HomeMy WebLinkAbout04-3930JILLENE M. PARMELEE,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAI\fD COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
O Y- 3930 CIVIL TERM
LAWRENCE T. PARMELEE,
Defendant IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW comes the Plaintiff, Jillene M. Parmelee, by her attorneys, Irwin &
McKnight, and presents the following Complaint for Custody.
1.
The Plaintiff, Jillene M. Parmelee, is an adult individual with an address of 140 Wagner
Street, Carlisle, Cumberland County, Pennsylvania 17013.
2.
The Defendant, Lawrence T. Parmelee, whose current address is unknown.
3.
The parties are the natural parents of three (3) children, namely, Brittney L. Parmelee,
born November 5, 1989; Devon L. Parmelee, born April 25, 1994, and Sydney A. Parmelee, born
August 19, 1996.
4.
The Plaintiff desires that the parties have shared legal custody of said minor children.
5.
The Plaintiff desires primary physical custody of the minor children, Brittney L.
Parmelee, Devon L. Parmelee and Sydney A. Parmelee.
6.
The best interests and permanent welfare of the minor child requires that the Court grant
the Plaintiff's request as set forth above.
WHEREFORE, Jillene Parmelee, respectfully requests that she be awarded primary
physical custody and shared legal custody Brittney L. Parmelee, Devon L. Parmelee and Sydney
A. Parmelee, as provided herein, with periods of temporary physical custody to Defendant as
provided herein.
Respectfully submitted,
IRWIN & McKNIGHT
By: 4March McKn' ht, III, Esquire
Attorney for Plaintiff
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Date: August 10, 2004 Supreme Court I. D. No. 25476
VERIFICATION
The foregoing Complaint for Custody is based upon information which has been gathered
by counsel and myself in the preparation of this action. I have head the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
vC 1.
JI ENE M. PARMELEE
Date: August 10, 2004
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JILLENE M. PARMELEE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
LAWRENCE T. PARMELEE
DEFENDANT
04-3930 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, August 19, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 14, 2004 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. 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.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Jacqueline M. Verney. Esq. mnc
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
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JILLENE M. PARMELEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. :04-3930 CIVIL ACTION - LAW
LAWRENCE T. PARMELEE
Defendant/Respondent : IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW, this 10th day of September, 2004, comes the Plaintiff/Petitioner, Jillene M.
Parmelee, by her attorneys, Irwin & McKnight, and makes the following Petition for Special
Relief against the Defendant/Respondent, Lawrence T. Parmelee:
1.
The Petitioner is Jillene M. Parmelee, an adult individual who resides at 140 Wagner
Street, Carlisle, Cumberland County, Pennsylvania 17013.
2.
The Respondent is Lawrence T. Parmelee, an adult individual whose whereabouts are
unknown. His legal counsel, Michael S. Travis, has indicated that he would accept service of all
legal documents and that his client was residing somewhere in Pennsylvania.
3.
On or about June 5, 2004, the Respondent, Lawrence T. Parmelee, took the minor child,
Devon L. Parmelee, born April 25, 1994, age 10, for a weekend visit and never returned him to
the Petitioner at the end of the weekend.
2
4.
The parties have been residents of Cumberland County, Pennsylvania, for a period in
excess of two (2) years.
5.
The minor child, Devon L. Parmelee, attended the Carlisle Area School District for the
past two years.
6.
Since June 5, 2004, the Respondent, Lawrence T. Parmelee, has refused to disclose his
whereabouts and has refused to permit Petitioner to have any contact with Devon L. Parmelee.
7.
On September 7, 2004, the Petitioner discovered that heir son, Devon L. Parmelee, had
been enrolled in the Watkins Glen Middle School in Watkins Glen, New York. The
Respondent's sister, Leah Swartout, resides in Watkins Glen. The Respondent travels
throughout the Northeast region Monday through Friday and has little or no contact with the
minor child through the week.
8.
The child has been removed from the Commonwealth of Pennsylvania without the
Petitioner's consent and in violation of Pennsylvania law. A copy of the notice from Watkins
Glen Central School District is attached hereto and marked as Exhibit "A".
9.
The Petitioner seeks custody of said child and the re-enrollment of said minor child in the
Carlisle Area School District until further Order of Court.
10.
The Petitioner had filed for primary physical custody of Devon L. Parmelee on August
10, 2004. A Custody Conciliation is scheduled for Thursday, September 14, 2004. The
Petitioner seeks special relief from the Conciliator or from the Court in order to return Devon to
Pennsylvania to reside the Petitioner and attend his school in the Carlisle Area School District.
WHEREFORE, the Petitioner, Jillene M. Parmelee, respectfully requests this Honorable
Court enter an Order against the Respondent, Lawrence T. Parmelee, requiring him to return the
minor child, Devon L. Parmelee, to the Petitioner/Mother, Jillene M. Parmelee.
Respectfully submitted,
IRWIN & McKNIGHT
By:
Marcu A. McKni I, II, Esquire
Attorney for Petitioner
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
717-249-2353
Supreme Court I.D. No: 25476
Date: September 10, 2004
EXHIBIT "A"
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Watkins Glen Central School District.
301 12th Street
Watkins Glen, New York 14891
Tel. (607) 535-3219
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VERIFICATION
The foregoing document is based upon information which has been gathered by
counsel and myself in the preparation rf this action. I have head the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
*ENE M. PARMELEE
Date: September 10, 2004
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SEP 161
JILLENE M. PARMELEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2004-3930 CIVIL TERM
LAWRENCE T. PARMELEE, :CIVIL ACTION -LAW
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this
Zlir day of 2004, upon
consideration of
follows: the attached Custody Concil' tt eport, it is ordered and directed as
Mother's Petition for Special Relief is hereby withdrawn.
2. The Mother, Jillene M. Parmelee, and the Father, Lawrence T. Parmelee,
shall have shared legal custody of Brittney L. Parmelee, born November 5, 1989, Devon
L. Parmelee, born April 25, 1994 and Sydney A. Parmelee, born August 19, 1996. Each
parent shall have an equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the children's general well-being including, but
not limited to, all decisions regarding their health, education and religion.
3. Mother shall have primary physical custody of the children.
4. Father shall have partial physical custody as: follows:
A. Beginning October 1, 2004, alternating weekends from Friday at 6:00
p.m. to Sunday at 6:00 p.m. If Father needs to cancel his weekend due
to his work schedule he shall attempt to provide Mother with half day
notice. If said notice is provided, Father shall be entitled to substitute
the following weekend.
B. Such other times as the parties agree.
S. During the summer, Father shall have primary physical custody of Devon
beginning one week after school ends to one week before school starts. Mother shall
have one uninterrupted week of physical custody of Devon during the summer, provided
she give Father 30-day prior notice. Father shall have one uninterrupted week with
Brittney and Sydney during the summer, provided he give 30-day prior notice to Mother.
6. The Thanksgiving holida sh 11 b P
Monday at 6:00 p.m. The parties shall alternate Thanksgivin g such that Mother will
always have physical custody of the children in even numbered years and Father shall
have physical custody in odd numbered years.
7. Christmas: Father shall always have physical custody of the children from
December 26 to January 1.
8. The parties shall cooperate with continuing and/or obtaining counseling
for the children.
9. The parties are entitled to liberal telephone contact with the children. In
that regard, the parties are expected to use common sense in scheduling telephone calls to
talk with the children. The parties are hereby directed to refrain from preventing the
party who may be calling from talking to a child, or preventing a child from calling the
other party, provided that the phone calls are not excessively frequent nor too long in
duration that they disrupt a child's schedule. Phone calls initiated by a party should be
kept to a maximum of twenty minutes, and a maximum of three (3) phone calls per week.
10. Neither party shall do or say anything or permit a third party to do or say
anything that may estrange the children from the other parent, injure the opinion of the
children as to the other parent, or hamper the free and natural development of the
children's love and respect for the other parent.
11. Neither party may use corporal punishment on the children nor permit
siblings to hit other siblings.
12. This Order has been entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of this Order
by mutual consent. In the absence of mutual consent, the terms of this Order shall
control.
ccXarcus A. McKnight, III, Esquire - Counsel for Mother
,,Michael Travis, Esquire,, Counsel for Father
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SEP 16 2004 E
RLLENE M. PARMELEE,
Plaintiff
V.
LAWRENCE T. PARMELEE,
Defendant
PRIOR JUDGE: None
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
2004-3930 CIVIL TERM
CIVIL ACTION - LAW
: IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Brittney L. Parmelee November 5, 1989 Mother
Devon L. Parmelee April 25, 1994 Father
Sydney A. Parmelee August 19, 1996 Mother
2. A Conciliation Conference was held in this matter on September 14, 2004.
Mother, Jillene M. Parmelee, was present with her counsel, Marcus A. McKnight, III,
Esquire, and Father, Lawrence T. Parmelee, was present with his counsel, Michael
Travis, Esquire.
