship of defendant to the children is that of natural father. The defendant currently resides alone. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff can provide the children with adequate moral, emotional, and physical surroundings as required to meet the children's needs; b. Plaintiff is willing to continue custody of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: none. WHEREFORE, plaintiff requests the court to grant custody of the child. Respectfully Date: / ` I i ^2 va Marlin L. ey, Esquire Law Of! Wesf Patrick F. Lauer, Jr., L.L.C. 2108 Mtreet, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 `?. ?r? ?.; } ? t".. ?? ? ? ? CF'? TRACEY ASHLEY PLAINTIFF V. CHAD ASHLEY DEFENDANT IN THE COURT OF COMM N PLEAS OF CUMBERLAND COUNTY, ENNSYLVANIA 2009-558 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, February 09, 2009 , upon consideratio it is hereby directed that parties and their respective counsel appear before Dawn S at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, Mar, for a Pre-Hearing Custody Conference. At such conference, an effort will be made tc if this cannot be accomplished, to define and narrow the issues to be heard by the cou order. Failure to appear at the conference may provide grounds for entry of a tempor The court hereby directs the parties to furnish any and all existing Pr( Special Relief orders, and Custody orders to the conciliator 48 hours prior to FOR THE COURT, By: /s/ Dawn S. Sunday, E: Custody Conciliator of the attached Complaint, Sunday, Esq. the conciliator, h 12, 2009 at 10:30 AM resolve the issues in dispute; or t, and to enter into a temporary ry or permanent order. from Abuse orders, ed hearing. The Court of Common Pleas of Cumberland County is required by la to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and re sonable accommodations available to disabled individuals having business before the court, please conta t 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 NCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPH NE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 f ?t 4{ll?'? Sif;t`i6 /4cl Vrf??a :I tl J"Allf I t ? : I I WV 6 - €I33 6002 AdviU K."i-iici'd 3iI-1i ?o K li?0-Q3113 (APR 13 2009 ? TRACEY ASHLEY Plaintiff VS. CHAD ASHLEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-558 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 2009, upon consideration of the attached Custody Conciliation Report, it is o dered land directed as follows: 1. A hearing is scheduled in Court Room No. of the Cumberland County Courthouse on the e;v A day of , 2009 at po'clock 0 m., at which time testimony will be taken. For p goes of the hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least seven (7) days prior to the hearing. 2. Pending the hearing and further Order of Court or agreement of the parties, the parties shall have shared legal custody of the Children and shall continue on the existing schedule under which the Father has custody of the Children every weekend from Saturday at 3:00 p.m. through Sunday at 6:30 p.m. and on Tuesdays and Thursdays from after school until 7:00 p.m. The Mother shall have custody of the Children at all times not otherwise specified for the Father in this provision. 3. In the event both parties and counsel agree that an additional custody conciliation conference would be useful in assisting the parties to reach a resolution of the outstanding issues without the necessity of proceeding to the hearing, counsel for either party may contact the conciliator to schedule a conference. BY THE COURT, J. cc: ..Marlin L. Markley, Esquire - Counsel for Moth ?66 M. Kerr, Esquire - Counsel for Father J cc l ? ? r i ?J TRACEY ASHLEY Plaintiff vs. CHAD ASHLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-558 CIVIL ACTION LAW IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who is the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Eric Ashley July 7, 2001 Mother Abby Ashley June 24, 2005 Mother 2. A custody conciliation conference was held on March 10, 2009, with the following individuals in attendance: the Mother, Tracey Ashley, with her counsel, Marlin L. Markley, Esquire, and the Father, Chad Ashley, with this counsel, John M. Kerr, Esquire. 3. Both parties filed Complaints seeking primary physical custody of the Children. The parties discussed their respective concerns at the conference and, although they were unable to reach an agreement as to an ongoing custody schedule, they agreed that the conciliator would hold this matter so that they could further discuss resolving this matter without the need to schedule a hearing. The Father's counsel has advised the conciliator at this time that the Father is requesting that a hearing be scheduled as the parties have been unable to reach a resolution. 4. The Father's position on custody is as follows: The Father believes that it would be best for the Children to reside with him primarily. The Father expressed concern that the adults providing care for the Children when they are in the Mother's custody, including the Mother's parents, are not instilling the proper Evangelical Christian values in the Children. The Father also believes that the Mother's parents are primarily providing care for the Children rather than the Mother. The Father alleges marital misconduct on the part of the Mother which he feels is another factor warranting an award of primary custody to him. The Father indicated that if he had primary custody of the Children he would have help and support from his fellow church members and friends. 5. The Mother's position on custody is as follows: The Mother believes that the current arrangement under which she primarily cares for the Children and the Father has periods of partial custody every week are working well. The Mother indicated that communication with the Father is extremely difficult, which prevents her from being able to share more information with him. The Mother expressed concern about the Father's caregiver and her 14 year old son. The Mother requested more information about who is providing care for the Children during the Father's periods of custody. The Mother also indicated that the Children told her that they were going along with the Father to his job sites when the Father was working and that they were being supervised by complete strangers. The Mother stated that her parents have provided care for the Children since they were babies. The Mother seeks to retain primary physical custody of the Children. 6. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter on the issue of primary physical custody. It is anticipated that the hearing will require at least one-half day. 7. -too Date Dawn S. Sunday, Esquire Custody Conciliator TRACEY ASHLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ' No. 09 - 558 Civil Term CHAD ASHLEY, :CIVIL ACTION - AT LAW - Defendant CUSTODY DIVORCE/ PRAECIPE TO WITHDRAW AS COUNSEL Kindly withdraw my appearance as counsel for Tracey Ashley, Plaintiff with regard to the above-captioned matter. Date: 4- 1 S Z 0d q Marlin LA1a_r ley, Esquire Law Offices Of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Attorney Withdrawing Kindly enter my appearance on behalf of Tracey Ashley, Plaintiff with regard to the above captioned matter. Date: _4` / S-Z ao -. JLIJL ,r_. narxiey, Esquire Attorne .D. No. 84745 112 ket Street, 6`h Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 Attorney Entering Appearance RLE: OF THE- 2 ny 0091r 1 16 1 : 39 v ?Ty TRACEY ASHLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2009 558 CHAD ASHLEY, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY I, John M. Kerr, Esquire, attorney for the Defendant in the above-captioned matter, accept service of the COMPLAINT IN DIVORCE /CUSTODY and scheduling order for a custody conciliation conference pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that I am authorized to accept service on behalf of the Defendant. JV/ John. Kerr, Esquire Atto y I.D.# 26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, Pennsylvania 17055 Attorney for Defendant, Chad Ashley Date: /y, X61 OF THE RI . ' T` r(""I ` {AFY 2009 APR 22 PH 3. LSD Cu??[_?. ..ca'?YY TRACEY ASHLEY, Plaintiff v. CHAD ASHLEY, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 09-0558 CIVIL ACTION -LAW DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce, or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Rug Z9 09 01:56p DRUID LAMBERT/CONNIE LAM 717-938-1301 p.l TRACEY ASHLEY, IN TI3E COURT OF CONI1bION PLEAS OF Plaintiff : CUMBIIZLAND COUNTY l'EN-NSYLVANIA v, : No. 09-0558 CHAD ASHLEY, CIVIL ACTION -LAW Defendant DIVORCE AMIETTDED DIVORCE COMPLAIlVT AND NOW, comes the Plaintiff, Tracey Ashley, by and through her attorneys, Foreman & Caraaolo, P.C., and adds the following count to her fending Divorce Complaint: ^ COUNT III -REQUEST FOR ALIMONY PENDENTE ~LLTE AND ALIMONY UNDER SECTIONS 37Q1(A) AND 37U2 OF THE DIVORCE CODE -23. On or abouE February 3, 2009 Plaintiff filed a divorce complaint to the above . captioned term and number. 24. Paragraphs one (1) through twenty-three (23) inclusive of PlaintifYs Divorce Complaint are incorporataed herein as fully as if set forth. 25_ Plaut#iff is unable to sustain herself during the course of litigation. 