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HomeMy WebLinkAbout02-0394 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DANIEL E. MARCH Defendant : CIVIL ACTION - LAW 09-- : NO. JiS-394 CIVIL TERM : IN CUSTODY v. TIFFANY M. BRIDI CERTIFICATE OF SERVICE I hereby certify that on this date,!~,.. 13 , /1" 2004, I mailed a copy of Motion for Leave to Withdraw as Counsel to the following person at the fiJllowing address by regular U.S. Mail, delivered to addressee only: Daniel E. March 166 Cold Spring Road Carlisle, P A 17013 Sean M. Shultz, Esquire Attorney for Defendant 19 Brookwood Avenue Suite 106 Carlisle, P A 17013 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to tht: penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. ANDREWS & JOHNSON By: Ronald E. Johnso Attorneys for D ndant 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 " .~ ~ (") c -- l?3~ "",...;r. ~C SQ~: ~C::, ~c '-c..'" "=' ) ....c z =< ...., <=> = """ en 1"'1 -0 N -J -0 :J:: ~ en w o ..,.. ~':: ::o~ _0 S ~_l: ....rl O.,!,' ;~r(n' o '"~ ~:- :,~ Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA GAIL L. MARCH v. : CIVIL ACTION - LAW DANIEL E. MARCH Defendant : IN CUSTODY : NO. 03-394 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that on this date, St/JI. /J 'Jf' ,2004, I mailed a copy of Motion for Leave to Withdraw as Counsel to the following person at the D)llowing address by regular U.S. Mail, delivered to addressee only: Daniel E. March 166 Cold Spring Road Carlisle, PA 17013 Jane M. Alexander, Esquire Attorney for Plaintiff 148 South Baltimore Street Dillsburg, P A 17019 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. ANDREWS & JOHNSON By: Ronald E. Jo Attorneys for 78 W. Pomfr Street Carlisle, P A 17013 (717) 243-0123 ,Co ~ ~ ~ "'" ~ ~ ""00.; t'1...1c'n z.: t.r.~ ""(' mJ~: "<,,' t;;2C: 2;Q ~'-) ~c ~ s:? ::;l_n f1; e: ~~! -"1:..,., -;:2-- ~:?'ii\ ~ '":P ~ ...., ::J:. ~ c.fI N II II " GAIL L. MARCH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. ~'?/1L.j ~,~\I Plaintiff VS. DANIEL E. MARCH, CIVIL ACTION - LAW IN DIVORCE AND CUSTODY Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A Judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania 17013. 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 " I' GAIL L. MARCH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, Plaintiff VS. NO. DANIEL E. MARCH, CIVIL ACTION - LAW IN DIVORCE AND CUSTODY Defendant A VlSO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandant. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotry, en la Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEV AR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE o NO PUEDE P AGAR UN ABOGADO, V A Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (717) 249-3166 " I " II I' GAIL L. MARCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. VS. NO. Od- ~ ?:/iLf DANIEL E. MARCH, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT UNDER SECTION 330HC) OF THE DIVORCE CODE AND NOW, this Plaintiff, Gail L. March, by , 2002, comes the les this Complaint upon a I. Plaintiff is Gail L. March, 24 years age, who currently resides at 25 Partridge Circle, Carlisle, Cumberland County, Pennsylvania, 17013. -"-- ;;<410 ...u. ~'::a.L:J.f' ~ 2. DefendaTJ! is DanidrE. March. 24 years of age, who currently resides at 156 Culd 8pl;JlO~ _:>~l t:Jd..r, I"YH-. l't<>lL'{ sp~.st P9J7DI..S ~ad, c.l1l;~I~, Cumberlarld County; Pennsylvama, ~ 3. Plaintiff and Defendant have both resided in the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of the Complaint in Divorce. 4. The Pla,,~ntiffand Defendant were married on August 31, 1996 in Cumberland County, Pennsylvania by a minister. 5. There was a child born between the parties during the marriage; Samara Lynn March, age 5, born May II, 1996. 6. There were no prior actions in divorce or annulment commenced by the parties. 7. The parties have not entered into a written agreement as to alimony, counsel fees, cost and property division. 8. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of Plaintiff, the innocent and injured spouse, the Defendant, in violation of the marriage vows . I, and the laws of the Commonwealth, has offered such indignities to the person ofthe Plaintiff as to render her condition intolerable and life burdensome. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II 10. The allegations of Paragraph one (1) through nine (9) are incorporated herein by reference and made a part hereof. 11. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT III 12. The allegations of Paragraph one (1) through nine (9) and Paragraphs ten (10) and eleven (11) are incorporated herein by reference and made a part hereof. 13. Plaintiff and Defendant have acquired property, both real and personal during their mamage. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property of whatsoever kind and wheresoever situate and for such further relief as the Court may deem equitable and just. COUNTY IV COMPLIANT FOR CUSTODY 15. The Plaintiff seeks primary physical and joint legal custody of the following child, Samara L. March, age 5 years, born August 31, 1996, with Defendant having limited supervised visitation because he has been "doing drugs" in front of his daughter when she is in his custody. 16. The child was born out of wedlock. 17. The child is presently in the custody of the Plaintiff. " II ~, I' 18. The child has resided with Plaintiff at 25 Partridge Circle, Carlisle, P A 17013 since July 2001. Prior to that she lived with Plaintiff and Defendant at 83 Broad Street, Newville, P A 17241 until Defendant left in April 200 I. 19. The relationship of the Plaintiff to the child is that of natural mother. 20. The relationship of the Defendant to the child is that of natural father. 21. The Plaintiff has not participated as a party or as a witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 22. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court within this Commonwealth. 23. The Plaintiff knows of no other persons, not a party to these proceedings, who has visitation or custody rights with respect to the child. 24. The best interest and permanent welfare of the child will be served by granting the Plaintiff primary physical custody and joint legal custody because the Plaintiff has been and continue to be able to provide the children with a good environment and proper care of the child and has, during the life of the child, been the primary care giver. The Defendant should have only supervised limited visitation as he has, while the child has been in his custody, been "doing drugs." WHEREFORE, the Plaintiff requests your Honorable Court to grant her primary physical custody of the subject child with reasonable rights of visitation to the Defendant and that the Defendant shall not remove the child from the jurisdiction of the Pennsylvania Courts. Respectfully Submitted, " " VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to un-sworn falsification to authorities. Date: I-/t-O:L ~J, ff)uA ail L. March COMMONWEALTH OF PENNSYLVANIA S.S COUNTY OF YORK Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Gail L. March who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. ~l~ a);.uL all . Marc Sworn to and su:rribed before me this /8 day of , ,2002, L Notarial Seal HaIvard E. AJexander, Notary PublIc DUlsburg Boro, York CoUnlY My Commission Expires Apr. 23; 2OOl5 Member, PennsylVania Association otNola/l8ll ~ \t::. ~ ~ ~ ~ ~ ~ " ~ ..... ~ ~ .~ o N t.- ::0- :z: N (...) (') c: ~.... ~~ 'f1~ ~~ r 0' (f).!::., 'v 8 8 0'/ 0 "" ~G -0 O~~ ~ ~; ~~ ~ t ::t." -D ..:p F'~:i: ~ ~-< "" '0-- f5 :;.? ~ '" r- " o -" :!J , ~g~ "T!""", ~'~6 ---rn S ~ >- cr, <.i 1-,: lJ.JQ ~~~":, l,~" :-"u S:'.'