3. Father had custody of Devon all summer and enrolled him in school in
New York without Mother's knowledge. Mother also filed a Petition for Special Relief
to have Devon returned. Because of the agreement of the parties, Mother withdraws her
Petition for Special Relief.
4. The parties agreed to an Order in the form attached.
g-??-?y
Date
iVerney, Esquire
Custody Conciliator
JILLENE M. PARMELEE,
Plaintiff/Petitioner
V.
LAWRENCE T. PARMELEE,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 2004-3930 CIVIL TERM
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW comes the Plaintiff/Petitioner, Jillene M. Parmelee, by her attorneys, Irwin &
McKnight, and presents the following Complaint for Custody.
1.
The Plaintiff/Petitioner, Jillene M. Parmelee, is an adult individual with an address of 140
Wagner Street, Carlisle, Cumberland County, Pennsylvania 17013.
2.
The Defendant/Respondent, Lawrence T. Parmelee, whose current address is unknown.
3.
The parties are the natural parents of three (3) children, namely, Brittney L. Parmelee,
born November 5, 1989; Devon L. Parmelee, born April 25, 1994, and Sydney A. Parmelee, born
August 19, 1996.
4.
The parties are subject to an Order of Court dated September 21, 2004, a copy of which is
attached hereto and marked as Exhibit "A".
5.
The Respondent has repeatedly violated paragraph ten (10) of the Order of Court by
calling the Petitioner names in front of the children. On the most recent period of custody, the
Respondent threatened to kill his oldest daughter and others.
6.
The Petitioner desires primary physical custody of the minor children, Brittney L.
Parmelee, Devon L. Parmelee and Sydney A. Parmelee, and that all periods of custody with the
Respondent be suspended until he completes counseling for anger management.
7.
The best interests and permanent welfare of the minor children requires that the Court
grant the Petitioner's request as set forth above.
WHEREFORE, Petitioner, Jillene Parmalee, respectfully requests that the Respondent's
periods of custody be suspended as provided herein.
Respectfully submitted,
IRWIN & IGHT
By: . ?,
Marcus f. M t III, quire
Attorney, r Plaintiff
60 Wes Pomfret Street
Carlisle, sylvania 17013-3222
(717) 249-23
Supreme Court I. D. No. 25476
Date: January 7, 2005
EXHIBIT "A"
SEP 1 6 2004?
JILLENE M. PARMELEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2004-3930 CIVIL TERM
CIVIL ACTION - LAW ?.?
LAWRENCE T. PARMELEE,
Defendant : IN CUSTODY
SEP 2 2 2004
ORDER OF COURT
AND NOW, this day of I 2004,upon
consideration of the attached Custody Cone iliati n Report, it is ordered and directed as
follows:
Mother's Petition for Special Relief is hereby withdrawn.
2. The Mother, Jillene M. Parmelee, and the Father, Lawrence T. Parmelee,
shall have shared legal custody of Brittney L. Parmelee, born November 5, 1989, Devon
L. Parmelee, born April 25, 1994 and Sydney A. Parmelee, born August 19, 1996. Each
parent shall have an equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the children's general well-being including, but
not limited to, all decisions regarding their health, education and religion.
Mother shall have primary physical custody of the children.
4. Father shall have partial physical custody as follows:
A. Beginning October 1, 2004, alternating weekends from Friday at 6:00
p.m. to Sunday at 6:00 p.m. If Father needs to cancel his weekend due
to his work schedule he shall attempt to provide Mother with half day
notice. If said notice is provided, Father shall be entitled to substitute
the following weekend.
B. Such other times as the parties agree.
5. During the summer, Father shall have primary physical custody of Devon
beginning one week after school ends to one week before school starts. Mother shall
have one uninterrupted week of physical custody of Devon during the summer, provided
she give Father 30-day prior notice. Father shall have one uninterrupted week with
Brittney and Sydney during the summer, provided he give 30-day prior notice to Mother.
6. The Thanksgiving holiday shall be from Wednesday after school to
Monday at 6:00 p.m. The parties shall alternate Thanksgiving such that Mother will
always have physical custody of the children in even numbered years and Father shall
have physical custody in odd numbered years.
7. Christmas: Father shall always have physical custody of the children from
December 26 to January 1.
8. The parties shall cooperate with continuing and/or obtaining counseling
for the children.
9. The parties are entitled to liberal telephone contact with the children. In
that regard, the parties are expected to use common sense in scheduling telephone calls to
talk with the children. The parties are hereby directed to refrain from preventing the
party who may be calling from talking to a child, or preventing a child from calling the
other party, provided that the phone calls are not excessively frequent nor too long in
duration that they disrupt a child's schedule. Phone calls initiated by a party should be
kept to a maximum of twenty minutes, and a maximum of three (3) phone calls per week.
10. Neither party shall do or say anything or permit a third party to do or say
anything that may estrange the children from the other parent, injure the opinion of the
children as to the other parent, or hamper the free and natural development of the
children's love and respect for the other parent.
11. Neither party may use corporal punishment on the children nor permit
siblings to hit other siblings.
12. This Order has been entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of this Order
by mutual consent. In the absence of mutual consent, the terms of this Order shall
control.
BY THE COURT,
/-5/
J.
1
ec: Marcus A. McKnight, III, Esquire - Counsel for Mother
Michael Travis, Esquire, , Counsel for Father
RECORD
to set my hand
TRUE COPY FROM
Ed L-,
SEP 1 6 2C04,r
JILLENE M. PARMELEE,
Plaintiff
V.
LAWRENCE T. PARMELEE,
Defendant
PRIOR JUDGE: None
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:2004-3930 CIVIL TERM
: CIVIL ACTION -LAW
: IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Brittney L. Parmelee November 5, 1989 Mother
Devon L. Parmelee April 25, 1994 Father
Sydney A. Parmelee August 19, 1996 Mother
2. A Conciliation Conference was held in this matter on September 14, 2004.
Mother, Jillene M. Parmelee, was present with her counsel, Marcus A. McKnight, III,
Esquire, and Father, Lawrence T. Parmelee, was present with his counsel, Michael
Travis, Esquire.
3. Father had custody of Devon all summer and enrolled him in school in
New York without Mother's knowledge. Mother also filed a Petition for Special Relief
to have Devon returned. Because of the agreement of the parties, Mother withdraws her
Petition for Special Relief.
4. The parties agreed to an Order in the form attached.
Date Xac Oine M. Verney, Esquire
Custody Conciliator
VERIFICATION
The foregoing Complaint for Custody is based upon information which has been gathered
by counsel and myself in the preparation of this action. I have head the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unworn falsification to authorities.
'%mt ", Gn-li't
BI LENE M. PARMELEE
Date: January 7, 2005
w
JILLENE M. PARMELEE,
Plaintiff/Petitioner
V.
LAWRENCE T. PARMELEE,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2004-3930 CIVIL TERM
IN CUSTODY
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Michael S. Travis, Esq.
3904 Trindle Road
Camp Hill, PA 17011
IRWIN & McKNIGHT
By:
Date: January 7, 2005
Supreme Court I.D. No. 25476
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JILLENE M. PARMELEE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
LAWRENCE T. PARMELEE
DEFENDANT
04-3930 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, January tl, 2005 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 08, 2005 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. 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.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: !s/ Jacqueline M. Verne Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
obi-ryyy? - !!? Z? S°
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?il'u6
Michael S. Travis
Attorney at Law
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
JILLENE M. PARMELEE
Plaintiff/Petitioner
V.
LAWRENCE T. PARMELEE
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2004-3930 CIVIL TERM
IN CUSTODY
ANSWER TO
PETITION FOR MODIFICATION OF CUSTODY
Now comes the Defendant, Lawrence T. Parmelee, by and through his attorney, Michael
S. Travis, and answers the Petition for Modification of Custody as follows:
Admitted on information and belief.
2. Admitted in part, Denied in part. Admitted that the Defendant is Lawrence T.
Parmelee. The Defendant resides at 1 101 Walnut Street, Elmira, NY 14905
3 - 4. Admitted.
5. Denied that Respondent repeatedly violated paragraph ten (10) of the Order of
Court by calling the Petitioner names in front of the children. It is specifically denied that
Respondent threatened to kill his oldest daughter or any person. If the Defendant made any
inappropriate remarks regarding the Petitioner, they would have been caused unintentionally and
by the Petitioner's interference in the Respondent's periods of visitation. Any such remarks were
not intended for the children to hear. Several unfortunate telephone calls and heated discussions
occurred recently between Petitioner and Respondent for interfering with Respondent's
relationship with his girlfriend.