26. Plaintif# lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment 27. Plaintiff requests file Court to enter an award of alimony pendenfie life until final bearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(x) and 3702 of file Divorce Code. WHEREFORE, Defendant respectfully requests the Court tQ enter an award of alimony pendente life until final hearing and thereupon to enter an order of alimony in her favor pursuant fn Sections 370T(a}and 3702 of the Divorce Code. Respectfully Submitted, FOREMAN, FOREMAN & CARACIOLO, P.C. Date: 3 ~ Bruce D. Foreman; Esquire Attorney IU No. 21193 112 Market Street, 6~ Floor Harrisburg, PA 17101 (717) 23Cr9391-Telephone (717) 736-b602 - Facsinule bruce®ffclaw.net A#torney for PJninfiff Rug 29 09 01:57p DRUID LRMBERT/CONNIE LRM 717-938-1301 TIZACEY ASHLEY, Plaintiff v. CHAD ASHLEY, Defendant p.2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : No. 09-0558 CIVIL ACTION -LAW DNORCE VERIFICATION I verify that ttue statements made in this Amended Complaint aze true and correct I understand that false statements herein are made subjecE to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. c-~_. r. ~, ~-_ -~ Date Tracey Ashley, PJainti `~ TRACEY ASHLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA v. No. 09-0558 CHAD ASHLEY, CIVIL ACTION -LAW Defendant. DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Amended Divorce Complaint upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same by first class mail, addressed as follows: John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 Date: Respectfully Submitted, FOREMAN, FOREMAN & CARACIOLO, P.C. r~ Bruce D. For an, Esquire Attorney ID o. 21193 112 Market Street, 6~ Floor Harrisburg, PA 17101 (717) 236-9391 -Telephone (717) 236-6602 -Facsimile bruce@ffclaw.net Attorney for Plaintiff Oi 7i-fc F .. _ '-~r.'~': ;/CRY C'v°.d 1:~ ~ ~ .~I'.i-iy. TRACEY ASHLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-558 CHAD ASHLEY, : CIVIL ACTION - AT LAW - IN DIVOR? G Defendant CUSTODY PETITION FOR EMERGENCY CUSTODY RELIEF b PURSUANT TO Pa.R.C.P.1915.13 c7 AND NOW, comes Petitioner, Tracey Ashley, by and through her coup§?fs BiVce r Foreman, Esquire and the law firm of Forman & Caraciolo, P.C., and brings this Petition-€br Emergency Custody Relief pursuant to Pa.R.C.P. 1915.13 and avers as follows: 1. Petitioner is Tracey Ashley, an adult individual, with current residence at 5308 Oxford Circle, Apartment 87, Mechanicsburg, Pennsylvania 170.55. 2. Respondent is Chad Ashley, an adult individual, with current residence at 316 Eutaw Avenue, New Cumberland, Pennsylvania 17070. 3. Your Petitioner and Respondent are the parents of two minor children, Eric Ashley, born July 7, 2001, now nine years of age, and Abby Ashley, born June 24, 2005, now five years of age. 4. The parties were divorced to Cumberland County docket number 2009-558 by Divorce Decree dated December 21, 2009. 5. The parties entered into a Marital Settlement Agreement between the parties dated July 18, 2009, a true and correct copy of which is attached hereto, labeled Exhibit "A" and made a part hereof 6. Paragraph ten of the said Agreement, Exhibit "A", vests Petitioner/Mother with primary physical custody of the children, subject to Father's periods of partial physical custody pl/. -,X, efi?- 0 ;;?// 7 A,m( dS3 34 y I three weekends each month from Friday evening until Monday morning when he shall return the children to Mother or deliver them to school. 7. Paragraph ten of the aforesaid Marriage Settlement Agreement requires that a Stipulation as to custody shall be presented to the Court for entry as an Order of Court and that Husband agrees to bear the expense of preparation of such said Stipulation. 8. No such Stipulation was ever presented to the Court. 9. Petitioner/Mother had custody of the said minor children until Respondent, Chad Ashley, under the express written Agreement aforesaid, was to have custody of the minor children commencing after the end of school on Friday, January 7, 2011 but, despite the Agreement between the parties and without consent or notice, Respondent, Chad Ashley, went to the children's school on Thursday, January 6, 2011 midday, removed the children from school before the end of the day, and, without permission or notice to primary custodian Petitioner/Mother, took the children and has had custody of the same ever since. 10. While Petitioner/Mother has not been notified of where the children actually are, Petitioner believes and therefore avers that Respondent took the: children to New Mexico where members of his family reside and still has the children, without consent. 11. Petitioner/Mother is concerned because the children were removed without notice, removed from school mid-school day without explanation, Thursday, kept all evening and overnight Thursday, all day Friday and, while Respondent would normally have received custody Friday evening to Monday morning, no notice has been made as to where the children are and, because of Respondent's lack of concern, responsibility or compliance with the existing Custody Agreement, Petitioner is concerned as to what actions he will take with regard to the children hereafter. 12. Petitioner/Mother is now in route to New Mexico in search of and in an attempt to retrieve her children. 12. The best interest of the children would be served by issuing an Emergency Order to return custody of the said minor children to Mother and requiring only supervised and controlled visitation with Father jointly agreed by Petitioner and Respondent, not to include overnight visitation in Father, until further court action may be taken. WHEREFORE, Petitioner, Tracey Ashley, respectfully requests this Honorable Court to enter an Emergency Order of Custody granting her sole legal and physical custody of the minor children, Eric Ashley and Abby Ashley, until further Court Order and directing Respondent, Chad Ashley, to immediately transfer custody of the subject minor children to Petitioner, Tracey Ashley, and instructing all law enforcement agencies to cooperate in restoring custody of the children to Petitioner and authorizing Petitioner, Tracey Ashley., to take custody of her children wherever they may be found. Respectfully Submitted, FOREMAN & CARACIOLO, P.C. ruce D. For an, Esquire Attorney for Petitioner Attorney ID No. 21193 112 Market Street, 6t' Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 Fray: Furemdn & Caraciola, PC TRACEY ASHLEY, Plaintiff V. CHAD ASHLEY, Defendant 717 236 8602 01/0712011 08:00 #392 P- 005/O05 IN TBE COURT OF COMMON PLEAS OF C 7T ORRLAND COM Y, PE 9SYLVANL4 No. 09-558 CIVIL ACTION- A`T' I.AW - IN DIVORCE/ CUSTODY VERMCATYON I verify th.st the facts in .the foregoing Petition are true and correct to the best of my knowledge, information and belief. This verification is made 00Y as m the f4etixak aVermcnts contained herciu, and not to kegal 'eonclusions and averments authorod by counsel in his capaciky as attorney for the party or parties hereto. I uadetstand that' false statements herein are made subjeck to the penalties of 18 Pa.C.S. See. 44014, relating to unworn falsification to authorities. Date: - ?- Lk ? ?' Tracey Ashler , Petitioner EXHIBIT "A" MARRIAGE SETTLEMENT AGREEMENT By and between CHAD E. ASHLEY AND TRACEY L. ASHLEY Dated: DECEMBER 18, 2009 90)=. err 5020 Ritter Road sutte 109 Mechanicsburg. PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this 18th day of December, 2009, by and between Chad E. Ashley (hereinafter, "Husband") and Tracey L. Ashley (hereinafter, "Wife") at Mechanicsburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife, having been married on June 15, 1996, in Cumberland County, Pennsylvania; and WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other; and WHEREAS, the parties formally separated on November 4, 2008. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings Yohn M.?err 502o Ritter Road Sutte 108 Mecflarimburg, PA 17055 Ptlors: 717.766.4008 FAx: 717.766.4066 hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Upon execution of this Agreement, the parties agree to sign the appropriate Consents and Waivers of Notice and to forward the same to Husband's counsel, who will deliver the transcript of the record to the Cumberland County Prothonotary and finalize the divorce. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Reconciliation will not void the provisions of this Agreement. 2. Effect of Divorce Decree. This Agreement shall continue to be effective after the entry of a Yohn M. err solo RI[tP.r Road State 109 MedWIIC urg. PA 17055 Rio : 717.766.4008 FAx: 717.766.4066 Final Decree in Divorce between the parties. 3. Agreement To Be Incorporated in Final Divorce Decree. This Agreement shall be incorporated, but not merged with, any Divorce Decree which may be entered. The Court of Common Pleas, Cumberland County, Pennsylvania shall retain continuing jurisdiction over the parties and the subject matter for the purpose of enforcement of any of its provisions. 4. Date of Execution/Effective Date. The date of execution of this Agreement shall be the day when the party last signing has done so. This Agreement shall become effective and binding upon the parties once same is signed by both parties. 