.- '-_.t C') cr; M ~ Z :::J C)~ - -', 01:c L.:J =.-:J :~2 i.Tilt ~1~ n.. _.0- :.5 () c..;.... _.3 C;- (""} N ~ ...... ~E l.L C) 0-./ c.::l Ul ~ ~ riI 0 ..::I r.:.. E-< 0 p....t r.:.. Z U p.. H ..t Z Z >0 E-< 0 O~ o ' 0 Z Z HU .... ::<:>0 0 H ~ E-<~ J~ " ::<:E-< E-< ..t r.:.. UO ..; g OZS: Ul ..::I ~ ~:> ~~~ U::>..t ::> p.. 0 UlH 0.-1 U , 0 ~ O~O E .... r.:..U . :I: ~ ~ 1~~1 0 I 0 , Ul U ~~ 0 Z :I: :> ~ O:I: E-<ZZ ..t U ..t ZE-< ~..tO ~ ::<: ::> ::>..::IH ~ ..t r.:.. O~E-< U ::<: . E-<O U~U ~ ~ Z ~..t 0 . H~ ~::<: :> ..::I ..::I ..tU :I:::>..::I H ~ ..::1- E-<UH 0 ..::I H p..r- :> . H Z ::<:0 Zr.:..HOZ ..t ..t OM HOUZH (!) 0 UM "4 PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNSYLVANIA GAIL L. MARCH v. 02-394 CIVIL ACTION LAW DANIEL E. MARCH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, February 01, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa p, Greevy, Esq, , the conciliator, at 214 Senate Avenue, Suite 105, Camp HiU, PA 17011 on Monday, February 25, 2002 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT, By: Isl Melissa p, Greev.y. Esq, ~tv- Custody Conciliator r 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 HA VB 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 ~ ~Jp~ ~ ~ :Ifi ~ ~-~~ ~.~~ .fI ~ ~ -N I;tjNY/\lJ.SNN3d ALNnQJ Ol\!n'-{:;gvVno cS :1; bid 1- 83.:1 ZO .AW1UI"."'" ..;~,;)r-..J.,u,_;..,: ,i ~,tO .:J..Aj.:IO-G~r!u - -' ('~.I-C' frJJC' -e~'I'e II GAIL L. MARCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, VS. NO. 02-394 DANIEL E. MARCH, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE AND NOW, this ~ day of .02 personally appeared Jane M. Alexander, Esquire who swears according to law, tha a true and correct copy of a COMPLAINT IN DIVORCE AND CUSTODY was caused to be served by certified mail with retunJ receipt requested upon the said, Daniel E. March 236 North Baltimore Avenue Mt. Holly Springs, P A 17065 on January 26, 2002 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. Sworn and subscribed before me this / ~ day of . m~ ,2002. Notartal SeaJ Halvard E. Alexander, ~ PulIIID OI11sburg Boro, YOlk CoUntY My Commission Expires Apr. 23; lIlIOI Member,PlnnsylvaniaAssodationofNClllllee GAIL L. MARCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A. VS. NO. 02-394 DANIEL E. MARCH, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PROOF OF SERVICE , U,IHIFlED MAIL RECEIP1 (UOmCSlic MellI Only No !p<,III.1nCe Cove/cliff.' PlovldcdJ <0 .-'l .:r <:I IT! IlJ .:r IT! Postage $ to.57 Certified Fee LI'J Return Receipt Fee C .U::ndorsement Required) C "Resbicted Den~ Fee C (Endorsement Required) Total Postage & Fees $ <:I IT! Ll"l ent 0 .-'l "Da,,;t.\ E, M..rd.. ~ SfJ-tt:-~:~;:fl-ii,[:f~~':;:--'A~~~:-~'-'m-m.m---'---'" ~ Cii.'t.--'Zf~fi...'..m-...--m-m,'m-m----'i1--~~5'-----...'---.m--..."-- N\t. ""'\\y 6pri"'j' I 1'/\ 1"101.5' ~ertified o Insured I o COO l; o ,.. .!! l ! nf) ,j , ,- Domestic Return Receipt ;:1'.\ '. g s: -ow ~~i' ~~~., (fL, 3 <c"" r..... ., ~~ :z ::.2 Cl N -<'\ en r.:;:J I "'- -"".~J; \;< ~"i: '--:;" -0 ::J:,: N .. (:) "'I " -~, .::!~~F71 '~ ~ =< - ...J , \ ~J5_ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. 02-394 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GAIL L. MARCH, v. DANIEL E. MARCH, Defendant ORDER OF COURT AND NOW, this \ {", K day of Q ~ ,:, \ , 2002, upon consideration of the attached Custody Conciliation Summary Rep rt, It IS hereby ordered and directed as follows: 1. Legal Custody. The parties, Gail L. March and Daniel E. March, shall have shared legal custody of the minor child, Samara Lynn March, born May 11, 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 child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial physical custody which shall be arranged as follows: A. During the school year, alternating Fridays at 5:00 p.m. until Sundays at 7:00 p.m. and Thursdays from 4:00 p.m. to 7:00 p.m. B. During the summer school break, there shall be a week-on, week-off shared custody arrangement. The week-on, week-off schedule shall run from Friday to Friday. Father's first custodial week shall commence the first Friday after school is out for the summer recess. During the summer recess, the parent not enjoying custody shall have a period of partial custody from 4:00 p.m. to 7:00 p.m, on Thursday evenings, unless otherwise agreed. .. \fINV^lASNN3d AlNnw O,\'\f1838V1Jm '12 :01 WV L Il:JdV 20 AI:N10NOf-UOJci .::Hl :10 3::JLj:IQ'0311:J 3. Holidays. Unless otherwise agreed, the following holiday schedule shall apply. A. Christmas. Christmas shall be divided into two (2) segments, Se~ment A and Segment B. Se~ment A shall be from December 241 at noon until December 25 at noon. Se~ment B shall be from December 25th at noon until December 26 at 6:00 p.m. In the even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Mother shall have Segment B and Father shall have Segment A. B. Mother's Day / Father's Day. Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. The custodial period for this holiday shall be from 9:00 a.m. until 7:00 p.m. C. Other holidays shall be shared or alternated as the parties may agree. 4. Transportation. The parties shall share transportation incident to the periods of their custodial exchanges as they may agree. 5. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 6. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. BY THE COURT: ~ J. Dis\: ~ Alexander, Esquire, 148 S. Baltimore Street, Dillsburg, PA 17019 ,?6nald E. Johnson, Esquire. 78 W. Pomlret Street, Carlisle, PA 17013 L~ OlJ-/1-0 GAIL L. MARCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. vs. NO. 02-394 DANIEL E. MARCH, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on January 23, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint, 3. I consent to the entry of a ftnal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the Afftdavit 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 falsiftcation to authorities. Date: (p 1.2/; / 0 ~ I I 4 c/ fY}.~L GAIL L. MARCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. vs. NO. 02-394 DANIEL E. MARCH, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 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 rights concerning alimony, division of property, lawyer's fees or expenses if I 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 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. Date: 0 /c2-t /0;;Z I I ~11 /YJ<A--(A ~ ~ 52002 GAIL L. MARCH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-394 CIVIL TERM v. CIVIL ACTION - LAW DANIEL E. MARCH, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Samara Lynn March May 11,1996 Mother 2. A Custody Conciliation Conference was held on February 25, 2002 with the following individuals in attendance: the Mother, Gail L. March, and her counsel, Jane M. Alexander, Esquire; the Father, Daniel E. March, and his counsel, Ronald E, Johnson, Esquire. 3. The parties reached an agreement in the form of r as attached. Dte! J b I ~-'V : 156898 '. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. GAIL L. MARCH, vs. NO. 02-394 DANIEL E. MARCH, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 23, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from 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 the 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. Date: fj~ 2- (JJ/~ Daniel E. March .' (") ~ ""- -Ot.T rI}L;.' ~~( Cf) ,- -/' " ':j""c ~~~,~ ~~; z=~ co:: , C,' ~ ()\ o r-":l po ,..... ~-=) o -0 0~' " II GAIL L. MARCH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. Plaintiff vs. NO. 02-394 DANIEL E. MARCH, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 330l(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 rights concerning alimony, division of property, lawyer's fees or expenses if I 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 affidavit, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 Date: ~~2- relating to unsworn falsification to authorities. (") ~; -0 i.,~" n:'l( ...,.' ~::; :.' 