At the source of the problems is that fact that Petitioner does not wish to divorce from her
spouse, the Respondent. Petitioner's marital infidelity resulted in the divorce, and custody case
herein. Petitioner has stated Respondent will not have custody of the children as long as
Respondent dates his current girlfriend.
Denied that Petitioner should have primary physical custody of the minor
children, Brittney L. Parmelee, Devon L. Parmelee, and Sydney A. Parmelee, and the periods of
custody with the Respondent be suspended until he completes counseling for anger management.
Petitioner has engaged in a pattern of behavior designed to draw explosive confrontations with
Respondent. Respondent's handling of the incidents have been appropriate and measured to
attempts by Petitioner to interfere with his ongoing relationships and visitation of the children,
Denied that it is in the best interest of the children that the Court grant Petitioner's
request.
WHEREFORE, Respondent, Lawrence T. Parmelee, respectfully requests that this
Honorable Court deny the Petition.
Z
Date: a O '
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
Attorney for Respondent/Father
PO
JILLENE M. PARMELEE ) IN THE COURT OF COMMON PLEAS
Plaintiff/Petitioner ) CUMBERLAND COUNTY, PENNSYLVANIA
V. ) CIVIL ACTION - LAW
LAWRENCE T. PARMELEE ) NO. 2004-3930 CIVIL TERM
Defendant/Respondent ) IN CUSTODY
VER[F[CATION
I verify that I have read the statements contained in the foregoing document and that they
are true and correct to the best of my knowledge, information and helief. I understand that false
statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn
falsification to authorities.
I-- Lawrence T. Parmelee, Respondent
Date:
n?f
JILLENE M. PARMELEE
Plaintiff/Petitioner
V.
LAWRENCE T. PARMELEE
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2004-3930 CIVIL TERM
IN CUSTODY
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing documents was served on the below
person(s) by first class U. S. Mail, postage prepaid:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Promfret Street
Carlisle, PA 17013
Jacqueline M. Verney, Esquire
44 S. Hanover Street
Carlisle, PA 17013
Attorney at Law
3904 Trindle Road
Camp Hill, PA 17011
ID No. 77399
717-731-9502
Date: 1 a ? ??
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FEB 0 9 2005 , --
JILLENE M. PARMELEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2004-3930 CIVIL TERM
CIVIL ACTION - LAW
LAWRENCE T. PARMELEE, .
Defendant : IN CUSTODY
ORDER OF C011111-
AND NOW, this _ LQ "7day of T::' _, 2005, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
I . The prior Order of Court dated September 21, 2004 shall remain in full
force and effect with the following modifications.
2. Both parents shall attend a seminar for separating parents similar to the
one presented by Innerworks for Dauphin County. They shall schedule their session
within 30 days of the date of this Order.
Father shall arrange for family counseling between himself and Britmey as
soon as practicable.
4. Father and Brittney shall establish a no conflict zone to be in place when
they are together. Father and daughter shall not discuss custody or Mother and her
situation during their periods of custody and shall avoid volatile topics and accusations.
5. Exchange of custody shall occur at the North Middleton Township police
station located on Route 34 in Carlisle, Pennsylvania.
6. This Order has been entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of this Order
by mutual consent. In the absence of mutual consent, the terms of this Order shall
control. Either party may contact the conciliator for a telephone conferenc
BY THF/COURT
cc: arc us A. McKnight, III, Esquire - Counsel for Mother.
chael Travis, Esquire, Counsel for Father J+"
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FEB 0 9 200 JILLENE M. PARMELEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :2004-3930 CIVIL TERM
: CIVIL ACTION -LAW
LAWRENCE T. PARMELEE, .
Defendant : IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Brittney L. Parmelee November 5, 1989 Mother
Devon L. Parmelee April 25, 1994 Mother
Sydney A. Parmelee August 19, 1996 Mother
2. A Conciliation Conference was held in this matter on February 8, 2005.
Mother, Jillene M. Parmelee, was present with her counsel, Marcus A. McKnight, III,
Esquire, and Father, Lawrence T. Parmelee, was present with his counsel, Michael
Travis, Esquire.
3. The Honorable Edgar B. Bayley entered an Order of Court dated
September 21, 2004 providing for shared legal custody, Mother having primary physical
custody and Father having alternating weekends, holidays and Devon for the summer.
4. The parties agreed to an Order in the form attached.
Date acq me M. Verney, Esquire
Custody Conciliator
JILLENE M. PARMELEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. 04-3930 CIVIL ACTION -LAW
LAWRENCE T. PARMELEE
Defendant/Respondent IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW, this 31st day of October 2005, comes the Plaintiff/Petitioner, Jillene M.
Parmelee, by her attorneys, Irwin & McKnight, and makes the following Petition for Special
Relief against the Defendant/Respondent, Lawrence T. Parmelee:
1.
The Petitioner is Jillene M. Parmelee, an adult individual who resides at 140 Wagner
Street, Carlisle, Cumberland County, Pennsylvania 17013.
2.
The Respondent is Lawrence T. Parmelee, an adult individual whose address is 110
Walnut Street, Elmira, New York 14905
3.
The parties entered into a Settlement Agreement before E. Robert Elicker, 11, the Divorce
Master, on December 27, 2004. A copy of the Agreement is attached hereto and marked as
Exhibit "A".
2
4.
The parties were divorced on February 1, 2005. A copy of the Divorce Decree is attached
hereto and marked as Exhibit "B"
5.
In the Settlement Agreement, the Defendant agreed to the following:
A. The Defendant agreed to pay the sum of Five Hundred and no/100 ($500.00)
Dollars per month began February 2005 for a period of two (2) years. Thereafter,
the alimony would be lowered to Four Hundred and no/l00 ($400.00) Dollars per
month for two (2) additional years; and for the final two (2) years, the alimony
would be modified to Three Hundred and no/100 ($300.00) Dollars per month.
B. The Defendant was required to provide a Qualified Domestic Relations Order
which would pay the Plaintiff the total sum of Three Thousand and no/100
($3,000.00) Dollars.
C. The Defendant was required to provide a Qualified Domestic Relations Order for
payment of 50% of the Marconi retirement funds to the Plaintiff.
6.
The Petitioner requests the following relief
A. A Court Order which enters the alimony award for $500.00 per month beginning
in February 2005 for two years; alimony award for $400.00 per month beginning
in February 2007 for two years; and an alimony award for $300.00 per month
beginning in February 2009 for two years.
B. That the Defendant/Respondent be required to supply all information necessary to
provide the Qualified Domestic Relations Order and to sign any Stipulation in
order to pay the Plaintiff/Petitioner the sum of $3,000.00
C. That the Defendant/Respondent be required to supply all information necessary to
provide for the Qualified Domestic Relations Order required to allocate 50% of
the Marconi retirement funds to Plaintiff/Petitioner.
D. That the Defendant/Respondent pay reasonable attorney fees for the costs of
litigation of this Petition for Special Relief in the amount of $500.00.
WHEREFORE, the Plaintiff/Petitioner, Jillene M. Parmelee, respectfully requests this
Honorable Court enter an Order against the Defendant/Respondent, Lawrence T. Parmelee, as set
forth above.
Respectfully submitted,
IRWIN & McKNIGHT
By:
Marius A. Mcj nigh(, I, Esquire
for
60 West Pomtret StreV
Carlisle, Pennsylvania 17013-3222
717-249-2353
Supreme Court I.D. No: 25476
Date: October 31, 2005
4
EXHIBIT L°A"
LAWRENCE THOMAS PARMELEE,
Plaintiff
V
JILLENE MARIE PARMELEE,
Defendant
THE MASTER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4005 CIVIL
IN DIVORCE
Today is Monday, December 27,
2004. This is the date set for a conference with counsel
and the parties.
Present in the hearing room are the
Plaintiff, Lawrence Thomas Parmelee, and his counsel,
Michael S. Travis, and the Defendant, Jillene Marie
Parmelee, and her counsel, Marcus A. McKnight, III.
A complaint in divorce was filed on August
15, 2003, raising grounds for divorce of irretrievable
breakdown of the marriage
No economic claims were raised
in the complaint.
With respect to grounds for divorce, the
parties have provided the Master affidavits of consent and
waivers of notice of intention to request entry of divorce
decree signed today and dated today. The affidavits and
waivers will be filed by the Master with the Prothonotary;
therefore the divorce can conclude under Section 3301 (c) of
the Domestic Relations Code. Previously it is noted for the
record an affidavit under 3301 (d) was filed on June 1,
2004.