5. Division of Property/Satisfaction of Marital Property Rights. The parties agree to the following equitable distribution of marital property and marital debt: A. Wife agrees to convey the real property located at 316 Eutaw Avenue, New Cumberland 17070, which presently is titled in the name of both Husband and Wife, to Husband only. In so doing, Wife forever relinquishes any title or interest in said property she may now have. Husband agrees to be responsible for preparing the deed and all costs of recordation,which Wife agrees to execute when presented. B. Wife agrees to transfer title of a 2000 Ford Box Truck and a 2007 Chevy Truck, presently titled in the names of both Husband and Wife, to Husband only. In so doing, Wife forever relinquishes any right or interest she may possess in said vehicles. C. Wife agrees to take such actions which will result in her name being removed from various utility accounts/bills, to include the Verizon home telephone line; Pennsylvania American Water; UGI Utilities; Pennsylvania Power and Light; and New Cumberland Borough Sewer and Trash. D. In consideration for Wife's covenants set forth in this Agreement, Husband agrees to assume all marital debt, to include the following: i) the GMAC loan for the 2007 Chevy Truck Lease ($389.67 monthly payment); ii) HSBC Mortgage Company (balance - $175,708.62; $1,373.44 monthly payment); iii) M&T Bank Loan for the 2000 Ford Box Truck ( balance - $6,098.93; $287.43 monthly payment); iv) PNC Bank Loan ( balance - $4,891.42; $320.00 monthly payment); v) Sheffield Financial (balance - $5058.34; $163.15 monthly payment); vi) GE Capitol Loan for 2007 BobCat (balance - $36,000.00; $714.00 monthly payment); and vii) American Consumer Credit (balance - $10,128.00; $415.00 monthly payment). To the extent he is able, Husband agrees to remove Wife's name from all of the aforesaid obligations. Husband covenants to indemnify and to hold wife harmless from any of the aforesaid debt, which he assumes completely as his own. In consideration for these covenants, Wife agrees not to assert any interest or claim, now or in the future, to the sole proprietorship known as, "Ashley Home Improvements," which she completely relinquishes. In exchange, Husband indemnifies and agrees to hold Wife harmless as to any debts relating to Ashley Home Improvements, a sole proprietorship of Husband. E. Husband and Wife have agreed to a division of personal property and represent that they have divided such property or will shortly do the same. F. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party, respectively. G. Each of the parties specifically acknowledge that they do not have any other assets other than the ones described above. 6. Equitable Distribution of Property. By this Agreement, the parties have intended to effect Y Law Otflm or ohn M. err 5020 Ritter Road Suite 108 Medlari[CSbUrg, PA 17055 Prrors: 717.766.4008 FAx: 717.766.4066 an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 7. Relinquishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 8. Alimony. Both parties agree to waive any right to alimony following entry of a divorce decree. 9. Support. In consideration of the covenants and other consideration as expressed in this Agreement, Wife agrees to discontinue the current Order for Support with the Domestic Relations Section of the Cumberland County Court of Common Pleas, PASCES Case Number 244110507. Instead, the parties agree that Husband shall pay such support for the parties' two children as mutually agreed between Husband and Wife. 10. Custody. The parties agree to a resolution of their current custody dispute and to ohn M. e1r Soto Ritter Road Suite 109 Mechanicsburg, PA 17055 Ptiom: 717.766.4008 FAx: 717.766.4066 discontinue the Hearing scheduled for January 11, 2010 before Judge Oler of the Court of Common Pleas of Cumberland County, Pennsylvania. At the time of cancelling such Hearing, the parties agree that a Stipulation as to custody shall be presented to the Court for entry as an Order of Court. Husband agrees to bear the expense of preparation of such a Stipulation. Said Stipulation shall provide, among other terms, that Mother will have primary physical custody of the children, subject to Father's periods of partial physical custody three weekends each month from Friday evenings until Monday mornings, when he shall return the children to Mother or deliver them to school. Father shall also have periods of partial custody on Wednesday evenings in accordance with the present practice. The parties shall enjoy shared legal custody. 11. Health Insurance. Husband agrees to maintain health insurance on himself, only. Wife agrees to continue the health insurance on the children as it is presently maintained. 12. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, except any rights accruing under paragraph 5 D of this Agreement, relating to marital debt. 13. Waiver of Beneficiary Designation. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, and bank accounts. Each party expressly states that it is his or her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. 14. Indemnification. Each party represents and warrants to the other that he or she has not 90 5o2o Filter Road Suite 108 MeclmWsl>urg, PA 17055 PHorm: 717.766.4008 FAx: 717.766.4066 incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will, at his or her own expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting there from, except as provided at paragraph 5 D above. 15. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties or oral agreements other than those expressly set forth herein. 16. Legal Counsel. Husband represents that the provisions of this Agreement and their legal effect have been fully explained by his counsel, John M. Kerr, Esquire. Wife similarly represents that her counsel, Bruce Foreman, Esquire has fully explained the provisions of this Agreement and their legal effect. 17. Default or Breach. It is expressly stipulated that if either party defaults or is in breach of the material obligations of this Agreement, the other party shall have the right to sue for damages for breach thereof, or to seek specific performance, or to seek any other legal remedies that may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. All such actions shall be brought in the Court of Common Pleas, Cumberland County, Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year below '90)=. e1T 5020 Ritter Road suite 108 MechanWSbtug, PA 17055 P11ors: 717.766.4008 FAx: 717.766.4066 written. Chad E. Ashley (Date) IlAdil iVll-, 1.41 zr-4 X '9 Witness Tracey L. Ashley (Date) TRACEY ASHLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHAD ASHLEY, Defendant NO. 09-558 CIVIL TERM IN RE: PETITION FOR EMERGENCY CUSTODY RELIEF PURSUANT TO Pa. R.C.P. 1915.13 ORDER OF COURT AND NOW, this 7 h day of January, 2011, upon consideration of Plaintiff s Petition for Emergency Custody Relief Pursuant to Pa. R.C.P. 1915.13, the parties are hereby directed to abide by Paragraph 10 of the Marriage Settlement Agreement with respect to custody. /Bruce D. Foreman, Esq. 112 Market Street Sixth Floor Harrisburg, PA 17101 Attorney for Plaintiff ?John Kerr, Esq. 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 Chad Ashley 316 Eutaw Avenue New Cumberland, PA 17070 BY THE COURT, 00-1lei DO o ..' .acs CD -n :rc A H . TRACEY ASHLEY, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-558 CHAD ASHLEY, CIVIL ACTION - CHILD CUSTODY!' DEFENDANT 'j UTMONTO MODIFY_CUSTODY ORDER FT I AND NOW, comes the defendant/petitioner, Chad Ashley, by and through his attoiney,_ Justin C. Gearty Jr., Esquire, and respectfully represents the following: 1. The petitioner is Chad Ashley who resides at 316 Eutaw Ave., New Cumberland, PA 17070. 2. The respondent is Tracey Ashley who resides at 5308 Oxford Circle, Apt. 87, Mechanicsburg, PA 17055. 3. The parties have two minor children, namely Eric G. Ashley, DOB 7/7/01; and Abby L. Ashley, DOB 6/24/05. 4. The terms of custody are those outline in their marital settlement agreement dated July 18, 2009. A true and correct copy of which is attached hereto and labeled as exhibit one. 5. Through a petition for emergency custody relief, this Court affirmed the j)iarital settlement agreement as the complete terms of the custody schedule. This Order is attached and marked as exhibit 2. 6. The respondent was given primary- physical c1„ lolly M11) tt?r;. j?;:??iir?T;; r l,?y;; ,n.t; l physical custody. 7. The petitioner enjoys periods of partial physical custody as follows: three weekends per riitwilh frocui Friday at 61:30 pm t1hroug-10 Ml ot,day, 8. The marital settlement agreement lacks specificity with regards to custody. a 4 7G 0 Al? l 9. The current custody arrangement does not provide for periods of vacation for the petitioner. 10. The respondent fails to involve the petitioner in legal custody decisions, specifically; she will not permit him to be involved in routine medical decision making. 11. The petitioner would like to get the children involved in sporting events, but the respondent fails to consent. 12. There have been problems with excessive absences and lack of preparedness in the children's' schooling. 13. The maternal grandmother is more involved in the day to day care of the children than the respondent. 14. The petitioner would like to spend much more time with the children. 15. The petitioner offers a safe and healthy environment for the children. WHEREFORE, the petitioner, Chad Ashely, respectfully requests that this Honorable Court modify the existing Order and grant him shared legal and primary physical custody of the children. submitted, Justin C. Gearty Jr., Esquire Attorney for Chad Ashley 204 Fairfax Drive Lancaster, PA 17603 717-490-6325 Fax: 717-685-3713 Supreme Court ID: 308851 VERIFICATION I, Chad Ashley verify that the statements made in this petition to modify custody order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. c6A - - U) Petitioner 0 Date 7 introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 7. Relinquishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife I I forever relinquishes any right or interest she may now or hereafter have in any assets now i + I belonging to Husband. IIII ' 8. Alimony. Both parties agree to waive any right to alimony following entry of a divorce decree. 