6:1l- -,,' ~b )>C" ~ ;=) t~.j :Do .t') G", C) "- IT> "_ -;.1 ~- .? (:os ~:~c;~ rn :=:l .,....,,: n =< GAIL L. MARCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A. YS. NO. 02-394 DANIEL E. MARCH, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GrOWld for divorce: irretrievable breakdown Wlder ~3301(c) of the Divorce Code, 2. Date and manner of service of the complaint: was sent certified mail. restricted deliverv January 25. 2002 and was received by the Defendant January 26. 2002, 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent require by ~3301(c) of the Divorce Code: by Plaintiff June 26, 2002; by defendant AUllUst 2, 2002. (b) (I) Date of execution of the affidavit required by ~3301(d) of the Divorce Code: N/A; (2) (a) Date of filing of Plaintiffs affidavit upon respondent: (b) Date of service of the plaintiff's affidavit upon the defendant: N/ A. 4, Related claims pending: All claims are settled and satisfied by Marital Prooerty Settlement Agreement dated July 10. 2002 signed by both parties. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: 22. 2002. (b) Date Plaintiffs Waiver of Notice in Divorce was filed with the Prothonotary: July (c) Date Defendant's Waiver of Notice in Divorce was filed with the Prothonotary: August 16. 2002. _......._...<..-Io--~., (') 0 0 ~ N ., U) ::;3 ~m f1't 'C"I;Q .." '3J , ~~ N :~::t9 (.4: ;3.. ,AI :J:lP :r.-rl ~O :x 00 - 2m 5g - 0 .. -I ~ CJ'l ~ \D ~ fz? '2 ~"" ~Ii, ('o-jJE- b ~ 11::' !-..~.,~-fYD ~o./JL'b II GAIL L. MARCH, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, P A VS. : NO. 02-394 CIVIL TERM DANIEL E. MARCH, Defendant : CIVIL ACTION - LAW : IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHT YOU HAVE BEEN SUED IN COURT. lfyou wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. Your are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the COllrt without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights i 111 portant to you. 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 17013-3302 (717) 249-3166 II GAIL L. MARCH, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA VS. : NO. 02-394 CIVIL TERM DANIEL E. MARCH, Defendant : CIVIl, ACTION - LAW : IN CUSTODY A VISO PARA DEFENDER USTED HA SIDO DEMAND ADO EN LA COllTE. Si desea defenderse de las quejas expuestax en la paginas siguientes, debe tomar accion antes de la audiencia fijada en la Directiva ancxa. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y una orden puede ser el11itida por la Corte en su contra sin mas aviso por cualquier queja 0 cOl11pensacion reclal11ados en la Peticion. Usted puede perder propiedades u otros dlerechos importantes para usted. USTEDDEBE LLEV AR ESTE P APEL A SU ABOGADO DE UNA VEZ, SI NO T1ENE 0 NO P!UEDE P AGAR UN ABOGADA, V A Y A 0 LLAME A LA OFICINA INDlCADA ABAJO PARA A VERIGUAR DONDE PURDE OBTENER A YUDA LEGAL. Cumberland County Bar A:;sociation 32 South Bedford Street Carlisle, PA 17013-3302 (717) 249-3166 CUSTODY NOTICE TO DEFEND II ! GAIL L. MARCH, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA VS. : NO. 02-394 CIVIL TERM DANIEL E. MARCH, Defendant : CIVIl, ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, TO WIT, <hi, ~y of 7,7 fr-,A P ~,/ ,200l comes the Plaintiff, Gail L. March, ~ and through her atto ey, Jane M. Alexander, Esquire, and files this Petitiqn for Modification of Custody Order upon a cause of action of which the following is a statement: I. Plai~tiffis Gail L. March, an adult individual who currently resides at 141 W. South Street, Carlisle, : Cumberland County, Commonwealth of Pennsylvania 17013. 2, Defehdant is Daniel E. March, an adult individual who currently resides at 166 Cold Spring Road, Carlisle, Cumberland County, Commonwealth of Pennsylvania 17013. 3, The parties are the natural parents of a minor child, Samara L. March, age 7, born May II. 1996, 4. Plaintiff seeks to amend the order to provide the following: a) During the school year Defendant's visitation periods shall be on alternating weekends from p:OO A.M. Saturday to 5:00 P.M. and on Sunday following church from 12:00 P.M. to 7:00 p,N1. There will be no evening visitation during the school week. ~) During summer vacation period Defendant can have custody of his daughter rr Ii three (3) days during the week from 11:00 A.M. to 5:00 P.M. ifhe is not working and alternating weekends the same as during the school year. t) At no time is the child to be left in the custody of Defendant's girl friend. 5. The child was born out of wedlock. 6. The Plaintiff and Defendant were married August 31, 1996. On January 23, 2002, Plaintiff tiled an action in divorce in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania to Number 02-394. A decree in divorce was granted to the parties on September 24, 2002. 7. The child is presently in the physical custody of the Plaintiff, Gail L. March, who residcs at 141 W. South Street, Carlisle, P A 17013 since June 2003. Custody is presently established under the terms of a court order of Judge J. Wesley Oler, Sr. dated April 16, 2002. A copy of which, marked Exhibit "A" is attached hereto and made a part hereof. 8, Sinc~ the date of said Order to date the child has resided with the following persons at the following aqdresses: July 20011 to June 2003 at 25 Partridge Circle, Carlisle, P A 17013 with Plaintiff From June 2003 to present at 141 W. South Street, Carlisle, PA 17013 with Plaintiff 9, The r~lationship of Defendant to the child is that of natural father. 10. The Irelationship of Plaintiff to the child is that of natural mother. 11, The IPlaintiff has not participated as a party or witness, or in any other capacity, in other litigation qoncerning the custody of the child in this or another court. II I 12, The Plaintitfhas no information of a custody proceeding concerning the child I pending in any other court within this Commonwealth. 13, The Plainti 1'1' does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 14. The best interests and permanent welfare of the child will be best served by granting the Plaintiff primary physical custody and joint legal custody of the child with the reduced periods of custody for purpose of visitation for the Defendant because Defendant's life style is so disruptive, and ~is actions are inappropriate in the presence of the child furthermore he has no permanent residence where the child can be cared for. Plaintiff has, and continues to provide a good environment and proper care of the child. WHERJtFORE. Plaintiff requests your Honorable Court to amend the existing Order as abovc set forth ~nd confirming her primary physical custody and joint legal custody of the subject child with limitek:l visitation of Defendant and that the Defendant shall not remove the child from the jurisdiction of the Pennsylvania Court.. Respectfully submitted, Jan M. Alex ttorney for P intiff ttorney I.D. #07355 48 S. Baltimore Street Dillsburg, PA 17019-0421 (717) 432-4514 II VERIFICATION I verity that the statements made in this Petition for Modification of Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of I 8 I'a, C.S. 94904 'relating to unsworn falsification to autljorities. " ,.' // ,,~ -1 Date: /1-ldJ-t7(j ~t~f~~';( COMMONWEAL TH OF PENNSYL VANIA: S.S. COUNTY OF YORK Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Gail L. March who, h~ing affirmed according to law, deposes and says that the facts and matters set forth in the forego [ng Complaint are true and correct to the best of her knowledge, information and belief. ( / ' 10 '),'1 ;( (- ""c..