1
On November 30, 2009, wife filed a petition
for economic relief raising economic claims of equitable
distribution, alimony, and counsel fees and expenses.
The parties were married on December 30,
1988, and wife avers the parties separated on June 30, 2003,
and husband avers the parties separated May 20, 2002. The
Master has been advised by counsel that the date of
separation is insignificant with respect to the distribution
of the marital estate.
The parties are the natural parents of three
children all of whom are minors and living with the wife.
The children range in age from 15 to 8 years of age.
After discussion this morning the Master has
been advised that the parties and counsel have reached an
agreement with respect to the outstanding economic issues.
An agreement is going to be placed on the record in the
presence of the parties. The agreement as stated on the
record will be considered the substantive agreement of the
parties not subject to any changes or modifications except
for correction of typographical errors which may be made
during the transcription.
The agreement will be transcribed and then
sent by the Master to counsel to review for typographical
errors. Upon review of the agreement and corrections of any
typographical errors, the Master will ask that the counsel
2
return a signed agreement to the Master. Upon receipt by
the Master of a completed agreement the Master will prepare
an order vacating his appointment and counsel can then file
a praecipe transmitting the record to the court.
It is specifically understood, however, that
upon the statement of the agreement on the record, when the
parties leave the hearing room today, they will be bound by
the terms of the settlement as stated on the record even
though there is no subsequent signing of the agreement
affirming the terms of settlement.
Mr. McKnight.
MR. McKNIGHT: With regard to the alimony
claims raised by the wife, the parties have agreed that
there will be alimony fixed for six years as follows:
For two years following the date of the
divorce husband will pay $500.00 a month. After two years,
it will be modified downward to $400.00 per month for an
additional two years following the divorce, for a total of
four years. Then at that point it will be modified to
$300.00 a month for the final two years of this agreement.
All alimony will terminate six years after
the date of the divorce unless either party dies or wife
cohabitates or remarries, in which case the alimony award
will be terminated if any of those things occur. But, in
any event, the alimony award will cease upon the expiration
3
of the six year period. The alimony award will be paid and
enforced through Domestic Relations.
With regard to the 401(k) and the other
pension plan with the Danaher Corporation, both the
corporate pension and savings plan, there will be a
distribution of $3,000.00 from those plans payable to the
wife, and it will be transferred into an IRA account which
she will establish with a bank, in which case it will be a
tax exempt rollover, and that will be done by benefit of a
QDRO to be prepared by counsel, with both counsel
cooperating and getting the information if necessary to do
that $3,000.00 rollover.
With regard to the Marconi, after deduction
for the full cost of the survivor benefit, any retirement
benefit from the Marconi pension plan of the husband's
employer will be paid 50 percent to wife, 50 percent to the
husband, and each party will be responsible for their
personal income taxes with respect to the payment of the
pension benefit.
Husband agrees to make an election to provide
to wife the full survivor benefit available through the
company plan at the time of his retirement.
All tangible personal property has already
been divided by the parties. Each one maintains full
ownership of all assets in their own possession.
4
All marital debt was dealt with in
bankruptcies which they've each filed and taken care of in
the year 2003. In addition to that, the wife has agreed to
sign any documents necessary to give husband the benefit of
the income tax exemptions for the oldest child, Brittany
Parmelee, and any documents that are necessary to sign wife
agrees to sign, until the child reaches majority or
completes college.
The parties agree to waive their claims for
counsel fees and costs in this case.
THE MASTER: Mr. Travis, anything else you
want to have on the record?
MR. TRAVIS: No. That's everything.
THE MASTER: He's going to read this on the
record, but I'll give you a copy.
MR. MCKNIGHT: One additional thing:
The 50 percent pension benefits will be done
by QDRO, which the parties will agree to cooperate in
preparing, with husband getting the necessary benefit
through his counsel, and wife's counsel working with
husband's counsel in preparing the final QDRO suitable for
use by the pension provider.
Except as herein otherwise provided, each
party may dispose of his or her property in any way and each
party hereby waives and relinquishes any and all rights he
5
or she may now have or hereafter acquire under the present
or future laws of any jurisdiction to share in the property
or the estate of the other as a result of the marital
relationship including without limitation, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other, and right to act as
administrator or executor in the other's estate. Each will
at the request of the other execute, acknowledge, and
deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims.
THE MASTER: Now, Mr. Travis, go on the
record with your client.
EXAMINATION
BY MR. TRAVIS:
Q Mr. Parmelee, have you been present during
the recitation of this agreement?
A Yes.
Q Did you hear here the terms that were
outlined by Mr. McKnight?
A Yes.
Q Do you understand the terms of these -- of
this agreement?
A Yes.
6
Q And you have agreed to the terms of this
agreement?
A Yes.
THE MASTER: Mr. McKnight.
EXAMINATION
BY MR. MCKNIGHT:
Q Jillene, you've heard the terms of this
agreement?
A Yes.
Q And you' ve been present for the negotiations
and the discu ssions of all these terms; is that correct?
A Yes.
Q And you' re willing to agree to these terms as
a final reduc tion o f ai l your claims related to this
divorce?
A Yes.
Q And you're perfectly satisfied with the
representation you received today --
A Yes.
Q -- and throughout the course of this case, is
that correct?
A Yes.
THE MASTER: Thank you, counsel. Thank you,
parties. We will get this drafted. And I'm not sure
7
exactly when we'll get this in the mail, but we'll review
for typographical errors. Once they're corrected, if any,
we'll ask you to sign affirming the terms of settlement, and
we will vacate our appointment, and you can file your
praecipe to get the divorce. Any questions? Okay. Thank
you very much.
(Whereupon, the proceeding was concluded.)
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend
to bind myself to the settlement as a contract obligating
myself to the terms of settlement and subjecting myself to
the methods and procedures of enforcement which may be
imposed by law and in particular Section 3105 of the
Domestic Relations Code.
WITNESS: DATE:
c ael S. Travis -.-'Lawrence T. Parmelee
Attorney for Plaintiff
CM&
Ma us 'g ht, III Ji ene M. Parmelee
Atto ey for U
8
EXHIBIT "B"
IN THE O OF COMMON PLEAS
O XT
MBERLAND COUNTY
STATE OF 5 t4. PENNA.
LAWRENCE THOMAS PARMET,EE,
Plaintiff,
VERSUS
JILLENE MARIE PARK=,
Defendant.
NO. 2003 - 4006
DECREE IN
DIVORCE
AND NOW, L? 7_AoS IT IS ORDERED AND
DECREED THAT Lawrence T. Parmelee PLAINTIFF,
AND Jillene M. Parmelee 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;
The Marital Settlement Agreement dated December 27, 2004 is incorporated
but not merged into this Decree.
BY THE COURT:
ATTE
J.
PROTHONOTARY
VERIFICATION
The foregoing document is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unworn falsification to authorities.
LENE M.PARMELEE
Date: October 31, 2005
LAWRENCE T. PARMELEE,
Plaintiff
V.
JILLENE M. PARMELEE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
20034006 CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Michael S. Travis, Esquire
3904 Trindle Road
Camp Hill, PA 17011
By:
60 WestlPo fret Street
Carlisle, PA 013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: November 1, 2005
IRWIN & McKNIGHT
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Michael S. Travis
Attorney at Law
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
JILLENE M. PARMELEE
Plaintiff/Petitioner
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
04-3930 CIVIL ACTION
LAWRENCE T. PARMELEE
Defendant/Respondent
IN CUSTODY
SUGGESTION OF NON-REPRESENTATION
To the Court:
Michael S. Travis, Esquire, has received notice of a Petition for Special Relief
filed by Marcus McKnight, Esquire.
2. Attorney Travis' representation was terminated by Defendant, Lawrence
Parmelee, on May 11, 2005.
3. Attorney McKnight was advised that counsel no longer represents Mr. Parmelee,
but did offer to forward pleadings to Mr. Parmelee's last known address. It is not known if
Defendant has received those pleadings. Mr. Parmelee should be notified directly by opposing
counsel to his last known address.
4. Work on the QDRO discussed in the Petition was not completed because
Petitioner, Jillene Parmelee, failed to supply needed information, after repeated demand.
5. The requested uncompleted QDRO is in possession of Attorney Travis who will
release the draft work on the QDRO, despite the attorney work privilege by Order of Court. The
documents are not in final form.
Date: /J/Z/ps
Respectfully
x?/
Michael S. Travis
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
717-731-9509
JILLENE M. PARMELEE
Plaintiff/Petitioner
V.