9. support. In consideration of the covenants and other consideration as expressed in this Agreement, Wife agrees to discontinue the current Order for Support with the Domestic Relations j Section of the Cumberland County Court of Common Pleas, FASCES Case Number 244110507. f i Instead, the parties agree that Husband shall pay such support for the parties' two children as i mutually agreed between Husband and Wife. 10. Custody. The parties agree to a resolution of their current custody dispute and to discontinue the Hearing scheduled for January 11, 2010 before fudge Oler of the Court of Common Pleas of Cumberland County, Pennsylvania. At the time of cancelling such Hearing, the parties agree that a stipulation as to custody shall be presented to the Court for entry as an Order of Court. Husband agrees to bear the expense of preparation of such a Stipulation. Said Stipulation shall provide, among other terms, that Mother will have primary physical custody of the children, I "D M.? IT subject to Father's periods of partial physical custody three weekends each month from Friday 5ozoRi1wRwd evenings until Monday mornings, when he shall return the children to Mother or deliver them to 5tft 108 Eng. PA 17056 PFAx: I lse ? school. Father shall also have periods of partial custody on Wednesday evenings in accordance with I the present practice. The parties shall enjoy shared legal custody. __ f TRACEY ASHLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHAD ASHLEY, Defendant NO. 09-558 CIVIL TERM IN RE: PETITION FOR EMERGENCY CUSTODY RELIEF PURSUANT TO Pa. R.C.P. 1915 13 ORDER OF COURT AND NOW, this 7`?' day of January, 2011, upon consideration of Plaintiff's Petition for Emergency Custody Relief Pursuant to Pa. R.C.P. 1915.13, the parties are hereby directed to abide by Paragraph 10 of the Marriage Settlement Agreement with respect to custody. Bruce D. Foreman, Esq. 112 Market Street Sixth Floor Harrisburg, PA 17101 Attorney for Plaintiff John Kerr, Esq. 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 Chad Ashlev 316 Eutaw Avenue New Cumberland, PA 17070 BY THE COURT, J, Lesley OleT, Jr., J. . TRUE COPY FROM RECORD In testimony whwW, i here unto set my hard and the seal of said at CafrWas, Pa. :rc TRACEY ASHLEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 09-558 , CHAD ASHLEY, CIVIL ACTION - CHILD CUSTODY'(--' DEFENDANT MC° `- --Previously assigned to: J. Wesley 01 Dr., e.nof PETITION FOR SPECIAL RELIEF" AND NOW, comes the petitioner, Chad Ashley, by and through his attorney, Juste Q?S Gearty Jr., Esquire, and respectfully represents the following: 1. The petitioner is Chad Ashley who resides at 316 Eutaw Ave., New Cumberland, PA 17070. 2. The respondent is Tracey Ashley who resides at 5308 Oxford Circle, Apt. 87, Mechanicsburg, PA 17055. 3. The parties have two minor children, namely Eric G. Ashley, DOB 7/7/01; and Abby L. Ashley, DOB 6/24/05. 4. The terms of custody are those outlined in their marital settlement agreement dated July 18, 2009. 5. The petitioner enjoys periods of partial physical custody as follows: three weekends per month from Friday through Monday. 6. The respondent has primary physical custody of the children. 7. The current custody arrangement does not address vacation times. 8. The petitioner has an upcoming family reunion in Colorado and would like to take the children so they can visit with some family. 9. The petitioner's family reunion is scheduled for June 24 - July 6, 2011. / 10. The children will not be in school during those dates. /??? ?o 44/ a t 11. The petitioner has made repeated attempts to get permission from the respondent to take the children to this family reunion, but the respondent has failed to respond. 12. It will be in the best interest of the children to visit with family. WHEREFORE, the petitioner, Chad Ashley, respectfully requests that this Honorable Court enter an Order permitting him to take the children to the family reunion scheduled for June 24 - July 6, 2011. Respectfully submitted, Justin C. Gearty Jr., Esquire Attorney for Chad Ashley 204 Fairfax Drive Lancaster, PA 17603 717-490-6325 Fax: 717-685-3713 Supreme Court ID: 308851 VERIFICATION I, Chad Ashley verify that the statements made in this petition for special relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Petitioner Date T TRACEY ASHLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHAD ASHLEY, Defendant NO. 09-558 CIVIL TERM IN RE: PETITION FOR EMERGENCY CUSTODY RELIEF PURSUANT TO Pa. R.C.P. 1915.13 ORDER OF COURT AND NOW, this 7tr' day of January, 2011, upon consideration of Plaintiff's Petition for Emergency Custody Relief Pursuant to Pa. R.C.P. 1915.13, the parties are hereby directed to abide by Paragraph 10 of the Marriage Settlement Agreement with respect to custody. BY THE COURT, Bruce D. Foreman, Esq. 112 Market Street Sixth Floor Harrisburg, PA 17101 Attorney for Plaintiff John Kerr, Esq. 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 Chad Ashley 316 Eutaw Avenue New Cumberland, PA 17070 J. Wesley Oler, Jr., J. TRUE COPY FROM RECORD rn'restirnony whereof, t Isere unto set my hwW and the seal of said Cotft at CCarrw", AL Tft ?of j&n 2tJ? W . L. 7 " 6 Pmumatery :rc introduction of outside funds or other property not constituting a part of the marital estate. it is the intention of the parties to treat all transfers of property herein as non-taxable. 7. Relinquishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 8. Alimony. Both parties agree to waive any right to alimony following entry of a divorce decree. 9. Support. in consideration of the covenants and other consideration as expressed in this Agreement, Wife agrees to discontinue the current Order for Support with the Domestic Relations Section of the Cumberland County Court of Common Pleas, PASCES Case Number 244110507. Instead, the parties agree that Husband shall pay such support for the parties' two children as mutually agreed between Husband and Wife. 10. Custod . The parties agree to a resolution of their current custody dispute and to -01ti¢Of ohn ;!err Bozo Au1ef Road SLft Joe M U!$, PA 17055 Pwm: 717.766,4008 FAx: 717.766.4066 discontinue the Hearing scheduled for January 11, 2010 before Judge Oler of the Court of Common Pleas of Cumberland County, Pennsylvania. At the time of cancelling such Hearing, the parties agree that a Stipulation as to custody shall be presented to the Court for entry as an Order of Court. Husband agrees to bear the expense of preparation of such a Stipulation. Said Stipulation shall provide, among other terms, that Mother will have primary physical custody of the children, subject to Father's periods of partial physical custody three weekends each month from Friday evenings until Monday mornings, when he shall return the children to Mother or deliver them to school. Father shall also have periods of partial custody on Wednesday evenings in accordance with the present practice. The parties shall enjoy shared legal custody. TRACEY ASHLEY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 09-558 CHAD ASHLEY, CIVIL ACTION - CHILD CUSTODY DEFENDANT CERTIFICATE OF SERVICE I, Justin C. Gearty Jr., Esquire, attorney for Chad Ashley, hereby certify that a true and correct copy of the petitioner's petition for special relief was served upon the following via first class, U.S. Postal Service on this q day of June, 2011: Tracy Ashley 5308 Oxford Circle, Apt. 87 Mechanicsburg, PA 17055 Respectfully submitted, Ab 2 - Justin C. Gearty Jr., Esquire Attorney for Chad Ashley r -e. 7C =M ZTJ C ,cam' -V?ry TRACEY ASHLEY, : IN THE COURT OF COMMON PLEAS O' p c -C1:1)' Di Plaintiff : CUMBERLAND COUNTY, PENNSYLVA rt V = . C) : No. 09-558 © C) CHAD ASHLEY, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY RESPONSE TO PETITION FOR SPECIAL RELIEF IN OPPOSITION THERETO AND NOW, comes the Plaintiff, Tracey Ashley,.by and through her attorneys, Foreman & Caraciolo, P.C. and Bruce D. Foreman, Esquire, and respectfully responds as follows: 1. Petitioner had resided at 316 Eutaw Avenue, New' Cumberland, Pennsylvania but has indicated to Plaintiff that the house is being foreclosed upon and, of her own knowledge, Plaintiff is aware that all of the contents of the house have been packed up and that Defendant appears to be vacating the same. By way of further response, Plaintiff, despite repeated requests to Defendant, has been unable to obtain or determine to what address Defendant is relocating. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. After reasonable investigation, Plaintiff is unable to determine the truth or falsity of averments of Paragraph 8; by way of further response, if true strict proof thereof is demanded at a hearing on the requested special relief. 9. After reasonable investigation Plaintiff is unable to determine the truth or falsity of averments of Paragraph 9, by way of further response, if true strict proof thereof is demanded at a hearing on the requested special relief. 10. - Admitted, although, by way of further response, day care arrangements have been made with regard to both children for those dates. 