-: ,,' /' f " /''0uc,;;, /?0vt/L ~ March Sworn to and stjbscribed before me this >o~day of N~~003. Notarial Seal Halvar E. Alexander. Notary Public Dil sbur~ Boro, York County My Co missJOo Expires Apr. 23. 2005 Member, ,ennSV1vaniaAssociatlonofNotarles -p ~ ::t: ..t: ~ ~ p .(q" 1- ~ P 8 Sr J- (") c: ~ ~" V !~" n1r;" z-:.-- Z' (j) ,-.,-. ~ ~f. ?;:(' ;,;- , ~c-. ., -, -- C) w ~ Z ~::> .__.1 '," (-;j ;:::~ , fT1 ',", ~.:J . -""1 ""1c> , -r-1 '"l:D ,-.(') 3rl1 :~-i ::0 -< W<l'':; ,'-' -" 3: - ., :::> Iv GAIL L. MARCH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 02-394 CIVIL ACTION LAW DANIEL E. MARCH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 20, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyue, P A 17043 on Monday, December 15, 2003 at 9:00 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 hearin~, FOR THE COURT, By: Isl Melissa P. Greevy. Esq. Custody Conciliator v 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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO N07 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 Assoeiation 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ fz?~~ ~l ~~~~tt, ~r~~n/~~ ['0, )(>-!J tcJ'le'- II ro-Ie./j \!1N\-/Sl'\SN~{3d ,....-. " "1' ''''"1'1'0'-'' ) I', '[""'!i it : .~ ,,'!-':'-!.~, 1\.1 . \,.~!\ " ... ".. "C ". 1,IJ I? I',ON SO ':1::J .(.. n - .: "'il:10 II I GAIL L. MARCH, Plaintiff VS, DANIEL E, MARCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 02-394 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, TO WIT, this 02\ >f day of }J o. """,hw- , 2003 personally appeared Jane M. Alexander, Esquire who swears according to law, that a true and correct copy of a PETITION FOR MODIFICATION OF CUSTODY ORDER was caused to be served by certified mail with return receipt requested upon the said, Daniel E. March 166 Cold Springs Road Carlisle, P A 17013 on November 19.2003 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. Sworn and subscribed before me this ;(;I \ ~.- day of l\lo.e..<hu'" ,2003. Notarial Sea) Halvard E. Alexander. Notary Public DIU~ Boro. York County My Commlss,oo Expires Apr. 23. 2005 Member, Pennsylvania Association at Notaries 1 / / ,.." ) ,/ /~. Alexan 'r, Esql,!ire/ / ~ttorney I.D. # 7355 / 148 S. Baltimore Street \,' Dillsburg, P A 17019-0421 (717) 432-4514 .~../ II GAIL L. MARCH, I I I VS, II " II DANIEL E. MARCH, I, II II II Ii Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 02-394 CIVIL TERM Defendant CIVIL ACTION - LAW IN CUSTODY PROOF OF SERVICE d Ii 'I 'I II Ii I] U.S, Postal Service" CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) lr ru Lr1 ..JJ .-'l Lr1 ru :r n I:. 1:..1 ,I, ill Ct\liu6LJI'AIT7Ill31"" ill Postage :r o o Retum Reclept Fee o (Endorsement Required) Certified Fee II I: Ii 'I , I I I o Restricted Delivery Fee Ul (Endorsement Required) .-'l rn Total Postage & Fees $1.75 $3.50 :p~IB ru o o I"- . Complete ~ems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: x D. Is . ry address different from item 1? If YES, enter delivery address below: J)ANleJ E (flM,C.~ No & Co Id ~~.lY\~S 1i!. CA-r(llsle ,f6.. 170/3 3. Service Type l:!"'tertified Mail o Begistered o Insured Mail o Express Mail o Return Receipt for Merchandise o C,Q,D, 4. Restricted Delivery? (Extra Fee) ~ 2. Article Number (Copy from service fabeO 7002 3150 0004 4251 6529 PS Form 3811, July 1999 Domestic Return Receipt 102595.00.M.0952 e 0 0 c..:> -11 s: C> ---I -um r'11 -T !;2 Lf! (") .- I ">[11 Zr:,.: CO t.:--.. en "_, :-~(~) ~6 ;::.- ,---r. ;< ~, -" ~C :z: i:;:C"') >C' '-B :.5iT1 c --"I Z jJ =< U\ -< DEe 1 7 2003 V ,...., v Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-394 CIVil TERM GAil l. MARCH, v, CIVil ACTION - lAW DANIEL E. MARCH, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 1<6 tL day of December, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. A hearing is scheduled in Courtroom Number 1 of the Cumberland County Courthouse, on the 2}, M.-- day of ~ , 200.!:/-, at 9: ~tJ o'clock ..1l.M" at which time testimony will be taken. For the purposes of the hearing, the Mother, Gail l. March, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2, Pending further Order of Court on agreement of the parties, this Court's Order of April 16, 2002 shall remain in full force and effect. BYTHE~ g OJ J. Dis!: Jane M, Alexander. Esquire, 148 S. Baltimore Streel. DBlsburg, PA 17019 Daniei E, March. 166 Cold Springs Road, Carlisle, PA 17013 ...lbfl.I,J ~ 1~,,:;:z-03 ~ .~ 6.: is fLJQ (.)..::... L'-(.) I.C;J: 21--' o C:) n: ~o.. f,l.U -;:r; I--' :s , C") ;>0- r-' ,3.~ '-.J:;::r:- .',-> -::~~1 ~!~ :5 Q ~ ..,- ;~.- '-Co O"l C..J ',-, <::I .,., => = "'" GAIL L. MARCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-394 CIVIL TERM v. CIVIL ACTION - LAW DANIEL E. MARCH, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1 , The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Samara Lynn March May 11,1996 Mother 2, A Custody Conciliation Conference was held on December 15, 2003 with the following individuals in attendance: the Mother, Gail L. March, and her counsel, Jane M. Alexander, Esquire; the Father, Daniel E. March, participated by telephone after the Conciliator was able to locate him at his parents' home, 3. Mother's position on custody is as follows: Mother seeks to modify the present partial custody schedule because of multiple concerns regarding Father's lifestyle. Mother alleges that Father has taken the child to places that he knows that she would not approve of and then told the child not to tell her Mother. Mother interprets this as the Father teaching the child to lie. Mother also reports that Father has brought the child home early from periods of custody so that he could go drinking. During periods of custody, she alleges that the Father has not been able to provide private sleeping arrangements, Rather, she sleeps on the sofa in the living room. Mother reports that Father has had multiple jobs in the last year and has not had stable living arrangements. She believes that at present that he is living in an RV on his parents' property. In addition, he has had a relationship with a female that has apparently had some difficulties with drugs and law enforcement. Mother also alleges that Father has used marijuana during his periods of custody. 4. Father's position on custody is as follows: Father denies all of Mother's allegations. Father reports that he is presently laid off and residing at his parents' home. He is working on a new residence, which is presently without running water. Accordingly, he does not expect to be able to live there before the Spring arrives when he believes he NO. 02-394 CIVIL TERM will be able to arrange for water to pumped into the home. Father reports that he no longer is in a relationship with the woman that Mother had been concerned about. The Father reports that she now lives in Shamokin with Samara's half sister, Raven, age two. Father is not willing to make the changes to his schedule of custody which Mother has requested in her Petition. He believes that the parties' daughter likes the schedule as it is presently arranged, in particular he believes that she likes the summer schedule of alternating weeks. 5. The parties were advised that a hearing would be scheduled before Judge Oler. The Conciliator verified Father's residential address for purposes of providing him with a copy of the Order setting the hearing date. The Conciliator informed the Father that in the absence of an Order canceling the hearing, he should plan to be esent for the hearing in person, /cJ.