LAWRENCE T. PARMELEE
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
04-3930 CIVIL ACTION
IN CUSTODY
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served on the below
persons by first class U.S. Mail, postage prepaid, or the means specified:
Marcus McKnight, Esquire
60 West Pomfret Street
Carlisle, PA 17013-3222
Lawrence T. Parmelee
1101 Walnut Street
Elmira, NY 14905
Date: 111A--?
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
ID No. 77399
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Nov 0 2 2005
BY: V1
JILLENE M. PARMELEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. 04-3930 CIVIL ACTION -LAW
LAWRENCE T. PARMELEE
Defendant/Respondent IN CUSTODY
ORDER OF COURT
AND NOW, this Ctrl day of j '+ is t Yn -? 1 2005, upon consideration of
the attached Petition for Special Relief, a hearing is hereby scheduled for ?? COY 1?? n .a
2005, in Courtroom No. at o'clock M., Cumberland County Courthouse,
1 Courthouse Square, Carlisle, Pennsylvania 17013.
By:
EDGAR B. BAYLEY,
,-Marcus A. McKnight, III, Esq.
Attorney for Plaintiff(Petitioner
/,Vrichael S. Travis, Esq.
Attorney for Defendant/Respondent
J
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L NIN -7 PN I : 149
C'
El I 4k
JILLENE M. PARMELEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. 04-3930 CIVIL ACTION - LAW
LAWRENCE T. PARMELEE
Defendant/Respondent IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW, this 31st day of October 2005, comes the Plaintiff/Petitioner, Jillene M.
Parmelee, by her attorneys, Irwin & McKnight, and makes the following Petition for Special
Relief against the Defendant/Respondent, Lawrence T. Parmelee:
1.
The Petitioner is Jillene M. Parmelee, an adult individual who resides at 140 Wagner
Street, Carlisle, Cumberland County, Pennsylvania 17013.
2.
The Respondent is Lawrence T. Parmelee, an adult individual whose address is 110
Walnut Street, Elmira, New York 14905
3.
The parties entered into a Settlement Agreement before E. Robert Elicker, II, the Divorce
Master, on December 27, 2004. A copy of the Agreement is attached hereto and marked as
Exhibit "A".
2
4.
The parties were divorced on February 1, 2005. A copy of the Divorce Decree is attached
hereto and marked as Exhibit "B".
5.
In the Settlement Agreement, the Defendant agreed to the following:
A. The Defendant agreed to pay the sum of Five Hundred and no/100 ($500.00)
Dollars per month began February 2005 for a period of two (2) years. Thereafter,
the alimony would be lowered to Four Hundred and no/100 ($400.00) Dollars per
month for two (2) additional years; and for the final two (2) years, the alimony
would be modified to Three Hundred and no/100 ($300.00) Dollars per month.
B. The Defendant was required to provide a Qualified Domestic Relations Order
which would pay the Plaintiff the total sum of Three Thousand and no/100
($3,000.00) Dollars.
C. The Defendant was required to provide a Qualified Domestic Relations Order for
payment of 50% of the Marconi retirement funds to the Plaintiff.
6.
The Petitioner requests the following relief:
A. A Court Order which enters the alimony award for $500.00 per month beginning
in February 2005 for two years; alimony award for $400.00 per month beginning
in February 2007 for two years; and an alimony award for $300.00 per month
beginning in February 2009 for two years.
B. That the Defendant/Respondent be required to supply all information necessary to
provide the Qualified Domestic Relations Order and to sign any Stipulation in
order to pay the Plaintiff/Petitioner the sum of $3,000.00
C. That the Defendant/Respondent be required to supply all information necessary to
provide for the Qualified Domestic Relations Order required to allocate 50% of
the Marconi retirement funds to Plaintiff/Petitioner.
D. That the Defendant/Respondent pay reasonable attorney fees for the costs of
litigation of this Petition for Special Relief in the amount of $500.00.
WHEREFORE, the Plaintiff/Petitioner, Jillene M. Parmelee, respectfully requests this
Honorable Court enter an Order against the Defendant/Respondent, Lawrence T. Parmelee, as set
forth above.
Respectfully submitted,
IRWIN & McKNIGHT
?.?.L?
By:
Mar us A. McA igh(, I, Esquire
for
60 West PomfretStreef
Carlisle, Pennsylvania 17013-3222
717-249-2353
Supreme Court I.D. No: 25476
Date: October 31, 2005
4
EXHIBIT "A"
4
LAWRENCE THOMAS PARMELEE,
Plaintiff
V
JILLENE MARIE PARMELEE,
Defendant
THE MASTER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4006 CIVIL
IN DIVORCE
Today is Monday, December 27,
2004. This is the date set for a conference with counsel
and the parties.
Present in the hearing room are the
Plaintiff, Lawrence Thomas Parmelee, and his counsel,
Michael S. Travis, and the Defendant, Jillene Marie
Parmelee, and her counsel, Marcus A. McKnight, III.
A complaint in divorce was filed on August
15, 2003, raising grounds for divorce of irretrievable
breakdown of the marriage. No economic claims were raised
in the complaint.
With respect to grounds for divorce, the
parties have provided the Master affidavits of consent and
waivers of notice of intention to request entry of divorce
decree signed today and dated today. The affidavits and
waivers will be filed by the Master with the Prothonotary;
therefore the divorce can conclude under Section 3301 (c) of
the Domestic Relations Code. Previously it is noted for the
record an affidavit under 3301 (d) was filed on June 1,
2004.
1
on November 30, 2004, wife filed a petition
for economic relief raising economic claims of equitable
distribution, alimony, and counsel fees and expenses.
The parties were married on December 30,
1988, and wife avers the parties separated on June 30, 2003,
and husband avers the parties separated May 20, 2002. The
Master has been advised by counsel that the date of
separation is insignificant with respect to the distribution
of the marital estate.
The parties are the natural parents of three
children all of whom are minors and living with the wife.
The children range in age from 15 to 8 years of age.
After discussion this morning the Master has
been advised that the parties and counsel have reached an
agreement with respect to the outstanding economic issues.
An agreement is going to be placed on the record in the
presence of the parties. The agreement as stated on the
record will be considered the substantive agreement of the
parties not subject to any changes or modifications except
for correction of typographical errors which may be made
during the transcription.
The agreement will be transcribed and then
sent by the Master to counsel to review for typographical
errors. Upon review of the agreement and corrections of any
typographical errors, the Master will ask that the counsel
2
return a signed agreement to the Master. Upon receipt by
the Master of a completed agreement the Master will prepare
an order vacating his appointment and counsel can then file
a praecipe transmitting the record to the court.
It is specifically understood, however, that
upon the statement of the agreement on the record, when the
parties leave the hearing room today, they will be bound by
the terms of the settlement as stated on the record even
though there is no subsequent signing of the agreement
affirming the terms of settlement.
Mr. McKnight.
MR. McKNIGHT: With regard to the alimony
claims raised by the wife, the parties have agreed that
there will be alimony fixed for six years as follows:
For two years following the date of the
divorce husband will pay $500.00 a month. After two years,
it will be modified downward to $400.00 per month for an
additional two years following the divorce, for a total of
four years. Then at that point it will be modified to
$300.00 a month for the final two years of this agreement.
All alimony will terminate six years after
the date of the divorce unless either party dies or wife
cohabitates or remarries, in which case the alimony award
will be terminated if any of those things occur. But, in
any event, the alimony award will cease upon the expiration
3
of the six year period. The alimony award will be paid and
enforced through Domestic Relations.
With regard to the 401(k) and the other
pension plan with the Danaher Corporation, both the
corporate pension and savings plan, there will be a
distribution of $3,000.00 from those plans payable to the
wife, and it will be transferred into an IRA account which
she will establish with a bank, in which case it will be a
tax exempt rollover, and that will be done by benefit of a
QDRO to be prepared by counsel, with both counsel
cooperating and getting the information if necessary to do
that $3,000.00 rollover.
With regard to the Marconi, after deduction
for the full cost of the survivor benefit, any retirement
benefit from the Marconi pension plan of the husband's
employer will be paid 50 percent to wife, 50 percent to the
husband, and each party will be responsible for their
personal income taxes with respect to the payment of the
pension benefit.
Husband agrees to make an election to provide
to wife the full survivor benefit available through the
company plan at the time of his retirement.
All tangible personal property has already
been divided by the parties. Each one maintains full
ownership of all assets in their own possession.
4
All marital debt was dealt with in
bankruptcies which they've each filed and taken care of in
the year 2003. In addition to that, the wife has agreed to
sign any documents necessary to give husband the benefit of
the income tax exemptions for the oldest child, Brittany
Parmelee, and any documents that are necessary to sign wife
agrees to sign, until the child reaches majority or
completes college.
The parties agree to waive their claims for
counsel fees and costs in this case.
THE MASTER: Mr. Travis, anything else you
want to have on the record?
