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Home My WebLink About09-4981i MARGARET J. JONES, Plaintiff VS. MICHAEL R. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOOK 4/98/Civil CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so,, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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 CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE,. CARLISLE, PENNSYLVANIA 17013. IF YOU DO NOT WISH TO 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 249-3166 MARGARET J. JONES, Plaintiff VS. MICHAEL R. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Civil CIVIL ACTION - LAW IN DIVORCE NOTICIA Le han demandado a usted en la corte. Si usted Quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene que tomar action pronto. Sea avisado que si usted no se defiende, la corte tomara medidas y un decreto en divorcio o anulacion puede ser entrado contract used por la torte. Una orden contra useted tambien puede ser entrada por calquier queja o alivio que is pedido en la peticion de demanda.. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted, inclusivamente custodia o derecho a visitar sus hijos. Quando el fundamente para el divorcie es indignidades o el ropimiento del matrimonio, usted puede pedir aconsejo sobre su matrimonio. Una lista de consijeros es disponible en la oficina del Protonotario en el CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013. Si usted no archiva en la torte enforma esc:rita su demanda para assistencia de divorcio, division de propiedad, honorarios o costas para su abogado antes que la torte entre una orden en divorcio o anulacion, usted puede perder su derecho a damandar cualquiera de esto. Lleve esta demanda a un abogado o si no tiene el dinero suficiente de pagar tal servico, vaya en persona o llame por telefono a la oficina cuya direction se encuentra estcrita abajo para averiguar donde se puede consequir asistencia legal. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 249-3166 Lori K. Serratelli, Esquire Pa. Supreme Court ID No. 27426 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff MARGARET J. JONES, Plaintiff VS. MICHAEL R. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. dg' q gi1Civil CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, by Lori K. Serratelli, Esquire and the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: COUNT I DIVORCE 1. Plaintiff is Margaret J. Jones, who currently resides at 6519 Windmere Road, Harrisburg, Dauphin County, Pennsylvania 17111 since July 21, 2009. 2. Defendant is Michael R. Jones, who currently resides at 33 Brentwood Road, Camp Hill, Cumberland County, Pennsylvania 17011 since 2004. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 31, 2005, in Cumberland County, Pennsylvania. 5. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United States. 10. Plaintiff avers that there is one child of the parties under the age of 18, namely Elizabeth Mae Jones, born August 3, 2007. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II INDIGNITIES 11. Paragraphs one through ten are hereby incorporated by reference herein. 12. The Plaintiff avers as the grounds on which this action is based is that the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. 13. This action in divorce is not collusive. WHEREFORE, the Plaintiff prays Your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT III FAULT 14. Paragraphs one through ten are hereby incorporated by reference herein. 15. The Plaintiff avers as the grounds on which this action is based is that the Defendant has committed adultery and Plaintiff has been an innocent and injured spouse. WHEREFORE, the Plaintiff prays Your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT IV ALIMONY 16. Paragraphs one through ten are hereby incorporated by reference herein. 17. Plaintiff is unable to adequately support herself through appropriate employment. 18. Plaintiff lacks sufficient property, including but not limited to, any property distributed pursuant to 'the Divorce Code of 1980, as amended, to provide for her reasonable needs. WHEREFORE, Plaintiff prays that Your Honorable Court grant an Order upon Defendant: (a) Compelling the Defendant to pay alimony to Plaintiff; COUNT V ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 19. Paragraphs one through ten are hereby incorporated by reference herein. 20. That by reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs. 21. That the Plaintiff's income is disproportionately lower than Defendant's income, and Plaintiff is without adequate funds to pay the costs and expenses of this litigation, and is, likewise, without adequate funds to maintain herself during the pendency of the litigation. 22. The Defendant is employed by Thrivent Financial and earns approximately $55,000 annually. 23. The Plaintiff is employed by Harrisburg School District and earns approximately $1,050 net bi-weekly. WHEREFORE, Plaintiff prays that Your Honorable Court grant an Order upon Defendant to pay Plaintiff alimony pendente lite and counsel fees and costs of litigation. r•nrn.Tm Trr CUSTODY 24. Paragraphs one through ten are hereby incorporated by reference herein. 25. Plaintiff believes that the best interest of the parties' child, Elizabeth Mae Jones, will best be served by confirming primary physical custody of the child with the Plaintiff and shared legal custody with Plaintiff and Defendant. 26. The child presently resides with the Plaintiff, Elizabeth and Scott Anthony (Plaintiff's sister and brother-in- law), Jordan, Sara, Megan and Scott Anthony, Jr. (Plaintiff's nieces and nephew), at 6519 Windmere Road, Harrisburg, Dauphin County, Pennsylvania. WHEREFORE, Plaintiff respectfully requests that primary physical custody and shared legal custody of the child be confirmed with the Plaintiff. nnrTATm TTrr EQUITABLE DISTRIBUTION 27. Paragraphs one through ten are hereby incorporated by reference herein. 28. Plaintiff states that Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by the court. 29. Plaintiff requests that this court grant equitable distribution. WHEREFORE, Plaintiff prays that Your Honorable Court: (a) Equitably distribute all property, personal and real owned by the parties; (b) Grant such further relief as the Court may deem equitable and just. Respectfully submitted, n ', o n K. Serratelli,K?Es uire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 171:10 (717) 540-9170 ATTORNEY FOR PLAINTIFF . , . VERIFICATION I verify that the statement made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ?oc -i argaret Jor • ??RY 2099 JUL 22 Phi 4: 1 1 3-W- Se- .,o d - 4 era. oo ,? ?? 0 7g -OD `` .3 too;-?? ----------------------- 4 k- 4TS -S ,60 - ?? ?;-- 337 --1- as 33 9 Lori K. Serratelli, Esquire Pa. Supreme Court ID No. 27426 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff MARGARET J. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA i, vs. NO. L,'/ CIVIL ACTION - LAW MICHAEL R. JONES, Defendant CUSTODY CUSTODY COMPLAINT TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. The Plaintiff is Margaret J. Jones, who currently resides at 6519 Windmere Road, Harrisburg, Dauphin County, Pennsvlvania 17111. 