-/;(n/~ Date ~f:;pe~~, Esquire Custody Conciliator :222163 GAIL L. MARCH, Plaintiff v. DANIEL E. MARCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-394 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of March, 2004, upon agreement of counsel, the custody hearing previously scheduled for March 22, 2004, is CONTINUED GENERALLY. Counsel are directed to contact the Court if they desire a hearing in this matter or if a settlement is reached. v1ane M. Alexander, Esq. 148 S. Baltimore Street Dillsburg, PA 17019 ')' Attorney for Plaintiff /Ronald E. Johnson, Esq. 78 W. Pomfret Street Carlisle, P A 17013 Attorney for Defendant :rc BY THE COURT, ~ V'l<'T'/i\l.\~~\ ;<3d },-U-.;c";C<'_:' ~"i"- ., --~':'\ln:) 60 :2 '!d Z Il:Wl~ ~OOl i-:c'i L):10iLlOcd 3H1. :10 :!:):]:'.Q-{J311:l GAIL L. MARCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DANIEL E. MARCH, Defendant NO. 02-394 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of July, 2004, upon consideration of the attached letter from Jane M. Alexander, Esq., a hearing is scheduled for Thursday, September 30, 2004, at 1 :30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, / , ',,- 01 J. Wesley Oler,.lJr., I I 'J. "A"arle M. Alexarlder, Esq. 148 South Baltimore Street P.O. Box 421 Dillsburg, PA 17019-0241 Attorney for Plaintiff \.: / ~onald E. Johnson, Esq. 78 W. Pomfret Street Carlisle, PA 17013 Attorney for Defendant :rc , ViNVAlASNN3d I 'Nn,('j''1 "'i',r::,;::!,i^'n'"' I\j" j....'.., ...... f., .....,__:..Jif~..v SS : II Wli 6Z lnnOOl Ai-Nl.ONOH10CJd 3Hl.::lO 3:l1:L-I()--(J311.:l fJ:~~/ Jt ~.. r'';TTORNEY AT LAW 148 SOUTH BALTIMORE STREE1" P. 0, Box 421 DILLSBURG, PENNSYLVANIA 17019-0421 (717) 432-4514 FAX (717) 502,1087 E ~ Me il: j malexander14B@earthlink.not July 22, 2004 The Honorable Judge J. Wesley Oler, Jr. Carlisle Court House One Court House Square Carlisle, Pa. 17013 Re: Gail March vs Daniel March No: 02-394 Custody Dear Judge Oler, As of March 12, 2004. through and by your order, the hearing scheduled for March 22, 2004 was continued generally, see copy enclosed, this continuation was ordered on the basis that the parties were in the process of agreement in regard to the custody stipulation. I have been informed by my client, Gail L. March, that no agreement has been reached as of this date. Therefore I. on behalf of my client, respectfully request a date to be set for a hearing in regard to this matter, ery truly yours, ~1 , Alexa~r /? ) ,?d JMA/js cc: Gail L. March Ronald E. Johnson, Esquire / / ,/ I \",.../ Vtz .? -, o " ':0,... GAIL L. MARCH Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant : CIVIL ACTION - LAW : O~ : NO. \le-394 CIVIL TERM : IN CUSTODY DANIEL E. MARCH MOTION TO MAKE RULE ABSOLUTE Ronald E. Johnson, Esquire respectfully represents: I. In response to a previous Motion for Leave to Withdraw as Counsel, the Honorable J. Wesley Oler, Jr., entered an Order dated September 9,2004 issuing a rule upon Daniel E. March and the Plaintiff Gail L. March, to show cause why Ronald E. JohnsDn, Esq. should not be granted leave to withdraw as counsel for Daniel E. March. A copy of this Ord<er is attached hereto as Exhibit A. 2. The above referenced Order and Motion was mailed to Defendant Daniel E. March by first class mail and certified mail on September 14, 2004. It was also mailed by first class mail to Jane M. AIexander, Esquire, attorney for the Plaintiff, Gail L. March on September 13, 2004. 3. Jane M. Alexander, Esquire, attorney for the Plaintiff, advised by a letter dated September 15,2004 that she would not be objecting to Ronald E. Johnson, Esquire withdrawing as counsel for Daniel E. March. A copy of this letter is attached hereto as Exhibit B. 4. Ten days from the service of the above referenced Order has passed and no Answer to the Court's Rule has been filed by the Plaintiff or the Defendant. WHEREFORE, Ronald E. Johnson, Esq. asks the Court to make the Rule absolute and to grant leave to Ronald E. Johnson, Esq. to withdraw as counsel in the above captioned case. ANDREWS & JOHNSON ~ Ronald E. Jo Attorney for P ntiff 78 W. Pomfre Street Carlisle, PA 17013 (717) 243.0123 By: .~ GAlL L. MARCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW DANIEL E. MARCH, Defendant NO. 02-394 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of September, 2004, upon consideration ofthe Motion for Leave To Withdraw as Counsel, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, J Jane M. Alexander, Esq. 148 South Baltimore Street P.O. Box 421 Dillsburg, PA 17019-0241 Attorney for Plaintiff ~o ald E. Johnson, Esq. W. Pomfret Street Carlisle, PA 17013 Attorney for Defendant :rc .~C-~ /6~, ~~~ ~ / jJ/J-- 17~ /3 Prot I 9!:---v11 ~~ d'';;.TORNEY AT LAW 148 SOUTH BALT! MORE STREET P. 0, Box 421 DILLS BURG, PENNSYLVANIA 17019-'042/ (7/7) 432-45/4 FAX (7/7) 502-1087 E~ Mill i I: j me:lexl!lnder148@earthlink.n,at September 15" 2004 R'>Ila!d E. John.<on., EsC), 78 W. Pomfret Street Carlisle, PA 17013 RE: Gail L. March v. Daniel E. March No. 02-394 Civil Term Dear Ron: This is to advise you that I will not be filing any objection to you withdrawing as counsel for Daniel E, March. I recognize that he has not been cooperative with you and you have therefore been unable to respond to my letters and efforts to get pending issues resolved. JMA/pe truly yours, EXHIBIT j ~ GAIL L. MARCH Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant : CIVIL ACTION - LAW c:P-- : NO. ~-394 CIVIL TERM : IN CUSTODY DANIEL E. MARCH CERTIFICATE OF SER~~ I hereby certify that on this date, 5~/. ;;J T , 2004, I mailed a copy of Motion to Make Rule Absolute to the following person at the following address by regular U.S. Mail, delivered to addressee only: Daniel E. March 166 Cold Spring Road Carlisle, PA 17013 Jane M. Alexander, Esquire Attorney for Plaintiff 148 South Baltimore Street Dillsburg, PA 17019 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. ANDREWS & JOHNSON Ronald E. Jo Attorneys for fendant 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 (') G <-... "co O"!n"j ~'i:;~ z, ,,, C(i.,-,; _/ .c. ~c ~n z~... :;0; 2:: ~ ...., => => ..,... c.n l"'1 -0 N ..... ~ ..... ;f,~ ~6 6~ z,'1i S~ 1:) -< -0 ::It ~ (J1 U1 DANIEL E. MARCH Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Defendant : CIVIL ACTION - LAW oJ- : NO..G3-394 CIVIL TERM : IN CUSTODY v. TIFF ANY M. BRIDI MOTION TO MAKE RULE ABSOLUTE Ronald E. Johnson, Esquire respectfully represents: 1. In response to a previous Motion for Leave to Withdraw as Counsel, the Honorable J. Wesley Oler, Jr., entered an Order dated September 9, 2004 issuing a rule upon Daniel E. March and the Defendant, Tiffany M. Bridi, to show cause why Ronald E. Johnson, Esq. should not be granted leave to withdraw as counsel for Daniel E. March. A copy of this Order is attached hereto as Exhibit A. 2. The above referenced Order and Motion was mailed to Plaintiff, Daniel E. March, by first class mail and certified mail on September 14,2004. It was also mailed by first class mail to Sean M. Shultz, Esquire, attorney for the Defendant, Tiffany M. Bridi on September 13,2004. 3. Ten days from the service ofthe above referenced Order has passed and no Answer to the Court's Rule has been filed by the Plaintiff or the Defendant. WHEREFORE, Ronald E. Johnson, Esq. asks the Court to make the Rule absolute and to grant leave to Ronald E. Johnson, Esq. to withdraw as counsel in the: above captioned case. ANDREWS & JOHNSON By: Ronald E. Jo Attorney for intiff 78 W. Pomfret Street Carlisle, P A 17013 (717) 243-0123 / DANIEL E. MARCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TIFFANY M. BRIDI, Defendant NO. 04-372 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of September, 2004, upon consideration of the Motion for Leave To Withdraw as Counsel, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, J. o.Jf! esley 01er, ., ~ ~RO aId E. Johnson, Esq. W. Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Sean M. Shultz, Esq. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 Attorney for Defendant :rc ~f, 7n~ L/. /~!; utcl ~1 ~//;1-/7~/3 pr I EXHIBIT A GAIL L. MARCH Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW DANIEL E. MARCH Defendant : NO. 03-394 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on this date, ;( 7 nf ~" , 2004, I mailed a copy of Motion to Make Rule Absolute to the following person at the following address by regular U. S. Mail, delivered to addressee only: Daniel E. March 166 Cold Spring Road Carlisle, P A 170 I3 Sean M. Shultz, Esquire Attorney for Defendant 19 Brookwood Avenue Suite 106 Carlisle, P A 170 I3 I verify that the statements made in the foregoing Certific:ate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unswom falsification to authorities. ANDREWS & JOHNSON By: Ronald E. Johnson, Esq. Attorneys for Defendant 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 ~ -- -oCi,' men '~':J:\ <'~r-- . '''\';;, .."",;,,, ~c; ;eO :?;O ~c Z ~ ,.., = ~ (/) ~ N ..... ~ %1Il :g1:9 bb '-1-,', :L" <;~B (3m ---I --.> t-.n ~ (.:> .." ::.It N .. il I, I i I , , I II , GAIL L. MARCH, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA. Plaintiff VS. : NO. 02-394 DANIEL E. MARCH, : CIV~L ACTION - LAW : CUSTODY Defendant ORDER OF COURT AND NOW, this 50 +L day of I':-.,C Y'1. ,2004, upon the agreement of the parties, Gail L. March and Daniel E. March, it is hereby determined that it is in the child's best interest that the attached Agreement and Stipulation of Custody, signed by the Plaintiff and Defendant, be made an order of this cOUli. The Agreement and Stipulation of Custody shall be binding on each of the parties until such time that it is changed by mutual agreement of the parties or by further order of this court. BY THE COURT: /~gol{ Judge ~~. ~p\ }~ 'P~t. r ViNvIA1AS>JN:ld I '~'('It"~. ~"'~' ,.",-,,,~,, t\.iJ~ ,;j..,' I,; ."::,- ;:~~::-;t:i~~\ k; L I :Zl ~Id OE d3S ~OOl Al:!VlONOHlOcd 3H1 ~O 381:B0-0311::l Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA. GAIL L. MARCH, VS. : NO. 02-394 Defendant : CIVIL ACTION - LAW : CUSTODY DANIEL E. MARCH, AGREEMENT AND STIPULATION OF CUSTODY This Agreement and Stipulation made this ~~ay of , 2004 by and between Gail L. March, of 141 West South Street, Carlisle, P 7013, hereinafter referred to as "Mother," and Daniel E. March, of 166 Cold Springs Road, Carlisle, PA 17013, hereinafter referred to as "Father," having reached an agreement to mutually settle and resolve the issue of custody of their minor child, Samara L. March, born May 11, 1996, age 8, as hereinafter set forth in this agreement desiring to legally obligate themselves to the terms of said agreement; and WHEREAS, Gail L. March is the natural Mother of said minor child; and WHEREAS, Daniel E. March is the natural Father of said minor child; and WHEREAS, there is a prior order of court or agreement in regard to this child; and WHEREAS, Mother filed a Petition with the Court of Common Pleas of Cumberland County, Pennsylvania, to the above captioned number and term and a conciliation conference was held December 15, 2003. The case was scheduled for court on March 22,2004 but was continued generally as the parties were trying to reach an agreement When this failed the case was again scheduled for court on September 30, 2004 at 1 :30 P,M. The parties having reached an agreement and are desirous of avoiding further legal proceedings and are desirous of entering into a Custody Stipulation for entry as a Court Order. NOW THEREFORE, it is hereby stipulated between Gail L. March and Daniel E, Page I of9 March as follows: LEGAL CUSTODY: The parties shall share legal custody of the minor child, Samara L. March, age 8, born May 11, 1996, Each parent shall participate in the major decisions concerning the moral, physical, emotional, medical, educational and religious aspects of the child's upbringing. These decisions shall not be made by either parent unilaterally. The parents agree that all decisions shall be made by them jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy in the child's best interest. Each parent agrees to keep the other parent informed of progress of the child's education and social adjustments. Each parent agrees not to impair the other parent's right to share legal custody of the child. Each parent agrees to give support to one another in their role as parent and to take into account the consensus of the other for physical and emotional well being of the child, The parents agree not to attempt to or alienate the affections of the child for the other parent. Each parent shall notify the other of any activity that could reasonably be expected to be significant concern to the other parent. The child will not be barred from contacting the non-custodial parent by telephone. Either parent may, during that parent's physical custody of the child, make decisions required by emergency or sudden illness. Each parent shall immediately communicate to the other the existence of any medical, legal or educational emergency that may occur with respect to the child. Each parent shall also have the duty to immediately contact the other regarding the illness, For purposes of this Order, the word "illness shall mean disability that confines a child to bed under direction of a licensed physician for a period in excess of twenty-four (24) hours or any serious injury to a child that would require emergency room or other immediate treatment which requires hospitalization. Each parent shall have equal right and access to visit the child if the child is confined to a medical institution, consist with medical advice, Educational and legal emergencies shall include those situations where there is an imminent threat to a child's well being or any change of the current school or institution, Each parent shall as soon as Page 2 of9 I I II II II practicable, make disclosure to the other of the facts and circumstances pertinent to a child's upbringing and welfare of which that parent has knowledge or notice. Each shall provide the other with copies or duplicate originals of records pertaining to the child, including but not limited to: A, medical Diagnosis and Treatment; B. Psychological/Psychiatric diagnosis and Treatment; C. Dental and orthodontic Records; D, School Records, including Schedules of Events; E, Legal Records Each parent shall have the right to obtain such records directly from the school, health providers or other entity keeping such records without permission of the other and without further Order of the Court. PRIMARY PHYSICAL CUSTODY: Mother shall have primary physical custody of the child with Father having custody for the purpose of visitation under the following schedule: Schedule of Partial Custody: 1. Alternate Weekends: The Father shall have right of partial custody of the child on alternate weekends beginning with the weekend of Saturday, October 2, 2004 from 9:00 A.M, on Saturday through Sunday evening at 5:00 P.M. However, the Father shall make arrangements for the child to continue her regular church attendance on Sunday morning. 