MR. TRAVIS: No. That's everything.
THE MASTER: He's going to read this on the
record, but I'll give you a copy.
MR. MCKNIGHT: One additional thing:
The 50 percent pension benefits will be done
by QDRO, which the parties will agree to cooperate in
preparing, with husband getting the necessary benefit
through his counsel, and wife's counsel working with
husband's counsel in preparing the final QDRO suitable for
use by the pension provider.
Except as herein otherwise provided, each
party may dispose of his or her property in any way and each
party hereby waives and relinquishes any and all rights he
5
or she may now have or hereafter acquire under the present
or future laws of any jurisdiction to share in the property
or the estate of the other as a result of the marital
relationship including without limitation, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other, and right to act as
administrator or executor in the other's estate. Each will
at the request of the other execute, acknowledge, and
deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims.
THE MASTER: Now, Mr. Travis, go on the
record with your client.
EXAMINATION
BY MR. TRAVIS:
Q Mr. Parmelee, have you been present during
the recitation of this agreement?
A Yes.
Q Did you hear here the terms that were
outlined by Mr. McKnight?
A Yes.
Q Do you understand the terms of these -- of
this agreement?
A Yes.
6
Q And you have agreed to the terms of this
agreement?
A Yes.
THE MASTER: Mr. McKnight.
EXAMINATION
BY MR. MCKNIGHT:
Q Jillene, you've heard the terms of this
agreement?
A Yes.
Q And you've been present for the negotiations
and the discussions of all these terms; is that correct?
A Yes.
Q And you're willing to agree to these terms as
a final reduction of all your claims related to this
divorce?
A Yes.
Q And you're perfectly satisfied with the
representation you received today --
A Yes.
Q -- and throughout the course of this case, is
that correct?
A Yes.
THE MASTER: Thank you, counsel. Thank you,
parties. We will get this drafted. And I'm not sure
7
I exactly when we'll get this in the mail, but we'll review
for typographical errors. Once they're corrected, if any,
we'll ask you to sign affirming the terms of settlement, and
we will vacate our appointment, and you can file your
praecipe to get the divorce. Any questions? Okay. Thank
you very much.
(Whereupon, the proceeding was concluded.)
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend
to bind myself to the settlement as a contract obligating
myself to the terms of settlement and Subjecting myself to
the methods and procedures of enforcement which may be
imposed by law and in particular Section 3105 of the
Domestic Relations Code.
WITNESS: DATE:
/If c ael S. Travis v 'Lawrence T. Parmelee
Attorney for Plaintiff
I e - N?
--:? Z-, 7 CM"
Ma us I ht, g III Ji ene M. Parmelee
At o ey for De en dant U
8
EXHIBIT °B"
IN THE O T OF COMMON PLEAS
O UMBERLANDCOUNTY
STATE OF PENNA.
LAWRENCE THOMAS PAPJv=,
Plaintiff
NO. 2003 - 4006
VERSUS
JILLFNF MARIF PARK=,
Defendant.
DECREE IN
,DIVORCE
AND NOW, L`„ i , 7 nOS^ IT IS ORDERED AND
DECREED THAT Lawrence T. Parmelee PLAINTIFF,
AND Jillene M. Parmelee 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;
The Marital Settlement Agreement dated December 27, 2004 is incorporated
but not merged into this Decree.
BY THE COURT:
A
J.
PROTHONOTARY
VERIFICATION
The foregoing document is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unworn falsification to authorities.
I>
J LENE M. PARMELEE
Date: October 31, 2005
LAWRENCE T. PARMELEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. 20034006 CIVIL ACTION - LAW
JILLENE M. PARMELEE,
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Michael S. Travis, Esquire
3904 Trindle Road
Camp Hill, PA 17011
By:
60 WestlPo fret Street
Carlisle, PA 013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: November 1, 2005
IRWIN & McKNIGHT
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JILLENE M. PARMELEE,
Plaintiff/Petitioner
V.
LAWRENCE T. PARMELEE,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2004-3930 CIVIL TERM
IN CUSTODY
AFFIDAVIT OF SERVICE OF
PETITION FOR SPECIAL RELIEF
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and
state:
1. That he is a competent adult and attorney for the plaintiff/petitioner in the above-captioned
action in custody.
2. That a certified copy of the Petition for Special Relief was served upon the
defendant/respondent, Lawrence T. Parmelee, on November 12, 2005, by certified mail, addressed to him
at 1101 Walnut Street, Elmira, New York 14905, with Return Receipt Number 7003 3110 0004 5770
7388.
3. That the said receipt for certified mail is signed and attached hereto and made a part hereof.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unworn
falsification to authorities. /1 A /
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for
ESQUIRE
Date: November 16th, 2005
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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:
MR LAWRENCE T PARMELEE
1101 WALNUT STREET
ELMIRA NY 14905
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If YES, enter delivery address below: 0 No
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JILLENE M. PARMELEE, ) IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent, ) CUMBERLAND COUNTY, PENNSYLVANIA
VS. ) No. 2004-3930 CIVIL ACTION LAW
LAWRENCE T. PARMELEE, ) IN CUSTODY
Petitioner/Defendant. )
ORDER OF COURT
AND NOW, , 2008, upon consideration of the attached complaint,
it is hereby directed that the parties and their respective counsel appear before
, the conciliator, at on the day of
200_, at in., 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.
FOR THE COURT,
By:
Custody Conciliator
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 before the court. You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
JILLENE M. PARMELEE,
Plaintiff/Respondent,
VS.
LAWRENCE T. PARMELEE,
Petitioner/Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2004-3930 CIVIL ACTION LAW
IN CUSTODY
PETITION FOR MODIFICATION
OF A PARTIAL CUSTODY
OR VISITATION ORDER OF DEVON L. PARMELEE
1. The petition of Lawrence T. Parmelee, Father, respectfully represents that on
February 10, 2005, and Order of Court was entered for partial custody / visitation, a copy of
which is attached.
2. This Order should be modified because: substantial changes have occurred since
the entry of the February 10, 2005 Order. The Child and Father desire that the Father should be
the primary physical custodian of Devon L. Parmelee.
WHEREFORE, Petitioner requests that the Court modify the existing Order for partial
L. Parmelee.
custody/visitation because it will be in the beswaravis'
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
mstgmtravislaw.com
Attorney for Petitioner/Father
Date: sIo?7149Y
RLLENE M. PARMELEE, ) IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent, ) CUMBERLAND COUNTY, PENNSYLVANIA
VS. ) No. 2004-3930 CIVIL ACTION LAW
LAWRENCE T. PARMELEE, ) IN CUSTODY
Petitioner/Defendant. )
VERIFICATION
I verify that the statements made in this Petition 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.
,200k
Date Lawre. Par
melee, Father
c" U J
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FED 0 9 2o?5r
JILLENE M. PARMELEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2004-3930 CIVIL TERM
: CIVIL ACTION - LAW
LAWRENCE T. PARMELEE,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 16A day of 4 t 2005 u on
consideration of the attached Custody Conciliation Repo fit ordered and directed as
follows:
1. The prior Order of Court dated September 21, 2004 shall remain in full
force and effect with the following modifications.
2. Both parents shall attend a seminar for separating parents similar to the
one presented by Innerworks for Dauphin County. They shall schedule their session
within 30 days of the date of this Order.
3. Father shall arrange for family counseling between himself and Brittney as
soon as practicable.
4. Father and Brittney shall establish a no conflict zone to be in place when
they are together. Father and daughter shall not discuss custody or Mother and her
situation during their periods of custody and shall avoid volatile topics and accusations.
5. Exchange of custody shall occur at the North Middleton Township police
station located on Route 34 in Carlisle, Pennsylvania.
6. This Order has been entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of this Order
by mutual consent. In the absence of mutual consent, the terms of this Order shall
control. Either party may contact the conciliator for a telephone conference.
BY THE COURT,
&4A
LL..._
J.
cc: Marcus A. McKnight, III, Esquire - Counsel for Mo er
Michael Travis, Esquire, Counsel for Father
TRUE COPY FROM RECORD
In Testimony wl;.-;reof, I hare unto set my hand
an ne seal of sai Court aLLa lisl e, a
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JILLENE M. PARMELEE,
Plaintiff
V.
LAWRENCE T. PARM.ELEE,
Defendant
SEP 16 2004
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.2004-3934 CIVIL TERM
: CVIL ACTION'- LAW
IN CUSTODY
ORDER OF-COURT
AND NOW, this day of
, 2004, upon
consideration of the attached Custody Conciliati n Report, it is ordered and directed as
follows:
l . Mother's Petition for Special Relief is hereby withdrawn.