11. Denied as stated; the instant Petition is filed by new counsel for Defendant, not Defendant's previous counsel of record nor Defendant's counsel of record in related or past matters, but Plaintiffs counsel of record in the instant case and related cases is the undersigned and Plaintiff has been represented by counsel and no contact has been received nor attempted to Plaintiffs counsel, through and including the date of this Answer. By way of further response, Plaintff: has asked for the address to which Defendant is relocating. By way of fiuther response, there is an existing recent Support Order against Defendant on which Defendant has made no payment and at proceedings for that Support Order Defendant has indicated he has virtually no individual income. Plaintiff has reasonable fear, fueled by Defendant's failure to abide by the existing Support Order and, Defendant's acknowledged foreclosure and pending move and Defendant's inability or lack of desire to state to where he is relocating that Defendant may not be returning the children if he takes the children out of state, in contradiction of the existing Court Order. 12. Paragraph 12 of Defendant's Petition is not a conclusion that requires response and the same is denied and strict proof thereof is demanded at a hearing. NEW MATTER 13. Plaintiff incorporates her answers to Defendant's Petition for Special Relief. 14. Plaintiff is reasonably concerned about the return of the children if taken out of state by Defendant based upon (a) Defendant's apparent lack of individual income despite his ability to earn; (b) Defendant's failure to abide by the existing, recent Support Order to make any payment thereon; (c) Defendant's apparent loss of his house by foreclosure in violation of the Marriage Settlement Agreement and Court Order; (d) Defendant's unwillingness to indicate the address to which he is relocating. (e) Defendant's expenditures for travel out of state for himself and the children while not making any payment on an existing Support Order. 15. For the foregoing reasons, plaintiff respectfully requests that Defendant's Special Relief Petition be denied, that Defendant be ordered to disclose the location to which he is . relocating and that Defendant be ordered to abide by the existing Support Order before any additional time with the children and before the children are allowed to be taken out of state without the security for their return and before Defendant be allowed to expend any sums for a trip with the children while in violation of his Support Order and that a hearing be held on Defendant's request. WHEREFORE, plaintiff respectfully requests that the petition for Special Relief be denied and, that a hearing be held before consideration from the existing Custody order's granted in the instant case. Respectfully Submitted, FOREMAN 47- 'CIOLO, P.C. Bruce D. Foreman, Esquire Attorney for Plaind ff Attorney ID No. 21193 112 Market Street, 6'h Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 TRACEY ASHLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-558 CHAD ASHLEY, : CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY 3M4 C_TION I verify that the facts in the foregoing Answer are true and correct to the best of my knowledge, information and belief. This verification is made only as to the factual averments contained herein, and not to legal conclusions and averments authored by counsel in his capacity as attorney for the party or parties hereto. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904, relating to unworn falsification to authorities. Date: Tracey Ashl , P aintiff i TRACEY ASHL EY, : IN TIC COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09-558 CHAD ASHLEY, CIVIL. ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY CERTIFICA + OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same postage prepaid, first class mail; addressed as follows: Justin C. Gearty, Jr., Esquire 204 Fairfax Drive Lancaster, PA 17603 Respectfully submitted, FOREMAN & CARACIOLO, P.C. Date: Jennifer right, Le Secretary to Foreman & CaracioI , P.C. TRACEY ASHLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA , 2009-558 CIVIL ACTION LAW i1:' ar rte) ' CD CHAD ASHLEY r ,..A C3 1 c73 IN CUSTODY DEFENDANT - ORDER OF COURT .AND NOW, Monday, June 20, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, July 07, 2011 at 1:30 PM 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. jjo? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 ?/?,,,? M???/ 46 Telephone (717) 249-3166 4? (Nirrdq ?nC? f J ??a ?e ?/010 /,( ?? d TRACEY ASHLEY, Plaintiff V. CHAD ASHLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-558 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 20'' day of June, 2011, upon consideration of Defendant's Petition for Special Relief and of the Response to the Petition for Special Relief in Opposition Thereto, the petition is denied. BY THE COURT, 'Bruce D. Foreman, Esq. 112 Market Street 6`h Floor Veteran's Building Harrisburg, PA 17101 Attorney for Plaintiff ,/ Justin C. Gearty, Jr., Esq. 204 Fairfax Drive Lancaster, PA 17603 Attorney for Defendant 0 Ma,l? ies OP L fail D C- N C) 73 t a r?' TRACEY ASHLEY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-558 CHAD ASHLEY, CIVIL ACTION - CHILD CUSTODY DEFENDANT CERTWICATE? OF SERVICE I, Justin C. Gearty Jr., Esquire, attorney for Chad Ashley, hereby certify that a true and correct copy of the petitioner's petition for special relief was served upon the following via first class, U.S. Postal Service on this Tracy Ashley 5308 Oxford Circle, Apt. 87 Mechanicsburg, PA 17055 Respectfully submitted, day of June, 2011: Justin C. Gearty Jr., Esquire Attorney for Chad Ashley c: rn co zap ., ?° W -1C_` TRACEY ASHLEY, : IN THE COURT OF COMMON PLEAS OF - PLAINTIFF 1 : CUMBERLAND COUNTY, PENNS)TVRMIA V rnco NO. 09-558 --A -ur , : ter- ? Q° CHAD ASHLEY CIVIL ACTION - CHILD CUSTOL?z cs , DEFENDANT Z© s °z- C o o rr., CETI FICATE OF SERVICE I, Justin C. Gearty Jr., Esquire, Attorney for Chad Ashley, hereby verify that a true and correct copy of the defendant's petition to modify custody was served upon the following via First Class U.S. Postal service on this day of June, 2011: Bruce Foreman, Esquire Attorney for Tracey Ashley 112 Market Street, a Floor Veterans Building Harrisburg, PA 17101 Respectfully submitted, c Justin C. Gearty Jr., Esquire TRACEY ASHLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA a ,.. vs. 2009-558 CIVIL ACTION LAW zca -r, r. ' Z cnr r- -or -v a im, C) CHAD ASHLEY C© _ Defendant IN CUSTODY zo ORDER OF COURT ?',, AND NOW, this day of a u 2011, upon consideration of the attached Custody Conciliation Report, it is orde d and directed as follows: 1. A hearing is scheduled in Courtroom Number 1 of the Cumberland County Courthouse on the day of Q , 2011, at ?.m., at which time testimony will be taken. For purposes of the hearing, the Father, Chad Ashley, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated January 7, 2011 shall continue in effect. 3. The parties shall share having custody of the Children on Thanksgiving, Christmas, Easter, Memorial Day, July Fourth and Labor Day each year with the specific arrangements to be made by agreement between the parties. The Mother shall have custody of the Children every year for Mother's Day and the Father shall have custody for Father's Day, with each parent to notify the other at least one week in advance of the hours they have selected for the day of the holiday. 4. Each parent shall send an email message to the other parent every Sunday evening advising of any appointments or activities for the Children for the upcoming two week period and advising of any significant developments related to the Children in the prior one week period. 5. The Father shall have custody of the Children in 2011 from July 29 through August 7 for vacation. The Father shall provide the Mother with advance notice of the address and telephone number where the Children can be contacted during vacation. The Mother shall provide the Father with the same information in the event she removes the Children from the area for vacation. BY THE COURT, J. WA ley O er, Jr. J. cc: Justin C. Gearty, Esquire - Counsel for Father ? Bruce D. Foreman, Esquire - Counsel for Mother Cop+PS hnct./eg ) f lql i jog-G TRACEY ASHLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CHAD ASHLEY Defendant 2009-558 CIVIL ACTION LAW IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Eric Ashley July 7, 2001 Mother Abby Ashley June 24, 2005 Mother 2. A custody conciliation conference was held on July 7, 2011, with the following individuals in attendance: the Mother, Tracey Ashley, with her counsel, Bruce D. Foreman, Esquire, and the Father, Chad Ashley, with his counsel, Justin C. Gearty, Jr., Esquire. 3. This Court previously entered an Order in this matter on January 7, 2011 directing the parties to abide by the custody provisions of their Marital Settlement Agreement under which the Mother has primary physical of the Children and the Father has partial custody on three weekends per month from Friday through Monday and every Wednesday evening. The Father filed this Petition to Modify seeking shared physical of the Children and more specific provisions related to holidays and vacation. 4. The parties were not able to reach an agreement as to the regular custody schedule and it will be necessary to schedule a hearing. 5. The Father's position on custody is as follows: While the Father acknowledges that if he moves out of the immediate vicinity (possibly to Liverpool), it may not be feasible to share having physical custody of the Children during the school year, he believes that he should have the majority of the summer school break for his custodial time. The Father also expressed concern that he is not sufficiently involved in making legal custody decisions for the Children and does not receive adequate information pertaining to their medical care and appointments. The Father requested at least two consecutive weeks for vacation so that he can visit relatives in New Mexico and Colorado. 