2. The Defendant is Michael R. Jones, who currently resides at 33 Brentwood Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks primary physical custody and shared legal custody of the parties' one (1) minor child, Elizabeth Mae Jones, born August 3, 2007. 4. The child was not born out of wedlock. 5. The child is currently in the custody of the Plaintiff who resides at 6519 Wi_ndmere Road, Harrisburg, Dauphin County, Pennsylvania. 6. Since birth, the child has resided with the following persons and at the following addresses: Persons Address Dates Margaret J. Jones 6519 Windmere Road July 21, 2009 Elizabeth Anthony Harrisburg, PA to Present Scott Anthony Jordan Anthony Sara Anthony Megan Anthony Scott Anthony, Jr. Margaret J. Jones 33 Brentwood Road August 3, 2007 Michael R. Jones Camp Hill, PA - July 21, 2009 7. The father of the child is Michael R. Jones, who currently resides at 33 Brentwood Road, Camp Hill, Cumberland ounty, Pennsylvania. 8. The relationship of Plaintiff Margaret J. Jones to the child is that of mother. The Plaintiff currently resides with the child, Elizabeth and Scott Anthony (Plaintiff's sister and brother-in-law), Jordan, Sara, Megan, and Scott Anthony, Jr. (Plaintiff's nieces and nephew). 9. The relationship of Defendant to the child is that of father. The Defendant currently resides alone. 10. Plaintiff has not participated as a party, witness, or otherwise in litigation concerning the custody of the said child. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interests and permanent welfare of the child will be served by granting the relief requested because the Plaintiff has been the primary caretaker of the child since birth. 14. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff respectfully prays that Your Honorable Court award primary physical custody and shared legal custody of the child to the Plaintiff. Respectfully submitted, ' g, .X.(./1at,C.b. #Cc.G? lkalu on K. Serratelli, Es uire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717)540-9170 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. :section 4904, relating to unsworn falsification to authorities. Date: 'Zlaret OF THEPJ "T.-ONCTAPY 2009 JUL 22 Pri 41: 15 a MARGARET J. JONES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-4981 CIVIL ACTION LAW MICHAEL R. JONES DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 29, 2009_ , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County_Courthouse, Carlisle on Friday, August All, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE, COURT, By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 2 0 0 9 JJL 29 PJ!"! 3: 1 s; 015, r if MARGARET J. JONES, Plaintiff vs. MICHAEL R. JONES, Defendant AFFIDAVIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4981 Civil CIVIL ACTION - LAW IN DIVORCE/CUSTODY OF SERVICE I, Lori K. Serratelli, Esquire, being duly sworn according to law, depose and say that I served the Divorce Complaint and Custody Complaint in the above-captioned matter, by depositing them in the United States mail, Certified Mail, Restricted Delivery, Return Receipt Requested, addressed as follows: Michelle R. Jones 33 Brentwood Road Camp Hill, PA 17011 The return receipt card is attached hereto. 7 ?a ' F_ I '0 Dated: ( Adh?lm"_AL'aj Lori K. Serratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110-9483 (717) 540-9170 Attorney for Plaintiff r. ' ¦ Complete items 1, 2, and 3. Also complete Item 4 If ResVlcW Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: ? Agent ?JVRecelved by (Pdnt2ffi1IW%) QgO)Date of Deilvery 6 ()! D. Is delivery address dMerent from Item 1? ? Yes If YES, enter delivery address below: 61; 3. type Ca lfled Mail ? Egress Mail ? Registered ? Return Reoelpt for Mere errdlae ? insured Mail ? C.O.D. 2. Article Number ' (Hensler fiom service rabep 7007 0 710 0000 4886 6370 PS Form 3811, tibnWY 2004 Dm 11c FWAI Receipt teams.al-W1540 ??r ?"fC 1' ?t [ 20 D9 JUL 30 P i 2: V? `Iti 1 k 9 1 rr ` r i' AUG ? 5 2009 MARGARET J. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW MICHAEL R. JONES, NO. 2009-4981 Defendant IN CUSTODY COURT ORDER AND NOW, this _ day of August, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the following TEMPORARY Custody Order is issued: 1. The mother, Margaret J. Jones, and the father, Michael R. Jones, shall enjoy shared legal custody of Elizabeth Mae Jones, born August 3, 2007. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: A. From Friday at 4:30 p.m. until Monday morning when father shall deliver the child to his mother's home for daycare unless arranged otherwise by the parties. B. On Wednesday evening of each week from 4:00 p.m. until 9:00 p.m. 4. The Thanksgiving holiday shall be handled with the father having custody from 11:00 a.m. until 4:00 p.m. with the mother having the remainder of the day. 5. Legal counsel for th parties shall have a telephone conference with the Conciliator on December 3, 2009 at 8:00 a.m. At this conference, there shall be a discussion with respect to whether a permanent custody order may be entered. If there is not an f agreement and a hearing is required, each party reserves the right to modify their position with respect to custody and seek a custody order different than the temporary order set forth above. 6. This order is entered pursuant to an agreement reached by the parties. The parties may modify this order as they agree. Absent an agreement, the order set forth above shall control. 7. The parents shall go to a parenting counselor with the costs to be shared. The counselor shall be agreed upon by legal counsel for the parties. cc: L n .K. Serratelli, Esquire ?James W. Abraham, Esquire lA Its /YQ-a1 am nP t , 24 1 MARGARET J. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW MICHAEL R. JONES, NO. 2009-4981 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Elizabeth Mae Jones, born August 3, 2007. 2. A Conciliation Conference was held on August 21, 2009, with the following individuals in attendance: The mother, Margaret J. Jones, who appeared with her counsel, Lori K. Serratelli, Esquire, and the father, Michael R. Jones, who appeared with his counsel, James W. Abraham, Esquire. 3. The parties agree to the entry of an Order in the form as attached. i Date: August 2S , 2009 1-4?k Hubert X. ilroy, Esquire Custody onciliator ?l. ] i SEP 212009 MARGARET J. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW MICHAEL R. JONES, NO. 2009-4981 Defendant IN CUSTODY COURT ORDER AND NOW, this day of September, 2009, this Court's prior Order of August 26, 2009 in the above matter is modified such that it is noted that father's temporary custody pursuant to paragraph 3.A of the Order shall be on alternating weekends. cc: v ri K. Serratelli Esquire James W. Abraham, Esquire Hopi Fs m.? ? l4cl? 4?az?oq RV T14F COT TRT ? r MARGARET J. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW MICHAEL R. JONES, NO. 2009-4981 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The prior Order submitted to the Court in this matter by the Custody Conciliator inadvertently failed to specify that father's periods of time would be "alternating" weekends. The Conciliator recommends an Order in the form as attached. Date: September t U , 2009 Hubert X. roy, Esquire Custody onciliator r OF THE R", 2 0 0 9 SE- P 22 AM l i : 3 1 MARGARET J. JONES, Plaintiff vs. MICHAEL R. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4981 Civil CIVIL ACTION - LAW IN DIVORCE/CUSTODY N c, v a, 'rt s 1 ~J ri N .. to AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE CODE (1) A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 22, 2009. (2) The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. (3) I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree. (4) I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, if I do not claim them before a divorce is granted. (5) I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATED \ Bare Jones MARGARET J. JONES, Plaintiff VS. MICHAEL R. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4981 CIVIL CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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 CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013. IF YOU DO NOT WISH TO 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 'cam TELEPHONE: 249-3166 _ ?7. Mn, MARGARET J. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-4981-CIVIL MICHAEL R. JONES, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICIA Le han demandado a usted en la corte. Si usted Quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene que tomar accion pronto. Sea avisado que si usted no se defiende, la corte tomara medidas y un decreto en divorcio o anulacion puede ser entrado contract used por la corte. Una orden contra useted tambien puede ser entrada por calquier queja o alivio que is pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted, inclusivamente custodia o derecho a visitar sus hijos. Quando el fundamente para el divorcie es indignidades o el ropimiento del matrimonio, usted puede pedir aconsejo sobre su matrimonio. Una lista de consijeros es disponible en la oficina del Protonotario en el CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013. Si usted no archiva en la corte enforma escrita su demanda para assistencia de divorcio, division de propiedad, honorarios o costas para su abogado antes que la corte entre una orden en divorcio o anulacion, usted puede perder su derecho a damandar cualquiera de esto. Lleve esta demanda a un abogado o si no tiene el dinero suficiente de pagar tal servico, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra estcrita abajo para averiguar donde se puede consequir asistencia legal. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 249-3166 Lori K. Serratelli, Esquire Pa. Supreme Court ID No. 27426 Serratelli, Schiffman & Brown, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff MARGARET J. JONES, Plaintiff vs. MICHAEL R. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4981 CIVIL CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, by Lori K. Serratelli, Esquire and the law firm of SERRATELLI, SCHIFFMAN & BROWN, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: COUNT I DIVORCE 1. Plaintiff is Margaret J. Jones, who currently resides at 707 Stagg Court, Hummelstown, Dauphin County, Pennsylvania 17111 since March 2011. 2. Defendant is Michael R. Jones, who currently resides at 33 Brentwood Road, Camp Hill, Cumberland County, Pennsylvania 17011 since 2004. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 31, 2005, in Cumberland County, Pennsylvania. 5. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The parties to this action separated on or about July 21, 2009 and have continued to live separate and apart. 9. The Defendant is not a member of the Armed Services of the United States or any of its allies. 10. The Plaintiff and Defendant are both citizens of the United States. 11. Plaintiff avers that there is one child of the parties under the age of 18, namely Elizabeth Mae Jones, born August 3, 2007. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce under §3301(d) from the bonds of matrimony. COUNT II INDIGNITIES 12. Paragraphs one through eleven are hereby incorporated by reference herein. 13. The Plaintiff avers as the grounds on which this action is based is that the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. 14. This action in divorce is not collusive. WHEREFORE, the Plaintiff prays Your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT III FAULT 15. Paragraphs one through eleven are hereby incorporated by reference herein. 16. The Plaintiff avers as the grounds on which this action is based is that the Defendant has committed adultery and Plaintiff has been an innocent and injured spouse. WHEREFORE, the Plaintiff prays Your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT IV ALIMONY 17. Paragraphs one through eleven are hereby incorporated by reference herein. 18. Plaintiff is unable to adequately support herself through appropriate employment. 19. Plaintiff lacks sufficient property, including but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for her reasonable needs. WHEREFORE, Plaintiff prays that Your Honorable Court grant an Order upon Defendant: (a) Compelling the Defendant to pay alimony to Plaintiff; COUNT V ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 20. Paragraphs one through eleven are hereby incorporated by reference herein. 21. That by reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs. 22. That the Plaintiff's income is disproportionately lower than Defendant's income, and Plaintiff is without adequate funds to pay the costs and expenses of this litigation, and is, likewise, without adequate funds to maintain herself during the pendency of the litigation. 23. The Defendant is employed by Thrivent Financial and earns approximately $55,000 annually. 24. The Plaintiff is employed by Harrisburg School District and earns approximately $1,050 net bi-weekly. WHEREFORE, Plaintiff prays that Your Honorable Court grant an Order upon Defendant to pay Plaintiff alimony pendente lite and counsel fees and costs of litigation. COUNT VI CUSTODY 25. Paragraphs one through eleven are hereby incorporated by reference herein. 26. Plaintiff believes that the best interest of the parties' child, Elizabeth Mae Jones, will best be served by confirming primary physical custody of the child with the Plaintiff and shared legal custody with Plaintiff and Defendant. 27. The child presently resides with the Plaintiff, Elizabeth and Scott Anthony (Plaintiff's sister and brother-in- law), Jordan, Sara, Megan and Scott Anthony, Jr. (Plaintiff's nieces and nephew), at 6519 Windmere Road, Harrisburg, Dauphin County, Pennsylvania. WHEREFORE, Plaintiff respectfully requests that primary physical custody and shared legal custody of the child be confirmed with the Plaintiff. COUNT VII EQUITABLE DISTRIBUTION 28. Paragraphs one through eleven are hereby incorporated by reference herein. 29. Plaintiff states that Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by the court. 30. Plaintiff requests that this court grant equitable distribution. WHEREFORE, Plaintiff prays that Your Honorable Court: (a) Equitably distribute all property, personal and real owned by the parties; (b) Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Lor //K. .Serratelli, Esquire SER TELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 ATTORNEY FOR PLAINTIFF VERIFICATION I, Lori K. Serratelli, Esquire, attorney for the Plaintiff, have personal knowledge of the facts contained in the foregoing and therefore do verify that the information contained therein is true and correct to the best of my knowledge, information and belief. Lori K. rr telli, Esquire MARGARET J. JONES, Plaintiff VS. MICHAEL R. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4981 Civil CIVIL ACTION - LAW IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter affidavit within twenty (20) days after this affidavit has been served on you or the Q statements will be admitted. g M 70 ?y ri- PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(D) = -4 rr;. OF THE DIVORCE CODE _ ,.. 1. The parties to this action separated on or about--.-. _ July 21, 2009 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning spousal support, alimony, division of marital property, attorney's fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated, I o argaret J MARGARET J. JONES, Plaintiff VS. MICHAEL R.. JONES, Defendants E J r.: f r„tF a"'?P a„1 t 0) ERLAili a jOj'l LY A 'Pfj PRAECIPE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4981 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Please enter my appearance in the above matter for the Defendant Michael R. Jones. Date: 4 410 V ZO 1 l Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 Lori K. Serratelli, Esquire Pa. Supreme Court ID No. 27426 Serratelli, Schiffman & Brown, PC 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 cboyanowski@ssbc-law.com Attorney For Plaintiff _ ?E PRO' H TAFFY ZGl1 DEC 28 PM 1.36 CUMBERLAND COUNTY PENNS YLVANIA MARGARET J. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-4981 CIVIL MICHAEL R. JONES, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Complaint was served by certified mail 07/24/09. The Amended Complaint was served by certified mail 10/31/11 (See Exhibit 3. a. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff N/A by Defendant N/A b. (1) Date of execution of the affidavit required by §3301(d) of theiDivorce Code: 10/04/11; (2) Date of filing and service of the Plaintiff's affidavit upon the Defendant: Filed 10/21/11; Served 10/31/11 (See Exhibit "A") . 4. Related claims pending: No claims remain. 5. a. Date plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: N/A ; Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: N/A b. Date and manner of service of the Notice of Intention to file praecipe a copy of which is attached: Certified mail, November 28, 2011 (See Exhibit "B"). Dated: 6q(17//j Lor .GSerratelli, Esquire SER LTELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 Fax lserratelli@ssbc-law.com Attorney for Plaintiff 1 I I 1 1 1 1 I 1 i I ?i ? ? ¦ Complete items 1, 2i and 3. Also complete item 4 If Restricted C?e Ivery is desired. ¦ Print your name and `iaddrsss on the reverse so that we can returrh the card to you. ¦ Attach this card to the back of the malipiece, or on the front If space permits. 1. Article Addressed to: Y`n ? ctiw.e? bZ . ?e-S ?,,,,,? ?}., ?\ pct ?? ? ? X ? Agent ? Addressee ived b (prfnted ) Date of gelivery Is delivery address different from item 1? IJ yd: If YES, enter delivery address below: 1wNo 3. Type Certified Mau 0 Express Mail ? Registered ? Retum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7010 1060 0000 4038 7098 (Transfer irom vm sewke /a"# r PS Form 3811, February 2004 Domestic Retum Receipt 102596424AF160 01(d) Service of Amended I Comp taint in Divorce Under Section 330 ) Aand ffidavit of the Divorce Code, and Notice to the Defendant/Plaintiff's Under Section 3301(d) of the Divorce Code I' ¦ Conip-W Oms. t', 2tand-& Also con pWo Item 4 ( Restricted Delivery is desired. ¦ Print your name and address on the reverse o that we can return the card to you. Attach this card to the back of the mail' piece, r on the front if space permits. 1.7Aticle Addressed to: cLJtc?r v \V1?` L ?'rr ?c1Car,?? ? U % r e. Sa S NO441 'Tiuu t r Mce? A0 Nx I6 P ?- e-11, a y r, C- Pit ! ?d43 ?? ?Addreseee DeNmy ) 11e2 D. Is delivery address different from item 17 ? Yes If YES, enter delivery address below: ? No 3. Type Mail ? Express Mail O Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7 010 1060 0000 4038 7104 (transfer from swvte lanes PS Form 3811, February 2004 Dommft Return Receipt 102595.024A-1540 Lori K. Serratelli, Esquire Pa. Supreme Court ID No. 27426 Serratelli, Schiffman & Brown, PC 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff MARGARET J. JONES, - Plaintiff V MICHAEL R. JONES, - Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4981 CIVIL CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE TO: Michael R. Jones, Defendant Margaret J. Jones, Plaintiff, intends to file with the court the attached Praecipe to Transmit Record on or after December 12, 2011 requesting that a final decree in divorce be entered. Lor' K. Serratelli, Esquire Attorney for Plaintiff Lori K. Serratelli, Esquire Pa. Supreme Court ID No. 27426 Serratelli, Schiffman & Brown, PC 2080 Linglestown Road Suite 201 :Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 cboyanowski@ssbc-law.com Attorney For Plaintiff MARGARET J. JONES, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4981 CIVIL MICHAEL R. JONES, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Complaint was served by certified mail 07/24/09. The Amended Complaint was served by certified mail 10/31/11. 3. a. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff N/A by Defendant N/A b. (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: 10/04/11; (2) Date of filing and service of the Plaintiff's affidavit upon the Defendant: Filed 10/21/11; Served 10/31/11_. 4. Related claims pending: No claims remain. 5. a. Date plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: N/A ; Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: N/A b. Date and manner of service of the Notice of Intention to file Praecipe a copy of which is attached: Certified mail Dated:2 2011. Lo i Serratelli, Esquire SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 Fax lserratelliCssbc-law.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET J. JONES, Plaintiff V. MICHAEL R. JONES, NO. 09-4981 CIVIL TERM Defendant DIVORCE DECREE AND NOW, zz? -/1 , it is ordered and decreed that Margaret T- TnnPC , plaintiff, and Michael R. Jones , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By the Court, Attest: _ ,?. la?a9?1? Copy Ma jwl %rratp i &p y 4 IVofiee ryzu led 40 a-Cy t} .Ji r f f'... P O I HON=G TAs°'i. Lori K. Serratelli, Esquire Pa. Supreme Court ID No. 27426 2G13 NOV "I AM 10: f 5 Serratelli, Schiffman & Brown, P.C. CUMBERLAND COUNTY 2080 Linglestown Road PENNSYLVANIA Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff MARGARET J.JONES, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. • NO. 2009-4981 • CIVIL ACTION - LAW MICHAEL R.JONES, • Defendant CUSTODY PETITION TO MODIFY CUSTODY AND NOW COMES, Plaintiff, Margaret J. Jones, by and through her attorney, Lori K. Serratelli, Esquire and the law firm of Serratelli, Schiffman and Brown, PC, who files this Petition to Modify Custody and avers as follows: 1. The Plaintiff is Margaret J. Jones, who currently resides at 707 Stag Court, Hummelstown, Dauphin County, Pennsylvania 17036. 