2. Alternate Holidavs: The parties shall have rights of partial custody on alternate holidays throughout the year. The holidays shall include the Labor Day, Thanksgiving Day, New Year's Day, Memorial Day, and Fourth of July. Holidays shall be shared or alternated as the parties may agree. Page 3 of9 3. Mother's Dav: Mother shall always have the right to partial custody on Mother's Day. The right of partial custody shall be exercised by Mother on Morther's Day from 9:00 A.M. to 7:00 P,M. II 4. Father's Dav: Father shall always have the right of partial custody on Father's Day. The right of partial custody shall be exercised by Father on Father's Day from 9:00 A.M. to 7:00 P.M. 5. Easter: The Easter vacation shall be shared as equally as possible, giving consideration to the length of the vacation as determined by the school calendar, 6. Christmas: Christmas shall be divided into two (2) segments, Segment A and Segment B. Segment A shall be from December 24th at noon until December 25th at noon, Segment B shall be from December 25th at noon until December 26th at 6:00 P,M, In the even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Mother shall have Segment B and Father shall have Segment A. 7. Holidav Priority: The period of partial custody for holidays, vacations, or other special days set forth in this agreement shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set fOlih previously in this agreement. Holidays and other special days for custody set forth in this agreement shall take precedence over vacations. 8. Summer Vacation: Summer is defined by the Court as the first Friday evening following the last day of school and if Friday evening is the last day of school, then the last day of school to Friday evening which concludes the last full week preceding the first day of school. During the summer months Father shall have two (2) weeks of visitation each Page 4 of9 II summer, not necessarily consecutive, Father shall notify Mother in writing by June lOth of each year to inform her of which two (2) weeks he wishes to exercise his weeks of vacation, 9. Transportation: The transportation shall be provided at all times by the Father. At all times. the child shall be secured in appropriate passenger restraint. No person transporting the child shall consume alcoholic beverages prior to or while transporting the child. No person transporting the child shall be under the influence of any alcoholic beverage or controlled substance while transporting the child. 10. Late Exchane:e: In the event any party is more than 20 minutes late for scheduled custody exchange, in the absence of a telephone call or other communication from the party, the other party may assume that the party who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party will be free to make other plans with the child. 11. Extra Curricular Activities: Each party shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. Both parties shall agree to honor and participate in the activities that a child wishes to engage in, During the times that the parents have custody of the child, they will make certain that the child attend any extracurricular activities, The parties agree that they will be supportive of the activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child are able to participate in those events. Neither parent, however, shall sign up a child for any activity unless the child definitely desires to attend that activity, Participation in activities which take place during the school year is contingent upon the child maintaining nassing grades in schooL Neither parent shall sign up a child for activities that fall on the parents' period of custody, without the consent of the parent, which consent shall not be unreasonably withheld, If a child is involved in an activity which occurs during parent's periods of custody, Page 5 of 9 II II I I I I both parties shall cooperate in providing transportation of the child to the activity. However, the custodial party shall not be required to take a child to that activity if the custodial party and child are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver a child to the particular activity, the parent who has custody of the child at that time shall notifY the non-custodial parent, who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. 12. Telephone Calls: Both parties are urged to use common sense in scheduling telephone calls to talk to the child, Both parties are hereby directed to refrain from preventing the other parent who may be calling from talking to a child, or preventing the child from calling the other parties, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt a child's schedule. Phone calls should be kept to a maximum of twenty minutes, and a maximum of three (3) calls per week. 13. Disparaging Remarks: Each of the parties and any third party in the presence of the child shall take all measures deemed advisable to foster a feeling of affection between the child and the other party. No party shall do nor shall any party permit any third person to do or say anything which may estrange a child from the other party, their spouse or relative, or injure a child's opinion of the other pmiy or which may hamper the free and natural development of a child's love and respect for the other party, The paliies shall not use a child to convey verbal messages to the other party about the custody situation or changes in the custody schedule, 14. Mutual Consultation: Each party shall confer with the other on all matters of impOliance relating to the child's health, maintenance, and education with a view towards obtaining and following a Page 6 of9 harmonious policy in the child's education and social adjustments, Each pmiy agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the child will be for a period in excess of seventy-two hours (72), and for each person or entity which may provide day care for a child, 15. Illness of child: Emergency decisions regarding the child shall be made by the party then having custody. However, in the event of any emergency or serious illness of a child at any time, any pmiy then having custody of a child shall immediately communicate with the other parties by telephone or any other means practical, informing the other pmiy of the nature of the illness or emergency, During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. The term 'serious illness' as used herein shall mean any disability which confines a child to bed in for a period in excess of twenty-four (24) hours and which places the child under the direction of a licensed physician. 16. Welfare of child to be Considered: The welfare and convenience of the child shall be the prime consideration of the parties in any application ofthe provisions of this Order. Both parents are directed to listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues, Father shall not place the child in the custody of any other pmiies other than the grandparents during his periods of visitation. 17. Smoke/DrinklUse of Controlled Substances: Neither party shall smoke in a confined area when the child is present and neither party shall permit another person to smoke in a confined area when a child is present. Further, 110 party shall use non-prescribed controlled substances or excessively use alcohol while the child is in their custody and controL Page 70f9 18. Removal from Area: I II II I I Neither party shall transport the child over the state line or remove to a point more than 100 miles from home of the party for any reason without notification to the other party. Party removing child shall provide to the other party an address and/or phone number where the child can be reached. 