6. The Mother's position on custody is as follows: The Mother believes that it would be best for the Children to continue the existing custodial schedule through the year as she believes that the alternating weekly schedule which they used years ago was detrimental to the Children. The Mother said that she is willing to share medical and other information related to the Children with the Father but believes that communication has become too difficult between the parties. The Mother indicated that while the parties had previously engaged in co-parenting counseling following a prior conciliation conference, the situation has not improved. 7. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter and reflecting the agreements of the parties, at least pending hearing, on holiday arrangements, the Father's 2011 vacation period and email contact. It is anticipated that the hearing will require at least one-half day. . j o I/ Date Dawn S. Sunday, Esquire Custody Conciliator TRACEY ASHLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA C a V. No. 09-558 _0Z - i CHAD ASHLEY, CIVIL ACTION -LAW -n r Defendant CUSTODY w C), l 1 --4 c? MOTION FOR CONTINUANCE mac-' ?_7 5:C= N vj yl Motion is hereby made to continue the following above-captioned matter: 1. The Custody Hearing is scheduled in Courtroom 1 of the Cumberland County Courthou se on the 61h day of October, 2011 at 9:30 a.m. before the Honorable Judge J. Wesley Oler, Jr. II. No previous continuances have been requested or granted. III. Motion is made for continuance because Plaintiff's counsel is scheduled for a three-day long previously scheduled matter (October 5; October 6; October 7). Bruce D. Foreman, Esquire Counsel for Plaintiff Date Applying Cou set's Signature _.. IV. Motion is opposed/unopposed . If opposed state reasons: Justin C. Gearty, Esquire Counsel for Defendant Date Other Counsel's Signature 1_/ Respectfully Submitted, FOREMAN & CARACIOLO, P.C. bri?ce D. F an , Esq 're----- Attorney for Petitioner Attorney ID No. 21193 112 Market Street, 6`h Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 7/18/11 02:33PM F-DT Gearty Law Offices -> Attorn.ey Foreman. 71_723EEE42 ^g 2/ Frew: FarEemsn A Caracio Ia. :RC 71-7239102 071118 + 011 10::+10 I M p. pti OM TRACEY ASM", : IN TI'm C:U1JR1" 07:7 Wmmotx 1PIZM OF PEain#i#Y : CUM EIMAND COUNTY, Pi3>g1:4Y .VAM No. 09-55$ Ddafto mt -. CUSTODY MU'1'f ?#R ?NTiNiJ„-, + Nf? . 901i;m i$ hjK4lbydkA& to oo,a? um to mowing e1lc?we *".,0aod ranee L 17bv OvAxly E#camg1a wcaEtbdWtd in: Com mml i of the Comb mimd Oomty C:o? on the 60' day of bet, 201tat 910 &0:. before dbe MMMIbie Jrge J _ Vk coley oler, Jr. TL Nu pmr1o is cdmtiuumees hwm boew r+epowW %-r pWat TIL MpOm is madr. for c m0nmce bye PlaiaAT% oompal is Whadnied for & throe-day Imig previously scsheduW maffw (0agbw 5-, :Qc bv, f; Omubft, 7). fine 0. FUMPOA E*p4r*. Coupwr W plnooff LWo Ap7alyi?$?ct?na?t'a Signatarc 1V. motion is appa,a?ed(?y 7uerbn.O, Genty*, .._? ?`owtsel,fUr t?h &Mfv Data r? J? ?f I TRACEY ASHLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-558 CHAD ASHLEY, CIVIL ACTION -LAW Defendant CUSTODY MOTION FOR CONTINUANCE AND NOW, this Z al, day of .1 ?. I., -,- /_ 2011, based n Plaintiffs Motion for Continuance of Custody Hearing, the same is reschedul ed for the upo day of 2011 at .m. _ . _ ? Mw x r•i Cc_-- z M - 0 -<> N _ t7 BY THE COURT: -n c,. e LO--J. ley Olererr e J vj I p Distribution: ,/ - Bruce D. Foreman, Esquire (Attorney for Plaintiff) 112 Market Street, 6' Floor, Harrisburg, PA 17101 n M?jd p (P.S Justin C. Gearty, Esquire (Attorney for Defendant) P al >> 204 Fairfax Drive, Lancaster, PA 17603 p TRACEY ASHLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW C) C:1 _29 -n CHAD ASHLEY, Defendant NO. 09-558 CIVIL TERM -<b j-2: C43 o = IN RE: CUSTODY HEARING ° a "' =a 3:(= s o = ° rr, ORDER OF COURT AND NOW, this 31S` day of August, 2011, due to a conflict in the Court's schedule, the hearing previously scheduled in the above matter for October 20, 2011, is rescheduled to Monday, November 7, 2011, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, 7 J. esley Oler, ., J. ? Bruce D. Foreman, Esq. 112 Market Street 6t' Floor Veteran's Building Harrisburg, PA 17101 Attorney for Plaintiff ? Justin C. Gearty, Jr., Esq 204 Fairfax Drive Lancaster, PA 17603 Attorney for Defendant ! _ e, E E L ": Bruce D. Foreman, Esquire Attorney ID No. 21193 2] 110 C' T 2 $ All [,i3: c i U Foreman & Caraciolo, P.C. 112 Market Street, 61h Floor Harrisburg, PA 17101 C Li r, 7 '; E_ rt s v v (717) 236-9391 Telephone t, ? f ` ?'! 1 ! ? ,? 1'S r r (717) 236-6602 Facsimile . . bruce@ffclaw.net Attorneysfor Plaintiff TRACEY ASHLEY, Plaintiff V. CHAD ASHLEY, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : No. 09-0558 CIVIL ACTION - LAW DIVORCE CHILD CUSTODY PRE-TRIAL MEMORANDUM 1. Current Situation The instant Custody Petition deals with two minor children of Tracey Ashley and Chad Ashley being Eric Ashley born July 7, 2001, now ten years of age; and Abby Ashley born June 24, 2005, now six years of age. Primary custody of the children is in the Plaintiff, Tracey Ashley, subject to periods of temporary custody in the Father, Chad Ashley. The parties have not previously gone through a formal custody hearing leading to an Order but the Marriage Settlement Agreement between the parties dated July 18, 2009 indicated that Defendant, Chad Ashley, was to draw up and file a custody arrangement agreed to by the parties consistent with primary custody in Mother and periods of temporary custody in Father. Mr. Ashley never followed through on that requirement, although it is in the Marriage Settlement Agreement which was incorporated in the Divorce Decree. By Order of July 7, 2011, the Honorable Wesley Oler, Jr., Judge of the Cumberland County Court of Common Pleas issued an Order recognizing the custody agreement in the Marriage Settlement Agreement. A Custody Conciliation Conference was held before Dawn Sunday on July 13, 2011 at which the basic agreement between the parties was republished and, by agreement, Plaintiff, Tracey Ashley, added a provision which required holidays to be shared and gave the Petitioner a summer vacation which, in fact, Mr. Ashley took advantage of during the 2011 summer. II. Mother's Position on Custody Mother believes that shared legal custody should continue and that she should remain as the primary custodian with the Father to continue to receive the specified weekend visitation and periods of temporary custody. Mother is amenable to a normal division of holidays and to allow a two non- consecutive week period for summer vacation for each party with thirty days notice to the other. Mother believes that Father has, on an ongoing basis, failed to provide notice in advance of leaving town, making arrangements for the children and for vacations and requests that an Order specifically require information to be communicated from the Father to Mother with regard to such items. Mother suggests that Father be ordered to participate in a co-parenting program to enhance communication and support the other parent's relationship with the children and their best interests. Mother finds that Father continuously makes comments in front of the children involving them in matters of custody and support and saying negative things to the children about Mother. Mother works to encourage a good relationship between Father and children and would like the Custody Order to require Father to do the same with regard to the relationship between children and Mother. III. Witnesses 1. Tracey Ashley - will testify regarding the relationship between the children and Father, children and Mother and Father and Mother in co-parenting. David Lambert - Tracey Ashley's Father, will testify as to the relationship between the children and Father, children and Mother and problems with co-parenting. Respectfully Submitted, Date: j G? Z ` l FOREMAN & CARACIOLO, P.C. Bruce D. Foreda*, Esquire Attorney ID No. 21193 112 Market Street, 6'h Floor Harrisburg, PA 17101 (717) 236-9391 - Telephone (717) 236-6602 - Facsimile bruce@ffclaw.net Attorney for Plaintiff TRACEY ASHLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. : No. 09-0558 CHAD ASHLEY, CIVIL ACTION - LAW Defendant. DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the Pre-Trial Memorandum upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same by first class mail, addressed as follows: Justin C. Gearty, Esquire 204 Fairfax Drive Lancaster, PA 17609 Respectfully Submitted, FOREMAN & CARACIOLO, P.C. Date: Jennifer right, Leg Assistant to Foreman & Caraciol P.C. 112 Market Street, 6'h Floor Harrisburg, PA 17101 (717) 236-9391 -Telephone (717) 236-6602 - Facsimile 7, r TRACEY ASHLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHAD ASHLEY, Defendant NO. 09-558 CIVIL TERM ORDER OF COURT AND NOW, this 28 h day of December, 2011, upon consideration of Defendant's Petition To Modify Custody Order filed June 10, 2011, with respect to the parties' children, Eric G. Ashley (d.o.b. July 7, 2001) and Abby L. Ashley (June 24, 2005), and following a hearing held on November 7, 2011, which has not yet been completed, and the parties having failed to request a final day of hearing in time for the undersigned judge to accommodate the request before his retirement on December 31, 2011, and counsel having indicated