2. The Mother, Jillene M. Parmelee, and the Father, Lawrence T. Parmelee,
shall have shared legal custody of Brittney L. Parmelee, born November 5, 1489, Devon
L Parmelee, born April 2;5, 1994 and Sydney A. Parmelee, born August 19,19%. Each
parent shall have an equal right, to be exercised jointly with. the. other parent, to make all
major non-emergency decisions affecting the children's general well-being including, but
not limited to, all decisions regarding their health, education and religion.
3. Mother shall have primary physical custody of the children.
4. Father shall have partial physical custody as follows:
A. Beginning October 1, 2004, alternating weekends from Friday at 6:00
p.m. to Sunday at 6:00 p.m. If Father needs to cancel his weekend due
to his work schedule he, shall attempt to provide Mother with half day
notice. If said notice is provided, Father shall be entitled to substitute
the following weekend:
B. Such ether times as the parties agree..
5. During the summer, Father shall have primary physical custody of Devon
beginning one weer after school ends to one week before school starts. Mother shall
have one uninterrupted week of physical custody of Devon during the summer, provided
she give Father 30-day prior notice, Father shall have one uninterrupted week with
Brittney and Sydney during the summer, provided he give 30-day prior notice to Mother.
6. The Thanksgiving holiday shall be from Wednesday after school to
Monday at 6:00 p.m. The parties shall alternate Thanksgiving such that Mother will
a ,
always have physical custody of the children in even numbered years and Father shall
have physical custody in odd numbered years:
7. Christmas: Father shall always have physical custody of the children from
December 26 to January 1.
8. The parties shall cooperate with continuing and/or obtaining counseling
for the children.
• The parties are entitled to liberal telephone contact with the children, In
that regard, the parties are expected to use common sense in scheduling telephone calls to
talk with the children. The parties are hereby directed to refrain from preventing the
party who may be calling from talking to a child, or preventing a child from calling the
other party, provided that the phone calls are not excessively frequent nor too long in
duration that they disrupt a child's schedule. Phone calls initiated by a party should be
kept to a maximum of twenty minutes, and a maximum of three (3) phone calls per week.
10, Neither party shall do or say anything or permit a third party to do ar say
anything that may estrange the children from the other parent, injure the opinion of the
children as to the other parent, or hamper the free and natural development of the
children's love and respect for the other parent:
IL . Neither party may use corporal punishment on the children nor permit
siblings to hit other siblings.
12. This Carder has been entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of this Carder
by mutual consent. In the absence of mutual consent, the teens of this Carder shall
control.
BY THE COURT,
T.
cc: Marcus A. McKnight, 1U, Esquire - Counsel for Mother
Michael Travis, Esquire, ; Counsel for Father
TRUE COPY l= 01M RECORD
4n T firnonYh r:cs; to set my frond
a t a seal of said C urt Aisle pa.
T .....#
JILLENE M. PARMELEE,
Plaintiff/Respondent,
VS.
LAWRENCE T. PARMELEE,
Petitioner/Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2004-3930 CIVIL ACTION LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served on the below
persons by first class U.S. Mail, postage prepaid:
Marcus A. McKnight, III, Esquire
60 West Pomfret Street
Carlisle, PA 17013-3222
Jillene M. Parmelee
140 Wagner Street
Carlisle, PA 17013
Date: sew/r
ael raves
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
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JILLENE M. PARMELEE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
LAWRENCE T. PARMELEE
DEFENDANT
2004-3930 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, May 30, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 26, 2008 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/ ac ueline M. Verne Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
-4a-h /f
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JILLENE M. PARMELEE,
Plaintiff/Respondent
VS.
LAWRENCE T. PARMELEE
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 2004-3930
IN CUSTODY
PRAECIPE TO WITHDRAW PETITION TO MODIFY CUSTODY
To the Prothonotary:
Lawrence T. Parmelee withdraws his Petition to Modify Custody or
Visitation of Devon L. Parmelee.
Attorney for Petitioner/
Defendant
Date: -7//G /,)?
327u4 i nnaie rsoao
Camp Hill, PA 17011
717-731-9502
mst@mtravislaw.com
r' rp
JILLENE M. PARMELEE,
Plaintiff/Respondent
VS.
LAWRENCE T. PARMELEE
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 2004-3930
IN CUSTODY
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served
on the below persons by first class U.S. Mail, postage prepaid:
Marcus A. McKnight, III, Esquire
60 West Pomfret Street
Carlisle, PA 17013-3222
Jillene M. Parmelee
140 Wagner Street
Carlisle, PA 17013
Jacqueline M. Verney, Esquire
44 S. Hanover Street
Carlisle, PA 17013
-7114 IeK
Attorney for Petitioner
IVIKA IdCI 0. 1 1 av15
3904 Trindle Road
Camp Hill, PA 17011
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'JUL 17 20u?
JILLENE M. PARMELEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2004-3930 CIVIL ACTION - LAW
LAWRENCE T. PARMELEE, .
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 17th day of July, 2008, being advised that matter has been settled
and discontinued, the Conciliator hereby relinquishes jurisdiction in this matter.
FOR THE COURT,
acq line M. Verney, Esquire, Custo Conciliator
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JILLENE M. PARMELEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2004-3930 CIVIL ACTION - LAW
LAWRENCE T. PARMELEE
Defendant/Respondent : IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW, this 8th day of October 2008, comes the Plaintiff/Petitioner, Jillene M.
Parmelee, by her attorneys, Irwin & McKnight, and makes the following Petition for Special
Relief against the Defendant/Respondent, Lawrence T. Parmelee:
1.
The Petitioner is Jillene M. Parmelee, an adult individual who resides at 140 Wagner
Street, Carlisle, Cumberland County, Pennsylvania 17013.
2.
The Respondent is Lawrence T. Parmelee, an adult individual who resides at 5420 Spring
Road, Apartment 2, Shermans Dale, Pennsylvania 17090.
3.
The parties are the natural parents of minor children, Devon L. Parmelee, born April 25,
1994, age 14; and Sydney A. Parmelee, born August 19, 1996, age 12. There are existing Court
Orders dated September 21, 2004 and February 10, 2005, copies of which are attached hereto and
marked as Exhibit "A".
4.
The Defendant/Respondent, Lawrence T. Parmelee,L has and continues to become
enraged, screaming at the children, throwing objects and punching walls in the presence of said
minor children. The children are afraid and the youngest child, Sydney A. Parmelee, refuses to
go with the Defendant/Respondent during his periods of temporary custody.
5.
The Defendant/Respondent has kept the oldest child, Devon L. Parmelee, from the
Plaintiff/Petitioner on two (2) occasions in violation of Court Order. He took said minor child on
September 17, 2008 and returned him on Monday, September 22, 2008 at 8:30 p.m.
6.
The Defendant/Respondent refuses to communicate with the Plaintiff/Petitioner except by
showing up at her home to yell at her. He also refuses to exchange the children at the North
Middleton Township Police Station.
7.
If said minor child, Devon L. Parmelee, remains with the Defendant/Respondent, he will
be unable to attend Carlisle High School.
8.
The Plaintiff/Petitioner, Jillene M. Parmelee, requests the following special relief.
A. The Court direct the Defendant/Respondent, Lawrence T. Parmelee, to effect the
immediate return of said minor child, Devon L. Parmelee, to Plaintiff/Petitioner,
Jillene M. Parmelee.
B. Family counseling for both of the parents and said minor children.
C. Anger management counseling for the Defendant/Respondent, Lawrence T.
Parmelee.
D. Payment of counseling costs to be assessed to the Defendant/Respondent,
Lawrence T. Parmelee.
E. Reasonable legal fees of $500.00 be awarded to the Plaintiff/Petitioner, Jillene M.
Parmelee, for payment of her legal costs and fees of this Petition and any hearing
required by Court.
WHEREFORE, the Plaintiff/Petitioner, Jillene M. Parmelee, respectfully requests this
Honorable Court enter an Order of Court granting the relief requested in paragraph eight (8)
above.
Respectfully submitted,
IRWIN & McI04IGHT
Blow
y:
Marcus/A. McKnighA III, Esquire
Attorney for Pl nti titioner
60 West Porn t Str
Carlisle, Pennsylvania 17013-3222
717-249-2353
Supreme Court I.D. No: 25476
Date: October 8, 2008
4
EXHIBIT "A"
?s- FEB 0 9 2u05 ti
i,
3ILLENE M. PARMELEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2004-39-30 CIVIL TERM
: CIVIL ACTION - LAW
LAWRENCE T. PARMELEE,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this day of Jj j? j j3 h1Z , 2005, upon
consideration of the attached Custody Conciliation Repo it is ordered and directed as
follows:
1. The prior Order of Court dated September 21, 2004 shall remain in full
force and effect with the following modifications.
