Loading...
HomeMy WebLinkAbout01-1327Erika Willis, Plaintiff Shannon Willis, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY : NO. 01-/SS [ CIVIL TERM 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, 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business betbre the court. You must attend the scheduled conference or hearing. Erika Willis, Plaintiff Shannon Willis, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE, CUSTODY, : NO. oi-/3.~ 7 CIVIL TERM DIVORCE COMPLAINT WITH CUSTODY COUNT The plaintiff, Erika Willis, by her attomeys, the Family Law Clinic, sets forth the following cause of action: COUNT I. DIVORCE UNDER 23 Pa.C.S. SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE I. Plaintiff is Erika Willis, who currently resides at 108 Ian Drive, Mt. Holly Springs, PA 17065 since July 12, 2000. 2. Defendant is Shannon Willis, who currently resides at 535 Butter Blount Rd, Fleming, GA 31309, since November 30, 2000. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were married on April 3, 1999 in Liberty County, Georgia. 5. Plaintiff and defendant have lived separate and apart since July 12, 2000. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the marriage. COUNT II. CUSTODY 9. Plaintiff repeats and realleges paragraphs one through eight. 10. Plaintiff seeks custody of the following child: .Name Present Address Age Christopher Willis 108 lan Drive 10 Months Mt. Holly Springs, PA 17065 The child was born in wedlock. The child is presently in the custody of Erika Willis, who resides at 108 Ian Drive, Mt. Holly Springs, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: Persons Erika Willis Shannon Willis Erika Willis Judy Yaw Wayne Yaw Amber Yaw Addresses 595 Cook Rd. Fleming, GA 31309 108 Ian Drive Mt. Holly Springs, PA 17065 Dates April 29, 2000-July 11, 2000 July 12, 2000-Present The mother of the child is Erika Willis, currently residing at 108 Ian Drive, Mt. Holly Springs, Pennsylvania. She is married. The father of the child is Shannon Willis, currently residing at 535 Butter Blount Rd, Fleming, Georgia. He is married. 11. The relationship of the plaintiff to the child is that of mother. resides with the following persons: Name Relationship Judy Yaw Mother Wayne Yaw Father Amber Yaw Sister Christopher Willis Son The plaintiff currently 12. The relationship of defendant to the child is that of father. The defendant currently resides with the tbllowing persons: Name Relationship Ottis M. Willis Father Anne Lou Willis Mother 13. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of the child since birth; b) Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) Plaintiff is willing to accept custody of the child; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant her shared legal and primary physical custody of the child. Date ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 VERIFICATION I verify that the statements made in the foregoing Divorce Complaint with Custody Count are tree and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Erika Willis, Plaintiff Shannon Willis, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION-LAW No. J3zl PRAECIPE TO PROCEED IN FORMA PAUPERIS CIVIL TERM To the Prothonotary: Kindly allow Erika Willis, Plaintiff, to proceed in forma pauperis. I, Steven Boell, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Steven Boell Certified Legal Intern THOMAS M. PLACE TERI L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Erika Willis, Plaintiff Shannon Willis, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 01 -/3 2 7CIVIL TERM AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE TO PROCEED IN FORMA PAUPER.IS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Erika Willis Address: 108 Ian Dr., Mt. Holly Springs, PA 17065 Social Security No.: 097-72-1848 (b) Employment If you are presently employed, state Employer: Kmart Address: Walnut Bottom Rd., Carlisle Salary or wages per month: $300-400 (net) Type of work: Sales Clerk If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: (c) Other income w/thin the past twelve months: Parkers Business or profession: Gas Station/Cashier - 5.35/hr. Other self-employment: Interest: Dividends: Pension and annuities: Social security benefits: Support payments: Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: WIC/Access Card Other: (d) Other contributions to household support (Wife)(Husband) Name: If your (~vife)(husband) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: Contributions from parents: Lives with parents Other contributions: (e) Property