2. The Defendant is Michael R. Jones, who currently resides at 33 Brentwood Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The subject minor child is Elizabeth Mae Jones, born August 3, 2007. She is known by the name Livvie. 4. On July 29, 2009, Plaintiff filed a Custody Complaint. 5. On August 21, 2009, a Conciliation Conference was held before Hubert X. Gilroy. 83- 00/1 e ,2 9 c/ � q7 /9 6. On August 26, 2009, a Temporary Custody Order was issued pursuant to the agreement of the parties at the August 21, 2009 Conciliation Conference awarding father alternating weekend from Friday through Monday and Wednesday evening from 4p.m to 9 p.m. 7. On September 22, 2009, a Court Order was issued modifying the Court's Order of August 26, 2009 to note that Father's temporary custody pursuant to Paragraph 3.A of the Order shall be on alternating weekends. Since then Mother had allowed Father to retain custody Wednesday evening overnight until Thursday morning. 8. Over the past few years and especially since the subject child who is now six years old and in school, severe problems have arisen evidenced by the child's emotional state upon going to and returning from her father's custodial care. Specifically, Livvie has become very emotional in her Father's care to the point she is inconsolable and Father has called Mother to pick her up. Mother has heard and witnessed Father crying in front of the child, blaming Mother for the break up of the family and chastising Livvie for not loving him as much as she loves her Mother. 9. Father continues to exhibit signs of severe emotional instability and immaturity in terms of his ability to parent his daughter. 10. Mother requests that Father submit immediately at his own cost to a psychiatric evaluation of his mental stability and to a custody evaluation for the purpose of a recommendation as to what contact and custodial schedule for Father is in the child's best interest at this time. 11. Father is in need of parenting classes and should attend the ParentWorks program in Cumberland County at his own cost. 12. I have attached Plaintiff's Criminal Record/Abuse History Verification form required by Pa.R.C.P. No. 1915.3-1. WHEREFORE, Plaintiff prays that the court suspend overnight visitation on Sunday evening of Defendant's custodial weekend, limit the weekend to Saturday morning through Sunday evening and confirm the Wednesday evening custodial time to enforce the current Order of 4:00 pm to 9:00 p.m.; that Father be ordered to attend at his own cost the ParentWorks program in Cumberland County; and that he submit to a forensic psychiatric evaluation of his own mental health at his own cost as well as to a custody evaluation with an agreed upon licensed psychologist or licensed social worker with an expertise in forensic custody evaluations and recommendations to the court. Respectfully submitted, 0, 0.161.13‘.,P. Lori K. Serratelli, Esquire SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717)540-9170 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true ar ,-rect. I , nd that false statements herein are made subject to the penalties of 1 C.S. Section +_ink to unsworn falsification to authorities. - I r k3 L GALA 4 / P ,.‘d Margaret'.Jones CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on this � day of lQie-i /, 2013, I served a copy of the foregoing document by first-class mail, postage prepaid, in the Post Office at Harrisburg, Pennsylvania, to the following person(s): Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Lo/' .Wrratelli, Esquire S RRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717)540-9170 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA • Vs No. CIVIL TERM -, . CIVIL ACTION - LAW rn� "=-n rfr e> fl Defendant IN CUSTODY = -s -: r, s-- t CRIMINAL RECORD/ABUSE HISTORY VERIFICATION P-7 �/�U,, I`� l (.(0 tf' clil) , hereby swear or affirm, subject to penaltieF.gf _._. law includin 1 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unk ss indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursu•lilt to the Juvenile At 42 ?:C.C.S. § 6307 to any of the following crimes in Pennsylvan Jr a substantially equivalent crime in any other jurisdiction, including pending charges: ChecA Crime Self Other Date Sentence ;Ill i household convic member guilty I:, contest. pendin 1.1 2 .C.S. C h. 25 i . . I (rein iin to criminal hornicide) 62702 FT r- : iL to_aggravated 1$ §2706 i... i (r`:'";`; "_ to terroristic th f,-Itsi 13 Pa,C.S._§2709.1 _ trn!lty :to tt3lking) I (rel ,ti:nl t+:a kidnapping IT 18 Pa.C.S. §2902 IT IT (relating to unlawful restraint) 18 Pa.C.S. §2903 IT IT (relating to false imorisonment) 18 Pa.C.S. §2910 1T r- (reltirw,to luring a child into a motor ve'ucle or structure) §3121 fre.1,iting to rape) 1 Pa.C.S. §3122.1 IT 1 relating to statutory sexual assault) §3123 1— IT (rijlim to involuntary deviate sexual intercourse) §3124.1 (r& tin to sexual as:cult! §3125 ...ting to aggravated Ind cent assault) 1.2 3,_§3126 to indecent a•ziotIlt1 13 §3127 L.: to indecent exci -p4re) . , 18 Pa.C.S. §3129 (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 r I- f relating to conduct relating to sex off nders) 18 Pa.C.S. §3301 Iola-Ong to arson and relat,....d offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 r-- (r21 ting to concealing deal 18 Pa.C.S. §4304 (1.21-I:log to endangering wei4vare of children) 13 Pa.C.S. §4305 IT IT (r.4kIting to dealing in r-4 cant children) 13 ?a,C.S. §5902(131 IT IT (12,13ting to prostitution rated offenses) §5903 r— (c) or tAl obscene 3ild ether sexual materials 04-41.1 mances) C, §6301 IT IT frk)tin to corruption OT irutiOrS) .•••■ a _--_____-_- ' . [—� 18 Pa.C.S.§6312 F-- F—1 LeaUnRtmyexua| abuse of children) 1 � F� F� pa.�.�, �6��Q . ~ ._~ (relating to unlawful contact with minor) [—� 18 Pa.C.S. §6320 (relating to sexual exoloitation of children) r- §6114 1/2|aUngto contempt for viz|ationof Protection order or agreement) [-- l Criw{ng under the ' ^F—_- influence ofdrugs or alcohol � i!-JYacture,sa|e, delivery, holding, ofierin for sale or pos ? sion of any coned substance or nz.he/drug ordevice Unless indicated by my checking the box next to an item below, neit|` /r any other mernher of my household have a history of violent or abusive co, iduding the iu|\axv�r�� Self Other Date housetw rnemb �-- [ A9ndin of abuse by a Children 8^ �rmnYouth _ �� Ag,c:ncyprsimni|araRency|nPennmlwania nr similar statute in another jurisdiction Abusive conduct as define F-- under ' n from Ab Pennsylvania mr similar st-tutein another jurisdiction Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. !r any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : ._ 3. if you are aware that the other party or members of the party's household has or have a irninal/abuse history, please explain: that the information above is true and correct to the best of my knowledge Litio;l or belief. I understand that false statements herein are made subject to the of 13 Pa.C.S. §4904 relating to unsworn falsification to authorities. Id_.O .,1a I I efisi I Signature / Of Printed Nam MARGARET J. JONES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI V. 2009-4981 CIVIL ACTION LAW am r MICHAEL R.JONES IN CUSTODY r— cs� cp DEFENDANT • • tO C-7 cyC""7 r trY ORDER OF COURT AND NOW, Thursday,November 07,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X.Gilroy,Esq. , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Friday,December 13,2013 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P.No. 1915.17 regarding relocation. FOR THE COURT, By: Is/ Hubert X. Gilroy, Esq. I/ 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 p AJps ��/ Telephone (717) 249-3166 Ord//; 1. . („4 Aifroi ? gce, (//d2// MARGARET J. JONES, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 09-4981 CIVIL TERM MICHAEL R. JONES, DEFENDANT : CIVIL ACTION - CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION TO MODIFY CUSTODY AND NOW, comes the Defendant, MICHAEL R. JONES, by his counsel, Susan Kay Candiello, Esquire, and files this Answer to Plaintiffs Petition to Modify Custody and in support thereof asserts as follows: ' 1. Admitted. ' r {L , L) 2. Admitted. 