2. Both parents shall attend a seminar for separating parents similar to the
one presented by Innerworks for Dauphin County. They shall schedule their session
within 30 days of the date of this Order.
3. Father shall arrange for family counseling between himself and Brittney as
soon as practicable.
4. Father and Brittney shall establish a no conflict zone to be in place when
they are together. Father and daughter shall not discuss custody or Mother and her
situation during their periods of custody and shall avoid volatile topics and accusations.
5. Exchange of custody shall occur at the North Middleton Township police
station located on Route 34 in Carlisle, Pennsylvania.
6. This Order has been entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of this Order
by mutual consent. In the absence of mutual consent, the terms of this Order shall
control. Either party may contact the conciliator for a telephone conference.
BY THE COURT,
A^ t'
J.
ce: Marcus A. McKnight, III, Esquire - Counsel for Mo er
Michael Travis, Esquire, Counsel for Father
TRUE COPY FROM RECORD
In Testimony whmeof, I here unto set my hand
an he seal of sai Court ? lisle, pa,
T i ......??..... div ',AtT-CP
,;;;7- U A
SEP. 18 2004 .,01.
JILLENE M. PARMELEE, ; IN THE COURT OF C.94-1 ON `I?1t.-A U?'
Plaintiff : CUMPERLAI'? C,0UNTVT PENN`` 'itVANIA
V. : NO. 2004-39-30 CIVIL TEA1VI
CIVIL ACTION - LAW'
LAWRENCE T. PARMELEE,
Defendant : IN CUSTODY
s
ORDER OF CO . ?n
AND NOW, this day of 2004;. upon
?
consideration of the attached Custody Conctliati n Reptrt, it is oft
..d and dix#ed as
follows:
1. Mother's Petition for Special Relief is hereby xithdrawn.
2. The Mather, Jillene M. Parmelee, and the Father, Lawrence T; Pa tielee
,
shall have shared legal. custody of Brittney. L. Parmelee, born November 5, 19g9, beoor?
L. Parmelee, born April 25, 1994 and Sydney A. Parmelee, born ?tiegust 19. .9% Each
parent shall have an equal right, to be exercised jointly with the.other parent,... Make all
major non-emergency decisions affecting the children's general w,.e Tieing iacl'u?ltng, btrt ,
'
not limited to, all. decisions
regarding theirhdalth education an. elr
c?
3. Mother shall have primary physical custody of the children.
: 4. Father :shal[have partial physical custody as fallo??vs:
A. Beginning October 1, 2004, alternating weekends from Frttta at b 00
p.m. to Sunday at 6:00 p:m. If Father needs to cancel his weekend due .'
to his work schedule. he shall attempt to provrtte htidther with half day ;.
notice. If said notice is provided, Father shall be mnfitled to sostitute
the following weekend.
B. Such tither times as the parties agree.
5. During the summer, Father shall have primary physical custody of'.Devon -
beginning one week after school. ends to atre vreek before school stmts. N4otrslall
have one uninterrupted week ofphysical: custody of Devon dunngihe sutnrh r,'provided .
she give lather 30-day prior,notice. Father shall have one unintermpted week viii
Brittney and Sydney during. the summer, provided he give 3Q-day dor notrce:to. Iotl10r '
.
6. The Thanksgiving holiday. shall be from "Wednes#ay after schaoi to
Monday at 6:00 p.m. The parties shall alternate Thanksgiving such ttiat Mother v ul
- .. - ... - WAS
JILLENE M. PARMELEE,
Plaintiff/Respondent,
VS.
LAWRENCE T. PARMELEE,
Petitioner/Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2004-3930 CIVIL ACTION LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served on the below
persons by first class U.S. Mail, postage prepaid:
Marcus A. McKnight, III, Esquire
60 West Pomfret Street
Carlisle, PA 17013-3222
Jillene M. Parmelee
140 Wagner Street
Carlisle, PA 17013
Date: w-//w
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
VERIFICATION
The foregoing document is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unworn falsification to authorities.
C ??
M. PARMELEE
Date: October 8, 2008
5
JILLENE M. PARMELEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2004-3930 CIVIL ACTION - LAW
LAWRENCE T. PARMELEE
Defendant/Respondent : IN CUSTODY
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Michael S. Travis, Esquire
3904 Trindle Road
Camp Hill, PA 17011
IRWIN & McKNIGHT
By: Marcus ight, II s
60 West Po fret Street
Carlisle, P 17013
(717) 249-2
Supreme Court I. . o. 5476
Date: October 8, 2008
d ?
r-
Michael S. Travis
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
mst@ mtravislaw
Attorney for Defendant
JILLENE M. PARMELEE
Plaintiff/Petitioner
VS.
LAWRENCE T. PARMELEE
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-3930 Civil Action Law
ANSWER TO
PETITION FOR SPECIAL RELIEF
NOW COMES the Defendant, Lawrence T. Parmelee by and through the
office of the below signed counsel, and answers the Petition for Special Relief as
follows:
1 - 3. Admitted.
4. Denied. It is denied that the Defendant has and continues to
become enraged, screams at the children, throws objects or punches the walls in
the presence of the children. It is denied that the children are afraid and that the
child Syndey refuses to go with the Defendant during his periods of custody.
By way of further answer, on September 5, 2008. the Respondent
appeared at the Petitioner's house for his period of visitation. He honked his
horn in the usual fashion. The Petitioner's phone either does not work or she
fails habitually to answer. After 15 minutes, Respondent went to Devon's friend's
house to search for his whereabouts. Having not located him, he went back to
Petitioner's house and honked his horn. Thereafter, Petitioner, her boyfriend,
Brittney Parmelee, and Syndey appeared out front and an argument ensued
about who had been blowing the horn for 15 minutes. At no time prior had there
been a problem with custody exchanges in this fashion. The Respondent did not
receive his periods of custody as outlined in the Court's Order of September 21,
2004, or February 10, 2005. During the above incident, Petitioner advised
Sydney that "she did not have to go" with her Father if she did not want to.
5. Admitted in part, denied in part. Admitted that Respondent did
have Devon on the periods stated. Devon was suspended from school, and his
principal called Respondent and asked him to get him from school. Father
maintained custody throughout the period in question so that his son was
supervised during the period in question. Devon and Respondent did convey the
intentions to do so, and Petitioner did not object.
6. It is denied that Defendant refuses to communicate with Petitioner
except by showing up and yelling. Respondent is unable to call Petitioner as her
phone is frequently out of order, the voice mailbox is full, she does not have long
distance service, or she will not keep a working computer to receive messages
via email. Respondent agrees to exchanges at North Middleton Township Police
Station. In the past, the parties agreed to custody exchanges at the parties'
homes for their convenience.
7. Admitted in part, denied in part. Admitted that Devon was in the
custody of Respondent at the time the petition was filed. Denied that he was
unable to attend school at Carlisle as Respondent was providing transportation to
and from the school.
8. Petitioner responds to the request for relief as follows:
A. Denied that the Court needs to enter an Order for the return of
Devon. He is currently in the custody of Petitioner.
B. Admitted.
C. Denied that Respondent alone requires any anger management
course. The incidents discussed above were brought on by the actions of
Petitioner.
D. Denied that the payment of costs should be assessed to the
Respondent. To the contrary, the current problems were caused by Petitioner
not having the children ready for their scheduled period of visitation and failure to
advise Respondent.
E. Denied that Respondent should pay any counsel fees or costs to
the Petitioner. To the contrary, Petitioner should pay Respondent's counsel fees
and costs for causing the problems in the first place.
WHEREFORE, Respondent prays this Honorable Court to DENY the relief
requested by Petitioner and Order that:
a. Petitioner be required to maintain an open telephone line for
communications between the parties and the children;
b. Petitioner make both children ready for custody exchanges at the
appointed time;
C. Petitioner pay Respondent's counsel fees and costs of $500 for
defense of this Petition.
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
mst@mtravislaw.com
Attorney for Respondent
Date: 1011-11W
JILLENE M. PARMELEE ) IN THE COURT OF COMMON PLEAS
Plaintiff/Petitioner ) CUMBERLAND COUNTY, PENNSYLVANIA
VS. ) NO. 2004-3930 Civil Action Law
LAWRENCE T. PARMELEE )
Defendant/Respondent )
VERIFICATION
The statements made in this Answer are true and correct to the best of my
knowledge, information and belief. I understand that false statements made
herein are subject to the penalties of 18 Pa.C.S. Sect. 4904 relating to unsworn
falsification to authorities.
wrence T. Parmelee
Date: pL7 /So C??
- ?..-? ..t.. l
rr l ?..._.
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