owned Cash: Checking account: Yes; $54.00 Savings account: Yes; $90.00 Certificates of deposit: Real estate (including home): Motor vehicle: Ford Taurus Cost, Amount Owed $ Stocks; bonds: Infant son has four savings bonds Other: (0 Debts and obligations Mortgage: Rent: Loans: Other: Food: Diapers: Baby Wipes: Medical Expenses: $160.00 per month $50.00 per month $15.00 per month $2208.64 (owed to father) $145.00 (outstanding) Persons dependent upon you for support (Wife)(Husband) Name: Children, if any: Name: Age: Christopher Willis 10 Months Other persons: Name: Relationship: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Petitioner ERIKA WILLIS PLAINTIFF V. SHANNON WILLIS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1327 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 19, 200l , 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, April 20, 2001 at 8:30 a.m. 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 del'me and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of'1990. For information about accessible facilities and reasonable accommodations a.¢ailable 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 TI[IS 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ERIKA WILLIS, Plaintiff V SHANNON WILLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01 - 1327CIVIL : IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Christopher M. Willis, bom April 28, 2000. A Conciliation Conference was held on April 20, 2001, with the following individuals in attendance: The Mother, Erika Willis, with her representative, Steven Boell, of the Dickinson School of Law Family Law Clinic; the Father did not attend the conference. However, the Father was served with notice of the conference (a proof of service was filed of record). Also, Mother relates that Father acknowledged to her in discussions that he was aware of the scheduled Custody Conciliation Conference. The Mother relates that the child is in her custody and Father has not seen the child since last October. 4. The Conciliator recommends the entry of an order in the form as attached. X. Gilroy, Efitqulre Custody ConciliatOr ER/ICA WILLIS, Plaintiff V IN 'l~rtE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHANNON WILLIS, Defendant NO. 01 - 1327 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinem information pertaining to the child who is the subject of this litigation is as follows: Christopher M. Willis, bom April 28, 2000. A Conciliation Conference was held on April 20, 2001, with the following individuals in attendance: The Mother, Erika Willis, with her representative, Steven Boell, of the Dickinson School of Law Family Law Clinic; the Father did not attend the conference. However, the Father was served with notice of the conference (a proof of service was filed of record). Also, Mother relates that Father acknowledged to her in discussions that he was aware of the scheduled Custody Conciliation Conference. The Mother relates that the child is in her custody and Father has not seen the child since last October. 4. The Conciliator recommends the entry of an order in the form as attached. · Gilroy, E,~'quire Custody ConciliatOr ERIKA WILLIS, Plaintiff V SHANNON WILLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CWIL ACTION - LAW NO. 01 - 1327 CWIL IN CUSTODY COURT ORDER AND NOW, this~'~as3d~ day of April, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Erika Willis, and the Father, Shannon Willis, shall enjoy shared legal custody of Christopher M. Willis, bom April 28, 2000. 2. The Mother shall enjoy primary physical custody of the minor child. The Father shall enjoy periods of temporary physical custody with the minor child at such times and under such circumstances as the Mother may agree. CC** In the event the Father is dissatisfied with the mount of temporary custody provided to him by the Mother or in the event Father desires to otherwise modify this order, the Father may petition the court to have the case again scheduled for a conference with the Custody Conciliator. Steven Boell Dickinson School of Law Family Law Clinic Shannon Willis 335 Buffer Blount Road Fleming, GA 31309 BYTH~ J. Edward L. Colby, Jr., Esquire P.O. Box 618 Hynesville, GA 31310 ERIKA WILLIS, Plaintiff V. SHANNON WILLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIViL ACTION - LAW : IN DIVORCE : NO. 01-1327 CIVIL TERM PROOF OF SERVICE I, hereby certify that I served a true and correct copy of the Divorce Complaint with Custody Count on Shannon Willis, residing at 535 Butter Blount Road, Fleming, GA 