3. Admitted. - 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied, by way of further explanation, Once, one time, recently, when the child was overnight with Father, Livvie started to cry asking that she be able to sleep with her Father in his bed, as her Mother does every night Livvie is with her Mother. Father called Mother, at Livvie's instance, Livvie spoke with her Mother, it helped to calm Livvie down. Father then told Livvie to get a drink, from her refrigerator downstairs,this is when Father and Mother spoke. Mother never saw Father become emotional,picked up Livvie, nor has Father ever spoke about the things which Mother states in her complaint. Livvie came upstairs, went to her bed, and the entire episode was over. It has never happened again. 9. Denied, by way of further explanation, Father exhibits no such behaviors. 10. Denied, by way of further explanation, Mother is the party who would benefit from a psychiatric evaluation, but in lieu of a psychiatric evaluation, Father proposes that he and mother both engage in a custody evaluation, with the cost split equally, to determine the better schedule and place for Livvie to be. 11. Denied, by way of further explanation, Father does not need parenting classes, and it is Mother who would benefit most from such classes. 12. Attached is Father's Criminal Record/Abuse History Verification form required by Pa.R.C.P. No. 1915.3-1. NEW MATTER 13. Paragraphs 1 through 12 of this Answer are incorporated herein by reference thereto. 14. Mother attempted suicide, in 1999. 15. Mother was taking numerous prescriptions at the time Mother left Father's home in 2009. 16. Father has a very positive relationship with his daughter, they do many activities together. Father just purchased a recreational vehicle in which he and his daughter have already taken several trips together. t 17. Father has a serious girlfriend, whom Mother knows all about, and approves, Jamie Neumayer. Jamie has a daughter, who is nine, and she and Livvie get along quite well. 18. Father has no knowledge of Mother's boyfriend, not even his name. Father does know that Mother had a previous boyfriend who had an extensive criminal record. 19. Mother ignored the "shared legal"directive in their custody order and registered Livvie in Hershey Schools in direct opposition to even considering Father's wishes for Livvie to attend Harrisburg Academy. She visited Harrisburg Academy, but failed to tell Father she had already registered Livvie at Hershey School District. 20. Mother again ignored the "shared legal" directive in their custody order and never asked Father, but registered her in Brownies in Hershey. The Brownies in Hershey are on the Sunday nights Father has her. Father would take Livvie to any activity in which she participated, but Father believes it would have been less travel for Livvie if she could have registered in a Brownie troop in Camp Hill. 19. Since Livvie was nine months old, Livvie has been staying with her Paternal Grandparents every Sunday night thru Monday afternoon. Livvie loves her Grandparents and their three golden retrievers. Mother made the unilateral decision to stop those visits when school began and has not taken her back since. 20. Thus we see the one episode of crying, which Livvie experienced, was the culmination of several factors: Mother sleeps with Livvie every night she has her, the recent loss of her time with her Grandparents, the start at a full day first grade, this was not unexpected. 21. Father has attempted to work with Mother,to no avail. Mother has not abided by the custody order, the spirit of the custody order and what is obviously in the best interests of Livvie. WEREFORE, the Defendant, MICHAEL R.JONES, respectfully requests this Honorable Court to deny the Plaintiff, MARGARET J. JONES'S request and instead enter an order requiring a custody evaluation, where both parties are equally responsible for the cost and expanding the Defendant, MICHAEL R. JONES,to a fifty-fifty, shared schedule . Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO 7. Dated: December , 2013 OJ "I • )' Susan Kay Candi llo, Esquire Attorney for the f dant PA I.D. # 64998 710 Gladstone Court Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: /.2/9/9-0/3 /- �/ - MI HAEL R. J• '1 .4f MARGARET J. JONES : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • vs. : NO. 2009-4981 MICHAEL R.JONES •• Defendant : CIVIL ACTION - CUSTODY CRIMINAL RECORD/ABUSE HISTORY AFFIDAVIT I Mt - -_ p . ,j01,1-ES , 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, pled guilty or pled no contest to any of the following crimes in Pennsylvania or in any other jurisdiction: NO EXCEPTIONS a � 5"�/�w ///i%" � , 333 a � ( fit"$ / �» ae Contempt for violation of a El Protection from Abuse order El 0 or agreement, io „ , F t�.y�e+ kitig /�/ Z1 VHV' Possession, sale, delivery, ID manufacturing or offering for sale any controlled substance or other drug or device, z , 3 3 333 3 s�1 ��a y $i,�rrri �'3 3 ' �J 3... o 3 w „ fir �: Aggravated Assault; 0 -1a -to lz ,,�- s.... e 4f at 3 Jaz apt ► u i ///i // y/ia / I eau . 01111i;;;.: Stalking; E ❑ £ .. ' » H �\ ti $ S Ammo/ �- .......,,.�.n..,. 3., ,., ., n. w ,...... .,..;\ 1 i i ❑ Unlawful restraint; ❑ ❑ sl - t ray . r✓r ri ,� T� 3 >3 ,r! �3 e�/s� ?ter r t afi�' 3 3� �3J i�iHAi ,.� ,",1 ,fir , Ws �'� � � 1b 3 3y 's^V "2..i'it.:*\.\ � t Jssk. 33 \ +. € `b' r , 3 r Y;;I'gi'd_y e% "\ ir; , 1.J .y'J,t %' 7 ' fr`y £;, � 9,>;J4 0 \ -i'1� .. F s3 wry- may, 23 . �r .j..'-*,.r� 1i( !f J-Nfr �3 3 3 A IAi A 8PT. y A [A -- A r,,,N. r�Hff0.,7, .. 4,/ 333 3 33 3 3 3 � A y. \\��\; r 5 A �gi j �,6i.�;: 3 ....... ... 3i, A:3.3„:::::,AL517N, ., rr, 3r 33,,,,.,, ❑ False imprisonment; ❑ ❑ t 01:!4:04.04111051 ill 1 kj.,k!r(0)001•114104i "§ 6 9 Jd iHi a�3 Ind') Q�,; s \ y,.„sr„r,,'U0;, yfir''''''., .3.33. '.. rr :.,�,rF f� ', ✓ :a,,.. 3n��a ''..1333 .usJ?sr,,, /�r .....��. Rape, statutory sexual I=1 assault, involuntary deviate sexual intercourse, sexual assault, aggravated indecent ❑ ❑ assault, indecent assault, indecent exposure, sexual abuse of children, sexual exploitation of children, rs e with a n Y //»r 3 sexual intercou � � S 3 n rest. yv 4 I \�r v + '''iit‘iiitii.C. s animal or in , � / v € 3 $ ?'A Ad �Ab iBA) ' /3 S i" Y i4Yr`t' d 6::- 9 //ii q/ r( q4skn , 1S ,�r ✓ a /¢ y �1° t ` k 8 . 