that they are agreeable to the assignment of the case to another judge,' it is ordered and directed as follows: 1. This case is referred to the Court Administrator for purposes of assignment to another judge, who will schedule a further period of hearing; 2. The court stenographer is directed to transcribe and file the notes of testimony from the proceedings on November 7, 2011, for the benefit of the judge to whom the case is assigned; 3. The parties shall share equally the costs of the said transcript; 4. Pending further order of court, the interim order entered on November 9, 2011, shall remain in full force and effect. VINVAIASNN3d AINNO QNV1438w o co --Z bid BZ 330 I IR <1. ,-10NQH 08d 311.1 30 f3d0-G31I3 BY 701URT J esley Oler r., J. 1 See attached Letter from Joseph C. Gearty, Jr., Esq., received December 16, 2011. Bruce D. Foreman, Esq. 112 Market Street 60' Floor Veteran's Building Harrisburg, PA 17101 Attorney for Plaintiff ? Justin C. Gearty, Jr., Esq. 204 Fairfax Drive Lancaster, PA 17603 Attorney for Defendant Court Administrator ('Of- es ma "W ),;L',-411 AGV .'f JUSTIN C. GEARTY, JR Attorney at Law 204 Fairfax Drive, Lancaster, PA 17603 Phone: 717-490-6325 Fax: 717-685-3713 Email: justin.gearty@gmail.com Website: http://www.geartylawoff"ices.com December 14, 2011 Cumberiand County Court of Common Pleas Attn: Judge Wesley Oier, Jr. 1 Courthoise Square Carlisle, PA 17013 Re: Ashley v, Ashley, No. 09-558 Attention Judge Oler: On the 7 h day of November, 2011, a custody hearing was held in the above-mentioned in front of your honor. We were only scheduled for a half-day hearing at that time and we were unable to complete the hearing within that time. It is my understanding that due to your leaving office, you will not be able to hear the remainder of this case. I have spoken with opposing counsel, Bruce Foreman, Esquire, and he is agreeable to having this matter heard by another judge. Please have this matter scheduled for further hearing at the earliest convenient date. If anything further is needed, please feel free to contact me. Sincerely, t Justin C. Gearty Jr., Esquire Cc: Bruce Foreman, Esquire - Attorney for Tracey Ashley (Plaintiff) 112 Market Street, 6a' floor Veterans Building, Harrisburg, PA 17101 Cc: Court Administration Cc: Chad Ashley *c 16 2011 Stanley H. Mitchell, Esquire Pa., Supreme Court ID No. 32093 600 N. Second St., PO Box 425 Harrisburg, PA., 17108 (717) 233-3339 SHMitchell9(a comcast net TRACEY ASHLEY, Plaintiff COUNTY PENNSYLVANIA V CHAD ASHLEY, Defendant Lj F" 21111UN -7 P1112: I, `? ;UM BERL thin ,J"Uii? IPE14HSYLVAN1 k IN THE COURT OF COMMON PLEAS CUMBERLAND No. 2009-558 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE Kindly withdraw the appearance of Justin C. Gearty, Esquire, on behalf of Chad Ashley, the Defendant, in the above captioned action. Date: Justin C. Gearty, Esquire PA Supreme Court ID No 204 Fairfax Dr., Lancaster, PA 17603 PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Stanley H. Mitchell, Esquire on behalf of Chad Ashley, the Defendant in the above captioned action. Date: i v Stanley H. Mitchell, Esquire 600 N. Second St., Ste., 305 P.O. Box 425 Harrisburg, PA., 17108 Attorney for Defendant CERTIFICATE OF SERVICE I, Stanley H. Mitchell, Esquire, do hereby certify that a true and correct copy of the Praecipe To Withdraw Appearance/Enter Appearance in the above captioned matter was sent first class U.S. Mail, Postage Prepaid on this date, to the following: Justin C. Gearty, Esquire 204 Fairfax Dr., Lancaster, PA 17603 Date: 4-1c'? Stanley H. Mitchell, Esquire 600 N. Second St., P.O. Box 425 Harrisburg, PA., 17108 (717) 233-3339 Stanley H. Mitchell, Esquire 600 N. Second St., Ste., 402 PO Box 425 Harrisburg, PA., 17108 Pa., Atty., I.D. No. 32093 Tel.,: (717) 233-3339 SHMitche119(cDcomcast. net Attorney For Defendant "T JAd?4 23 A 110: 4.1 C"UH tJ pp ?E Rt_MIN, l? triJ:,'i? { t PENNSYLVANIA TRACEY ASHLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V CIVIL ACTION - LAW CHAD ASHLEY, No. 2009 - 558 CIVIL TERM Defendant IN CUSTODY PETITION FOR CONTINUATION OF HEARING AND NOW, comes Chad Ashley, by and through his attorney Stanley H. Mitchell, Esquire, who files the within Petition For Continuation Of Hearing, to wit: 1. The parties and their respective counsel convened for hearing before The Honorable J. Wesley Oler, Jr., Judge, Court of Common Pleas, on July 29, 2009 and November 7, 2011. 2. Defendant presented the testimony of a custody evaluator and part of his own testimony as part of his case in chief. 3. Plaintiff presented part of her testimony as part of her case in chief. 4. Both counsel had reserved the right to call the parties and additional witnesses in the instant matter for further testimony. 5. The record remains open. 6. The hearing was not completed. WHEREFORE, Defendant moves Your Honorable Court for continuation of the hearing associated with the above captioned matter. Respectfully submitted, Stanley H. Mitchell, Esquire 600 N. Second St., Ste., 402 PO Box 425 Harrisburg, PA., 17108 Tel., : (717) 233-3339 SH Mitchel 190)-comcast. net Attorney For Defendant Date: January 28, 2013 VERIFICATION I, CHAD ASHLEY, hereby verify that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. 4904, relating to unsworn falsification to authorities. Date: January 28, 2013 CHAD ASH[ tl"O CERTIFICATE OF SERVICE IN RE: ASHLEY v ASHLEY I hereby certify that I am this day serving the forgoing document by U.S. Mail, First Class, postage prepaid, upon the following: Date: January 28, 2013 Bruce D. Foreman, Esquire 112 Market St.,. 6th Fl., Harrisburg, PA 17101 Stanley H. Mitchell, Esquire TRACEY ASHLEY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHAD ASHLEY, DEFENDANT NO. 09-558 CIVIL IN RE: CONTINUATION OF CUSTODY HEARING ORDER OF COURT AND NOW, this 21" day of February, 2013, upon consideration of the Petition for Continuation of Hearing filed on behalf of Defendant in the above-captioned case, and it appearing that the Petition is pursuant to an Order of Court dated November 7, 2011, which requested counsel to contact the Court's secretary to schedule a further period of hearing in the case, a further period of hearing is scheduled for Monday, April 1, 2013, at 1:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Bruce D. Foreman, Esquire Attorney for Plaintiff L Stanley H. Mitchell, Esquire Attorney for Defendant -r; N Court Administrator S bas ?G ?a By the Court, In the Court of Common Pleas of j Cumberland County, Pennsylvania No. �1 - + Civil Term vs �'�Jr C. V1, S `t`CIO 'l r rr PRAECIPE 'Vrol -0 cnr-cn O CD `. I { _Z: , `�''� `� •� t:. l v �„(.st- "��.. (.:� � C{\ lea cQ -�-"' - �_ ..e.-L, . 20 Attorn ey Info: i �_.......,... 14 Attorney for Plaintiff.. 41 2 2 Pennsylvania Child Support Program https://www.humanservicest..state.pa.us/CSWS/Payor_controller.aspx?Vq... IN PA Child Support Program SS Amount Due Questions abort this page? as of Friday March 29,2013 Case ld: 244110507 taWd in As:Chad r Ashley Ashley,Tracey L.vs Ashley,Chad E. The Amount of your Support Order 01053 S 2008 is$660.00 Monthly, and the ordered on arrears is$66.00 Monthly.The o. rder effectlivlel date is Monday,January 10, 2011. The current account balance on your case as of Friday March 29,2013 is$660.00 You may mail additional payments to the following address: Pennsylvania SCDU P O Box 69110 Harrisburg,PA 17106-9110. •please be sure to include your Member/d:3404102060 OR SSN with the payment. Otherwise the processing of the payment may be delayed. Return to View Payment Information D 1 of 1 3/31/2013 5:36 PM Stanley H. Mitchell, Esquire 600 N. Second St., Ste., 305 PO Box 425 Harrisburg, PA., 17108 Pa., Atty., I.D. No. 32093 (717)233-3339 Attorney For Plaintiff TRACEY ASHLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V No. 09-558 CHAD ASHLEY, CIVIL ACTION - IN CUSTODY Defendant PARENTING PLAN OF DEFENDANT CHAD ASHLEY AND NOW, comes Defendant Chad Ashley by and through his attorney Stanley H. Mitchell, Esquire, who submits the within Parenting Plan, to wit: This Parenting Plan involves the following children: CHILD'S NAME AGE WHERE DOES THE CHILD LIVE? Eric Ashley 11 years With Plaintiff (dob 7/7/01) Abby Ashley 7 years With Plaintiff (dob 6/25/05) IF YOU HAVE CHILDREN NOT ADDRESSED BY THIS PARENTING PLAN, NAME HERE: LOGAN ASHLEY 9 years With Defendant (dob 2/23/04) LEGAL CUSTODY (Who makes decisions about certain things): DIET Both Parties Decide Plaintiff Defendant RELIGION Both Parties Decide Plaintiff Defendant MEDICAL CARE Both Parties Decide Plaintiff Defenga MENTAL HEALTH CARE Bo_th Parties Dec*dQ Plaintiff Defendant DISCIPLINE Both Parties Decide Plaintiff Defendant CHOICE OF SCHOOL Both Parties Decide Plaintiff Defendant ----------- CHOICE OF STUDY Both Parties Decide Plaintiff Defendant SCHOOL ACTIVITIES Both Parties Decide Plaintiff Defendant SPORTS ACTIVITIES Both Parties Decide Plaintiff Defendant ADDITONAL ITEMS Both Parties Decide Plaintiff Defendant EXPLAIN WHAT PROCESS YOU WILL USE TO MAKE DECISIONS? (For example, the parent confronted with or anticipating the choice will call the other parent when the choice presents itself, and the other parent must agree or disagree within 24 hours of any deadline) IN CONSULTATION WITH PLAINTIFF PHYSICAL CUSTODY (Where the child lives) The children's residence is with Defendant. Describe which days and times of the day the child will be with each person: Sunday Monday Tuesday Wednesday Thursday Friday Saturday A. UNDER DEFENDANT CHAD ASHLEY'S PROPOSED SCHEDULE OF CUSTODY, PLAINTIFF WOULD ENJOY