31309, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Shannon Willis on the 14th day of March, 2001, as evidenced by his signature on the attached green card. Date: March 22, 2001 Steven Buell Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Pdnt 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: . ~flA t~taoM ~t t L_LI% VL .Mt N(3 t A. Received 2. Artic~_e ..Number (Copy from service labeO PS Form 3811, July 1999 Domestic Return Receipt In the Court of Common Pleas Cumberland County, Pennsylvania Ericka Willis ) PLAINTIFF ) ) vs. ) ) Shannon Willis ) DEFENDANT ) CIVIL ACTION NO. 01-1327 NOTICE OF APPEARANCE Please take notice that the undersigned represents Shannon Willis in this matter. The undersigned is admitted to practice law in the State of Georgia; but not in The Commonwealth of Pennsylvania. I seek to appear specially in this matter only. This the .8 ! ~'~lay of May, 2001. Edward L. Colby, Jr. GA Bar No. 176551 912-369-2181 P.O. Box 618 Hinesville, GA 3131 ERIKA WILLIS, Plaintiff SHANNON WILLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN DIVORCE, CUSTODY No. 01-1327 CIVIL TERM 2001. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 8, 2. The marriage of Plaintiffand 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 after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, §4904, relating to unswom falsification to authorities. ERIKA WILLIS, Plaintiff ER/KA WILLIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA SHANNON WILLIS, Defendant : CIVIL ACTION- LAW IN DIVORCE, CUSTODY : No. 01-1327 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. 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 affidav/t are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. ER/ICA WILLIS, Plaintiff ERIKA WILLIS, Plaintiff SHANNON WILLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW IN DIVORCE, CUSTODY No. 01-1327 CIVIL TERM CERTIFICATE OF SERVICE I, Derek R. Clepper, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a tree and correct copy of Plaintiff's Affidav/t of Consent and Waiver of Intention to Request Entry of a Divorce Decree on Edward L. Colby, Jr., at P.O. Box 618, Hinesville, GA 31310, by depositing a copy of the same in the United States ma/I, First Class, postage prepaid, this 25t~ day of June, 2001. Date Certified Legal Intern THE FAMILY LAW CL1NIC 45 North Pitt Street Carlisle, PA 17013 (717)-243-2968 In the Court of Common Pleas Cumberland County, Pennsylvania Er/cka Willis ) PLAINTIFF ) ) vs. ) ) Shannon Willis ) DEFENDANT ) CIVIL ACTION NO. 01-1327 Answer Now comes the Defendant and files this his Answer to Plaintiff's Complaint. Count I Defendant admits all allegations of Count I. Count II Defendant admits all allegations of Count II. Relief Souv, ht bv Defendant Defendant seeks visitation as set forth in the attached letter to Steven Boell and incorporate the same by reference into the pleading. Submitted this ~ t ¢~day of ~_~ ,2001. Edward L. Colby,~~J ELC/sp // IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIKA R. WILLIS, Plaintiff V. SHANNON M. WILLIS, Defendant NO. 01-1327 CWILTERM CIVIL ACTION - LAW DIVORCE PRAECIPE TO WITHDRAW AND ENTER APPEARANCE OF LEGAL COUNSEL TO THE PROTHONOTARY: Please withdraw the appearance of the Family Law Clinic, attorney for Plaintiff, and enter the appearance of Diane G. Radcliff, Esquire, as attorney for Plaintiff in the above captioned matter. Respectfully submitted, Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 I.D. No. 7qq~q7 ~)IFF, ~SQUIRE Camp Hill, PA 17011 PHONE: (717) 737-0100 Fax: (717) 975-0697 I.D. No. 32112 - 1 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIKA R. WILLIS, Plaintiff V. SHANNON M. WILLIS, Defendant NO. 01-1327 CIVIL TERM CIVIL ACTION - LAW 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c} OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 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. l 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: ~_.~q_~ 1~>~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIKA R. WILLIS, Plaintiff V. SHANNON M. WILLIS, Defendant NO. 01-1327 CIVIL TERM CIVIL ACTION - LAW 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c} OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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 flied with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ER1KA R. WILLIS, Plaintiff V. SHANNON M. WILLIS, Defendant NO. 01-1327 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 8, 2001. 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. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIKA R. WILLIS, Plaintiff V. SHANNON M. WILLIS, Defendant NO. 01-1327 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 8, 2001, 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. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I 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: ERIKA R. WILLIS, Plaintiff SHANNON M. WILLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1327 CIVIL TERM CIVIL ACTION - LAW DIVORCE PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of filinq of ComDlaint: 3/8/01 b. Manner of service of ComDlaint: Certified Mail, Restricted Delivery c. Date of Service of Complaint: 3/14/01 DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 12/18/03 b. Defendant: 12/18/03 DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: N/A b. Date of Filinq: N/A c. Date of Service: N/A 4 o RELATED CLAIMS PENDING: NO issues have been raised in this case, and there are no issues outstanding. DATE ARD MAiTNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(D) (1) (I) OF THE DIVORCE CODE: a. Date of Service: N/A b. Manner of Service: N/A DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: 12/19/03 b. Defendant's Waiver: 12/19/03/~~~ ~rr~~~e Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 ERIKA R. WILLIS, Plaintiff SHANNON M. WILLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1327 CIVIL TERM CIVIL ACTION - LAW CUSTODY STIPULATION FOR CUSTODY ORDER AND NOW, this /~?~ day of December, 2003, Erika R. Willis and Shannon M. Willis hereby stipulate and agree that the foregoing Custody Order shall be entered by the Court in the above captioned matter. IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: ERIKA R. WILLIS Date: { SEAL } SHANNON M. WILLIS {SEAL} ERIKA R. WILLIS, Plaintiff SHANNON M. WILLIS, Defendant AND NOW, this~day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1327 CIVIL TERM CIVIL ACTION - LAW DIVORCE AND CUSTODY CUSTODY ORDER '~~, 20 [}.2>, upon consideration of the within Stipulation for Custody Order executed by Erika R. Willis, (hereinafter referred to as "Mother") and Shannon M. Willis, (hereinafter referred to as "Father") (Mother and Father are sometimes hereinafter referred to individually "Parent" and collectively "Parents") pertaining to their minor children: Christopher Willis, born on April 28, 2000; and Thomas Willis, born on August 21, 2002, (hereinafter referred to as the "Children"), IT IS HEREBY ORDERED AND DECREED as follows: LEGAL CUSTODY: The Parents shall share and have joint legal custody of the Children. Pursuant to the foregoing the following shall apply: Major Decisions to Be Made Jointly: Major decisions concerning the Children's general well-being including, but not necessarily limited to, the Children's health, welfare, education, religious training and upbringing, shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in Children's best interest. Non-Major Decisions: Day to day decisions shall be the responsibility of the Parent then having physical custody. With regard to any emergency decisions which must be made, the Parent having physical custody of the Children at the time of the emergency shall be - 1 - permitted to make any immediate decisions necessitated thereby. However, the Parent shall inform the other of the emergency and consult with him or her as soon as possible. Access to Information: Each Parent shall be entitled to access to any and all information regarding the health, education, religion, and general well being of the Children, and pursuant thereto each Parent shall be entitled to communicate with and receive information and documents from any persons or entities having such information and/or documents regarding the health, education, religion, and general well being of the Children so that informed decisions can be made. Telephone Contact: Both Parents shall be afforded reasonable telephone contact with the Children while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with his or her phone number where the Children can be reached when in that Parent's custody. Each Parent, step-Parent, or live-in mate shall not unreasonably interfere with the Children's right to privacy during such telephone conversations, nor shall listen to that conversation an extension telephone. Each Parent shall see that the Children calls the other Parent upon receipt of any phone message requesting such a return call. Alcohol and Drugs: During any period of custody or visitation, neither Parent shall possess or use any controlled substance, or consume alcoholic beverages to