4NP 7 3 �\ � - / r; 'e € �;A i C 3 `3 ,,,f t A N A A A ! IM 0 y ,: ie 'IA 1 te, I ' s s 3 �• f m I ! !tom iiii �� to 3 2 rL � ', %�. �„'' r' s ; :,✓..,t,: ''''''k6 fJ, r 1.r ,, . ❑ Arson and related offenses; ❑ ❑ ��C 3 VAS v ��Y�e �%% 33 � arcs . x h 3 di q 1 .� ,.,,, J 'i',,„,,...,.P.. ,.. ,cam». �...<. • , „rz,, ,n<..... ,1 .„ ,,. IY-n, _.. ,r,,. . 3.. a ��E iA\ is � � ',.s ?;' Endangering the welfare of ❑ children; ❑ ❑ r•�; �z a +C z y 'Sy A:3 mamr'iH o3 3 s r z "al L r,S3 1ri "'"` , ' °” `" �� 'i?� 8 €A�' ASS ° i v` v�/vrxi s l 3 3'a r/fHi.�' m � - 3 a;Y3 � €\ �% f� h� '" 8 a ad s h ri r5j�/a/ y z�H ihl?'13 Viz .. 9� ,t ' eae 3 3 33,r I3 3 st - c '' r s 111 1 �L.�,�lr y/ ,,,,�,,, ., r ..:�` ....... ....... ,r Nr,r.i / .,,, ,. ,,,,,., 1116'''' .. 3te�3h3�b�3.3�.. .. �„ .. .... . Prostitution and related ❑ offenses; ❑ ❑ AZAr qA t - ,3 33 u3y € 3ry u y ,� ..,�,€,,�.. ,. ;, r ,. ., .,..r. : ........ „�,,,,,, �, „ :..,r„ a3..,� •'`. . 133��jrrrgjy�.�;��n.�»r3,f',>>,�,; ��.. �.. Corruption of minors or El contact with a ❑ El minor; 2 2. Unless indicated by my checking the box 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: r e3� 33 ' r 9 s 9 �grF �++ C� tea}�� ''. ri �6' Came ' d �if r ' i o _y�rt ,a y A finding of abuse by a El Children &Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction t t Other: El ❑ ❑ 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). December 2013 /_ 41110 _deg. Signs_ /Yl I Printed Name 3 MARGARET J. JONES, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, c� :PENNSYLVANIA to 4t, rrn 1, vs. NO. 2009-4981 ( c-) r,.. •• ; CIS MICHAEL R. JONE, : CIVIL ACTION - LAW 4Gt2 -o c?-r, DEFENDANT : ACTION FOR CUSTODY ,_ 7'c~ —4 ,I. PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant, Michael R. Jones. Respectfully submitted, Dated: December , 2013 ILO O AO 9 0, a el L And:., Esquir- Counsel for Defendant PA I.D. # 525 North Twelfth treet P.O. Box 168 Lemoyne, PA 17043 PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Michael R. Jones. Respectfully submitted, Dated: December CI , 2013 1 YO'-t_ l Susan Kay Candi llo Esquire Counsel for Defen nt PA I.D. # 64998 710 Gladstone Court Mechanicsburg, PA 17055 (717) 724-2278 Lori K. Serratelli, Esquire r; _ r rF E., fu T': ,�, s f;_ r r�� .1� s,-sit t Pa. Supreme Court ID No. 27426 Serratelli, Schiffman & Brown, P.C. 2013 OEC 13 PH I: 36 2080 Linglestown Road CUMBERLAND COUNTY Suite 201 PENNSYLVANIA Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff MARGARET J.JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • v. • NO. 2009-4981 • CIVIL ACTION - LAW • MICHAEL R.JONES, Defendant • CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Margaret J. Jones, by her counsel, Lori K. Serratelli, Esquire, and files this Answer to Defendant's New Matter and in support thereof asserts as follows: 13. With regard to Defendant's allegations in Paragraphs 1-12 of Plaintiff's Petition to Modify Custody, Plaintiff has copious evidence of Defendant's emotional tirades. 14. Denied. Plaintiff did engage in cutting fourteen years ago as a teenager before she was married or had a child. She has sought counseling for an anxiety condition. 15. Admitted. Plaintiff/Mother did take one medication for anxiety and medication for an intestinal disorder. To her credit, Plaintiff sought help and continues to benefit from therapy to deal with anxiety as opposed to Defendant who has not dealt with his emotional and psychological condition. 16. Admitted in part and denied in part. It is admitted that Defendant attempts to have a relationship with his daughter but his own emotional issues are frustrating his ability to foster a positive and emotionally stable relationship with his daughter Livvie whom he berates when she cries because she misses her mother with whom she is strongly bonded. He has chastised Livvie for "not loving him". While Father does do many activities with his daughter, he often delivers her to her Mother seemingly exhausted from activities with her Father. Further, he often calls her very late at night, far past her bed time to say good night. 17. Admitted in part and denied in part. Defendant/Father has had a relationship with Jamie Neumayer of whom Plaintiff does approve and like. However, the relationship has been "on again, off again" with Defendant involved with another woman during his break ups with Ms. Neumayer. 18. Denied. Defendant has met Plaintiff/Mother's boyfriend, Craig Michael Anderson several times and knows his name. Further, Mother's previous, boyfriend, Karl L. Myers, did not have a criminal record to Mother's knowledge. Strict proof thereof is demanded. 19. Denied. Plaintiff in fact went with Defendant to visit the Harrisburg Academy, following which she and Defendant discussed the quality of the education at the Academy versus the Derry Township School District. Plaintiff did not believe the Academy's curriculum was superior and said she wanted Livvie to attend the public school into which she had not yet enrolled Livvie. Defendant was aware and did not object to the enrollment of Livvie in the public school after the Harrisburg Academy visit. Livvie is thriving in and happy with her school district. 20. Denied. Plaintiff told Defendant about the Daisies Brownie troop and that she wanted to enroll Livvie. The troop was to meet on Thursday which was Mother's custodial day. Defendant did not object. The troop then changed to meet on Sunday and Father has even taken Livvie to a meeting. Father consented to the activity on November 6, 2013 at 5:36 by texting "It's all good. I want her to do this". 21 (19). Admitted in part and denied in part. Before Livvie began first grade, she did spend Sunday night with her grandmother Nancy who then provided child care on Monday as stipulated in the 2009 Custody Order. When Livvie was old enough this school year to attend first grade, Monday child care was no longer needed. This was discussed between Mother and Nancy. Mother and Nancy discussed and jointly agreed that it would not be in Livvie's best interest for Mother to bring Livvie over to Nancy on Mother's custodial Sunday nights to Enola and then have Nancy bring her back to Hershey the next morning to begin school at 8:30 am. Nancy still spends time with Livvie and Mother is still appreciative and willing to have Nancy provided child care if school is not in session and Mother who is a teacher in the Harrisburg School district must work. 22 (20). Denied. Livvie does not sleep with her Mother. She had done so in the past but Mother worked on making Livvie feel comfortable in her own bed which is where she now sleeps. 