PERIODS OF CUSTODY MONDAY a.m. UNTIL THURSDAY a.m. AS WELL AS ONE WEEKEND PER MONTH. B. IN THE EVENT THE COURT WOULD NOT AGREE WITH DEFENDANT'S PROPOSAL, DEFENDANT SEEKS OVERNIGHT CUSTODY EACH WEDNESDAY AND AN ADDITIONAL WEEKEND PER MONTH. Describe where and when the child will be dropped off and or picked up (day and time of day)? Drop Off Where MUTUALLY AGREED UPON LOCATION When Pick Up Where When If one of you does not show up, how long will the other wait? ONE HALF HOUR WAIT If there are any extraordinary costs (taxi, train, airplane, etc.,)who will pay for which costs? THE PARTY RESPONSIBLE FOR SUCH COST Holidays Where will the child/children stay? HOLIDAYS YEAR A YEAR B EVERY YEAR Martin Luther King Day President's Day Easter Memorial Day Fourth of July Labor Day Yom Kippur Rosh Hashanah Thanksgiving Vacation After Thanksgiving Christmas Vacation CHRISTMAS EVE WITH PLAINTIFF UNTIL 10 p.m., CHILDREN WITH DEFENDANT UNTIL CHRISTMAS DAY AT I p.m.; PLAINTIFF ENJOYS CUSTODY FROM I p.m. CHRISTMAS DAY UNTIL DECEMBER 30. Kwanzaa New Year's Day Spring Vacation Child's Birthday Mother's Day WITH MOM Father's Day WITH DAD Other Summer Vacation Plans: WEEK ON,WEEK OFF; EACH PARENT WOULD ENJOY TWO WEEKS UNINTERRUPTED CUSTODY. Special Activities or School Activities: BOTH SHOULD ATTEND Will both of you attend? PLAINTIFF WOULD BE PROVIDED NOTICE AND WOULD BE WELCOME TO ATTEND ALL SCHOOL EVENTS Child's Name Activity If not, which of you will attend? Temporary Changes To This Parenting Schedule From time to time, one of you might want or need to rearrange the parenting time schedule due to work, family or other events. You can attempt to agree on these changes. If you cannot agree, the parent receiving the request will make the final decision. The parent asking for the change will ask in person by letter/E-mail , and or by phone. No later than 12 hours 24 hours 1 week one Month The parent being asked for a change will reply in person by letter/E-mail . or by phone No later than 12 hours 24 hours 1 week When and how may the non-custodial parent contact the child? Telephone, EMAIL, TEXT In the event that proposed changes, disputes or alleged breaches of this parenting plan and custody order are necessary or desired, the parties agree that such changes will be addressed by the following method (specify method of arbitration, mediation, court action, etc.,) TALK TO EACH OTHERICOURT AS LAST RESORT The following matter or matters as specified by the court: Other(Anything else you want to agree on) DATE: 7I22,113 d"J CHAD E. ASHLEY DATE: Witness TRACEY ASHLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V No. 09-558 CIVIL TERM CHAD ASHLEY, IN CUSTODY Defendant CRIMINAL RECORD/ABUSE HISTORY AFFIDAVIT 1, CHAD ASHLEY, hereby swear or affirm, subject to penalties of law including 18 Pa., C.S. 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I NOR ANY MEMBER OF MY HOUSEHOLD have been convicted. Wed guilty or Wed no contest to any of the fbillowina crimes in Pennsylvania or in any other Check all that apply Cfirne Self Other Household Name Date of Sentence Member Conviction Contempt/Violation Protection From Abuse Order/Agreement DUI/Alcohol/Controlled Substance PWI Criminal Homicide/ Murder Aggravated Assault Terroristic Threats Stalking Kidnapping Unlawful Restraint False Imprisonment Luring a Child into A motor vehicle/structure Rape, Statutory sexual Assault, Involuntary deviate Sexual intercourse, sexual Assault, Aggravated Indecent Assault, Indecent Assault, Indecent Exposure, Sexual Exploitation of Children, Sexual intercourse with an Animal or incest Sex offender non-compliance With registration requirements, Statute, court order, probation, Or parole, or other Requirements under 18 PA., C.S. A. 3130 and 42 Pa. C.S. 9795.2 Arson and related offenses Concealing death of a child Endangering the welfare of A child Trading, bartering, buying, Selling or dealing in infant Children _ Prostitution and related Offenses _ Obscene and other sexual Materials and performances Corruption of minors or Unlawful contact with a minor 2. Unless indicated by my checking the space next to a crime below, neither I nor any member of my household have a present and or past history of violent or abusive conduct, except as listed below: M Finding of Abuse by a Children &Youth Agency Or similar agency in Pennsylvania or similar Statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act In Pennsylvania or similar statute in another jurisdiction Please list any evaluations, counseling or other treatment received following conviction: If any conviction above applies to a household member, not a party, state that person's relationship to the child(ren). Signature �1a4 I Printed Name TRACEY ASHLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 09-558 CHAD ASHLEY, Defendant : IN CUSTODY IN RE: PETITION TO MODIFY CUSTODY ORDER OF COURT AND NOW, this 1st day of April, 2013, upon consideration of Defendant ' s Petition To Modify Custody Order Filed June 10, 2011, with respect to the parties ' children, Eric G. Ashley (d.o.b. July 7, 2001) and Abby Ashley (d. o. b. June 24 , 2005) and following a further period of hearing held on this date which has not yet been completed, the record shall remain open and counsel are requested to contact the Court ' s secretary for purposes of scheduling a further day of hearing. It is noted that at the time of adjournment on today' s date Defendant had presented the testimony of a custody evaluator and the balance of his own testimony in his case-in-chief and Plaintiff had presented part of her own testimony in her case-in-chief. At the time of adjournment, Defendant ' s Exhibits 7, 1, 2, 3, 8, 9, 10, 11, 12, and 13 had been identified and admitted and Plaintiff ' s Exhibits 1 and 2 had been identified and admitted. No other exhibits had been identified or admitted. Both counsel have requested that the stenographer transcribe and file the notes of testimony from today' s proceeding. By the Court, J. 6-lesley 0 r, Jr. J. / Stanley H. Mitchell, Esquire For the Plaintiff Bruce D. Foreman, Esquire For the Defendant C) : ml c / Ata:la 57Jul/ m • c-n rr c- ' TRACEY ASHLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW CHAD ASHLEY, Defendant NO. 09-558 CIVIL TERM IN RE: PETITION TO MODIFY CUSTODY ORDER OF COURT AND NOW, this 23rd day of April, 3013, upon consideration of the attached letter from Stanley H. Mitchell, Esq., attorney for Plaintiff, an additional day of hearing in the above matter is scheduled for Wednesday, July 24, 2013, at 9 :30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, p J. esley O Jr., S.J. Manley H. Mitchell, Esq. 600 N. Second Street Suite 402 P.O. Box 425 6eC> Harrisburg, PA 17108 �3 Attorney for Plaintiff J �� ./Bruce D. Foreman, Esq. oa Veterans' Building 112 Market Street , , 6d'Floor Harrisburg, PA 17101-2015 ? Attorney for Defendant r w :rcf - -r, TRACEY ASHLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION CHAD ASHLEY, Defendant NO. 09-558 CIVIL TERM IN RE: PLAINTIFF'S PRAECI]PE AND NOW, this 9h day of May, 2013, upon consideration of a"Praecipe' filed on behalf of Plaintiff on April 13, 2013, directing the Prothonotary to supplement the evidentiary record with certain documents attached to the praecipe, and following a telephone conference on this date in which Plaintiff was represented by Stanley H. Mitchell, Esq., and Defendant was represented by Bruce D. Foreman, Esq., and it appearing that neither the court nor Defendant's counsel had agreed to a supplementation of the evidentiary record in this manner, the praecipe is stricken. BY THE COURT, sley Ole r., 5.7.Stanley H. Mitchell, Esq. r • Suite 402 600 N. Second Street P.O. Box 425 C= Harrisburg, PA 17108 f-J Attorney for Plaintiff Z6 C) 4 �Bruce D. Foreman, Esq. CZ) -0 CD-n C-) 6'Floor :ZC:D �� C-' ) Veterans' Building C r1l 112 Market Street Harrisburg, PA 17101-2015 Attorney for Defendant (20 1-E.T fl&v tck S 911.3 %I-f� TRACEY ASHLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-558 CIVIL TERM CHAD ASHLEY, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 24th day of July, 2013 , upon consideration of Defendant ' s Petition To Modify Custody Order filed June 10 , 2011, with respect to the parties ' children, Eric G. Ashley (date of birth July 7, 2001) and Abby L. Ashley (date of birth June 24 , 2005) , and following a hearing held over the course of several days, the record is declared closed, and the matter is taken under advisement . By the Court, J. esley O e J S .J. , /Bruce D. Foreman, Esquire Attorney for Plaintiff Stanley H. Mitchell, Esquire Attorney for Defendant C) e rn C= srs �- , -.,' N TRACEY ASHLEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHAD ASHLEY, DEFENDANT NO. 09-558 CIVIL IN RE: DEFENDANT'S PETITION TO MODIFY CUSTODY ORDER ORDER OF COURT AND NOW, this 25th day of July, 2013, upon consideration of the Defendant's Petition to Modify Custody Order filed June 10, 2011, with respect to the parties' children, Eric G. Ashley, (dob: July 7, 2001) and Abby L. Ashley, (dob: June 24, 2005), and following a hearing held over the course of several days, the most recent of which was on July 24, 2013, the interim Order of Court dated November 9, 2011, is entered as a final Order. By the Court, J. s� cs ey Oler, J `/Bruce D ,Foreman, Esquire 6th Floor 112 Market Street Harrisburg, PA 17101 Attorney for Plaintiff moz) cam,...-' `''--= Manley H. Mitchell, Esquire N + Suite 402 , cn °, } 600 North Second Street c a ' P. O. Box 425 ID =`-' U (--I f Harrisburg, PA 17108 y Attorney for Defendant bas