intoxication nor permit any other household members and guests or other persons to possess or use any controlled substance, or consume alcoholic beverages to intoxication in the presence of the Children. Further both Parents are prohibited from giving the minor Children alcoholic beverages or controlled substances to use and/or consume. Supervision: Neither Parent shall leave the Children unattended in a vehicle or public facility. Neither Parent shall leave the Children unsupervised. Seat Belts: During periods of transportation, both Parents shall ensure that the Children are wearing seatbelts and properly protected. No Derogatory Comments: Neither Parent will undertake, or permit by any other person, the poisoning of the Children's mind against the other Parent, by conversation or otherwise, - 2 - any communication that explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other Parent or extended family members. Neither Parent shall attempt, or condone any attempt, directly or indirectly, to estrange the Children from the other Parent. At all times each Parent shall encourage and foster in the Children a sincere respect and affection for the other Parent. No Discussion: Neither Parent shall discuss any aspect of the custodial situation, other than finalized custody schedules, with the Children. Neither Parent shall discuss any pending legal action involving the Parents with the Children. Neither Parent utilize the Children for purposes of conveying information or inquiries pertaining to the Children and/or any pending legal action to the other Parent. 10. Removal and Absence: Father shall not remove the children from the Commonwealth of Pennsylvania without Mother's consent. If either Parent intends on removing the Children from his or her residence for a period in excess of forty-eight (48) hours that Parent shall provide the other Parent with the address and phone number where the Children can be reached during the period of absence. 11. Relocation: Neither Parent shall remove and relocate the Children from the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania on a permanent basis without providing the other Parent with at least ninety (90) days advance notice thereof. Said ninety (90) day time period is designed to allow the Parents to negotiate a modification of this Order, and in absence thereof to petition the Court for a modification if the same is appropriate under the circumstances. PHYSICAL CUSTODY: The Parents shall have joint physical custody of the Children in accordance with the following terms: Primary Custodian's Periods: Mother shall have custody of the Children for all periods not specifically reserved for Father in herein. Father's Week Periods: Father shall have custody of the Children during the evenings when mother works on such days, alternating weekends, and for such times as the Parents shall mutually agree. 3. Holidays/Special Days: The Parents shall share or alternate custody of the children on the - 3 major holidays as they shall hereafter mutually agree. Summer Vacation Time: Each Parent shall be entitled to two (2) uninterrupted weeks of custody of the Children under and subject to the following terms and conditions: Consecutive or Non-Consecutive Weeks: The weeks are to be exercised in two (2) non-consecutive one (1) week periods. Advance Written Notice: Each Parent must provide the other Parent with at least thirty (30) days advance written notice of his or her intention to exercise each of these custodial weeks. Conflict.: Should conflict arise between the selection of said weeks the first Parent to notify the other Parent of his or her selection shall have the right to exercise custody on the weeks selected and the other Parent shall select other times for his or her weeks so as to avoid any conflicts. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be provided by Father. Distribution to: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011, Attorney for Plaintiff Shannon M. Willis, 210 Hill Street, Apt. 6, Mt. Holly Springs, PA 17065, pro se IN THE COURT OF COMMON PLEAS ERIKA R. OF CUMBERLAND COUNTY STATE Of ,~i~ PENNA. WILLIS, Plaintiff NO. 01-1327 CIVIL TERM VERSUS SHANNON M. WILLIS, Defendant AND NOW, DECREE IN DIVORCE , 2~---, IT IS ORDERED AND DecReED That ERIKA R. WILLIS AND SHANNON M. WILLIS __,PLAINTIFF, ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THe COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER has NOT YET been entered; No issues have been raised in this case, and no issues are outstanding. PROTHONOTARY