23 (21). Denied. Mother has worked with Father as much as possible over the years, despite his emotional rants and constant use of profanity when they speak. Mother even expanded Father's time to allow him to have Wednesday evenings as an overnight rather than the 4:00 pm to 9:00 pm provided for in the 2009 Order. There are many instances where Mother has agreed to accommodate his work schedule and vacations throughout the year. There was also a time when Father agreed at Livvie and Mother's request to drop her off and pick her up at a church function with Mother on October 26 which was during Father's custodial time. In return, Mother agreed and followed through with switching two Wednesdays for Tuesdays, prior to October 26, at Father's request and convenience. When it was Father's turn to hold up his agreement on October 26 as to a drop off and pick up at church, he did not do so. He backed out and had Livvie call Mother to tell her she wanted to go to the Octoberfest and Mother needed to pick her up. Mother then had a conversation with Father which ended with him calling her "evil and selfish ". Father has demonstrated a lack of parenting skills in that he is frequently late to pick up Livvie at the bus stop, brings her to school tardy, dresses her inappropriately to the extent the school nurse called Mother to bring a change of clothes, is not vigilant about bedtime nor school homework which he has had Livvie complete in the car on the way to school on at least one occasion. WHEREFORE, the Plaintiff respectfully requests that Defendant's request for a fifty/fifty shared physical custody be denied, that the Wednesday overnight be eliminated during the school year with some additional time in the summer for Defendant, and a specific holiday and vacation schedule be included in the revised Custody Order. Holidays to be addressed which supersede the normal custodial schedule are: Christmas to be divided into two 24 hour segments, Easter, Halloween, Thanksgiving and Livvie's birthday with other holidays celebrated by the parent who custodial time includes the holiday. Further, Mother is requesting a vacation period for 2014 from July 26 returning August 3 to take Livvie to Florida for her birthday. She will be returned to Father on August 3, 2014 (her birthday) so that he can celebrate his portion of the 24 hour birthday time with her as well with the regular custody schedule to resume after the second 24 portion of her birthday ends. Respectfully submitted, • �• 1 ' Lori . S: ratelli, Esquire SE'RATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717)540-9170 Attorney for Plaintiff • VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ID---10- a 3 Al I A 4 A 0 .i b. . .1 Margaret 1.Jone A CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on this 12th day of December , 2013, I served a copy of the foregoing document by email to the following person(s): Susan Kay Candiello, Esquire at skc law@yvahoo.com Hubert X. Gilroy, Conciliator at hgilrov @martsonlaw.com A hard copy will be personally served on December 13, 2013 at the Custody Conciliation Conference, upon the following persons: Susan Kay Candiello, Esquire Hubert X. Gilroy, Conciliator „ Lori /Sevatelli, Esquire SER'ATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717)540-9170 Attorney for Plaintiff I. MARGARET J. JONES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2009-4981 CIVIL ACTION - LAW MICHAEL R. JONES, Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Edgar B. Bayley COURT ORDER AND NOW, this / day of December, 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, the minor child and anyone else as may be required for a custody evaluation to be performed by an evaluator agreed upon by counsel for the parties. The evaluation shall be an independent evaluation with the evaluator sharing the results of the evaluation with legal counsel for both parties. Costs of the evaluation shall be split equally between the parties. In the event legal counsel cannot agree upon the evaluator,counsel may contact the Custody Conciliator who,as appropriate, may recommend an Order to the Court addressing that issue. 2. Both parents shall attend parenting counseling at a counseling service as agreed upon by legal counsel for the parties. Each parent shall pay their own costs of this counseling. 3. The existing Court Order of September 22,2009,as modified by the Order of August 26, 2009, shall remain in place subject to the following modifications: A. The parties shall continue with the change the parties implemented themselves whereby father is seeing the child on Wednesday nights. B. The parties implemented a change on their own where the minor child would go to the paternal grandparents on Sunday evening and stay over until Monday morning. With the child now being in school,daycare on Monday morning is not necessary, and the custodial arrangements shall be such that when mother is enjoying custody on her weekend she will keep the child through Monday morning but when the father has custody on his weekend the father may take the child to his parents home for an overnight on Sunday night conditioned upon the child getting to school at the regular time. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, Judge cc: .ri K. Serratelli, Esquire Susan Kay Candiello, Esquire V C24-4 0` -42? 4 3 MARGARET J. JONES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2009-4981 CIVIL ACTION - LAW MICHAEL R. JONES, • Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Elizabeth Mae Jones, born August 3, 2007. 2. A Conciliation Conference was held on December 13, 2013, with the following individuals in attendance: The mother, Margaret J. Jones, with her counsel, Lori K. Serratelli, Esquire, and the father, Michael R. Jones, with his counsel, Susan Kay Candiello, Esquire. 3. Mother petitioned the Court seeking a modification of the existing Order whereby she wants to limit father's time with the child. As expected,father filed an answer to the petition and suggests that he wants more time with the child and is seeking up to 50/50 custody. From discussing the issue with the attorneys,each party seems to have some concern with the other party on a variety issues and, generally, it was agreed that a custody evaluation would be in order. Counsel for the parties also agreed that both parents would benefit from a parenting course. 4. Based upon the agreement of the parties,the Conciliator recommends the entry of an Order in the form as attached. Date: December 19 , 2013 Hubert X. Gi oy, Esquire Custody C ciliator MARGARET J. JONES, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 2009-4981 • MICHAEL R. JONES, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR CUSTODY car (f377 ) PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdrawal my appearance on behalf of the Defendant, Michael R. Jones. Dated: August 15, 2014 Respectfully submitted, usan Kay Candiell P.A.I.D. #649 710 Gladstone Court Mechanicsburg, PA 17055 717-724-2278 PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Michael R. Jones. Respectfully submitted, Dated: Ay 21 , 2014 ��' rcavage arket Street, Suite 303 p Hill, PA 17011 JSTepl,egArca,vo- 41. 71117 TANNER BARCAVAGE, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 MARGARET J. JONES, § IN THE COURT OF COMMON PLEAS Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA v. § NO. 2009-4981 MICHAEL R. JONES, Defendant § CIVIL ACTION - LAW § ACTION FOR CUSTODY CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Praecipe for Withdrawal of Appearance and Praecipe for Entry of Appearance filed in the above -captioned matter upon the Lori K. Serratelli, Esquire, by U.S. first class mail addressed as follows: 17//// Date Lori K. Serratelli, Esquire 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 Respectfully submitted, : ttren ..: arcavage, Esquire Sup me Court I.D. No.: 78867