19. Movine: of Residence: Neither patiy shall move their place of residence without giving the other paliy at least 30 days written notice of the new residence. If the new residence is more than 100 miles from the current residence appropriate adjustments in custody, visitation schedules should be made prior to the move, 20. Modification of Order: The parties are free to modify the terms of this Order but in order to do so the Court makes it clear that both parties must be in complete agreement to any new terms, That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be, The parties further stipulate and agree that this agreement and stipulation of Custody shall be presented to the court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania with the understanding and request that the Court approve this agreement and stipulation and enter the same as an Order of Court. IN WITNESS WHEREOF, the parties heret') have i" ""d,;c~ fi,,"bow ~iH"" . A Danie set their hands and seals Page 8 of9 COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF YORK On this ~'2/~day of undersigned officer, a Notary Public, per .~ , 2004, before me, the nally appeared Gail L. March, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and My Commission Expires: Notarial Seal Halvard E. Alexander, Notary Public DiUsburg Bore, York County My Commission Expires Apr. 23, 2005 Member, Pennsylvania Association otNotaries COMMONWEALTH OF PENNSYLVANIA COUNTY OFrTf~J On this ~~day of SS , 2004, before me, the undersigned officer, a Notary Public, perso Iy appeared Daniel E. March, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instmment, and acknowledged that he executed the same for the purpose therein contained. AJ;(~~ My Commission Expires: Notarial Seal Halvard E. Alexander, Notary Public Dillsburg Boro. York COU11lty My Commission Expires Apr. 2:3. 2005 Member, Pennsylvania Association Of Notaries Page 9 of9 SEP 2 9 2004 V GAIL L. MARCH Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant : CIVIL ACTION - LAW ~ NO. g;-394 CIVIL TERM : IN CUSTODY DANIEL E. MARCH ORDER AND NOW, this ~o ~ay of September 2004, no Answer having been filed by the Plaintiff or the Defendant to the Rule issued by this Court on September 9, 2004, the Rule previously issued is hereby made absolute. Leave of Court is granted to Ronald E. Johnson, Esq. to withdraw as counsel for the Defendant, Daniel E. March, in the above captioned case. BY THE COURT, ~,:::~f 01( J. ~,~ \9 \\),0 71\//\-; }J.Nr:C\':~.' t SS:(:: Wd S- 130 ~OUl J' <1-110"'0' I'''''d ::J' '1 '0 I\bv_ l'tv't.J,VG __it :; 3JI,HO-(]::li!:! GAIL L. MARCH Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant : CIVIL ACTION - LAW : O~ : NO. Wil-394 CIVIL TERM : IN CUSTODY DANIEL E. MARCH MOTION TO MAKE RULE ABSOLUTE Ronald E. Johnson, Esquire respectfully represents: 1. In response to a previous Motion for Leave to Withdraw as Counsel, the Honorable J. Wesley Oler, Jr., entered an Order dated September 9,2004 issuing a rule upon Daniel E. March and the Plaintiff Gail L. March, to show cause why Ronald E. Johnson, Esq. should not be granted leave to withdraw as counsel for Daniel E. March. A copy of this Order is attached hereto as Exhibit A. 2. The above referenced Order and Motion was mailed to Defendant Daniel E. March by first class mail and certified mail on September 14,2004. It was also mailed by first class mail to Jane M. Alexander, Esquire, attorney for the Plaintiff, Gail L. March on September 13, 2004. 3. Jane M. Alexander, Esquire, attorney for the Plainltiff, advised by a letter dated September 15,2004 that she would not be objecting to Ronald E. Johnson, Esquire withdrawing as counsel for Daniel E. March. A copy of this letter is attached hereto as Exhiibit B. 4. Ten days from the service of the above referenced Order has passed and no Answer to the Court's Rule has been filed by the Plaintiff or the Defendant. WHEREFORE, Ronald E. Johnson, Esq. asks the Court to make the Rule absolute and to grant leave to Ronald E. Johnson, Esq. to withdraw as counsel in the above captioned case. ANDREWS & JOHNSON Ronald E. Jo Attorney lior P mtiff 78 W. Pomfre Street Carlisle, PA 17013 (717) 243-0123 By: ./ IN THE COURT OF COM]v10N PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA GAIL L. MARCH, Plaintiff v. CIVIL ACTION - LAW DANIEL E. MARCH, Defendant NO. 02-394 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of September, 2004, upon consideration ofthe Motion for Leave To Withdraw as Counsel, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, J Jane M. Alexander, Esq. 148 South Baltimore Street P.O. Box 421 Dillsburg, PA 17019-0241 Attorney for Plaintiff 13, 0 aId E. Johnson, Esq. W. Pomfret Street Carlisle, PA 17013 Attorney for Defendant :rc .~ (:. ~ /6~. ~~~ ~ / 'fJ1J- '/7013 Prot EXHIBIT I A ~~G/uIt. ~ d';TTORNEY AT LAW 148 SOUTH BALTIMORE STREET P. 0, Box 421 DILLSBURG. PENNSYLVANIA 17019-0421 (717) 432-4514 FAX (717) 502'1087 E. Mail: jmalexemder148@earthlink.net September 15,2004 R,'na!d E. JQnn,on, EsC), 78 W. Pomfret Street Carlisle, PA 17013 RE: Gail L. March v. Daniel E, March No, 02-394 Civil Term Dear Ron: This is to advise you that 1 will not be filing any objection to you withdrawing as counsel for Daniel E. March. I recognize that he has not been cooperative with you and you have therefore been unable to respond to my letters and efforts to get pending issues resolved. JMA/pe Ve EXHIBIT I ~ Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA GAIL L. MARCH Defendant : CIVIL ACTION - LAW oa,- : NO. ~-394 CIVIL TERM : IN CUSTODY v. DANIEL E. MARCH CERTIFICATE OF SERVICE I hereby certify that on this date, 5'~f. ..PI r , 2004, I mailed a copy of Motion to Make Rule Absolute to the following person at the following address by regular U.S. Mail, delivered to addressee only: Daniel E. March 166 Cold Spring Road Carlisle, P A 17013 Jane M. Alexander, Esquire Attorney for Plaintiff 148 South Baltimore Street Dillsburg, PA 17019 I verify that the statements made in the foregoing Celtificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. ANDREWS & JOHNSON Ronald E. Jo Attorneys for fendant 78 W. Pomfret Street Carlisle, P A 17013 (717) 243-0123 (') r; < "005 rnrn z:x: zr" 9Fi?:,' ~C '-.:"",." ~(""'; >~ c_ Z ~ ...., = <=> """ en I'T1 "U N ...... o -n --< ;;Fi:o -o1Ti -"'<:;:1 06 ;I!:T o--!J '",q 1'5' _.,.t 1; -< "tJ :x N U1 (.11 --- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GAIL L. MARCH now GAIL L. DeANGELO, : NO. 02-394 Plaintiff VS. : CML ACTION - LAW DANIEL E. MARCH, Defendant : IN CUSTODY AGREEMENT AND STIPULATION OF CUSTODY I I' [I il I, 11 , " 11 This Agreement and Stipulation made this ::i/ :;/ day of !c~I/UUii "/--. , 2006 by and between Gail L. March now Gail L. DeAngelo, of414 South Pitt Stree(Carlisle, Cumberland County, PA 17013 (hereinafter referred to as "Mother") and Daniel E, March, of 166 Cold Springs Road, Carlisle, Cumberland County, PA 17013 (hereinafter referred to as "Father"), having reached an agreement to mutually settle and resolve the issue of custody of their minor child, Samara L. March, age 9, born May 11, 1996, as hereinafter set forth in this agreement, desiring to legally obligate themselves to the terms of said agreement, and WHEREAS, Gail L. March now Gail L DeAngelo is the natural mother of said minor child; and WHEREA.\~ Daniel E. March is the natural father of said minor child; and WHEREAS, there is a prior order of court of September 30, 2004 in regard to this child; and WHEREAS, the circumstances of the parties have changed during the past year and the parties, having reached an agreement and are desirous of avoiding further legal proceedings and are desirous of entering into a Custody Stipulation for entry as an Order of COllrt: NOW THEREFORE, it is hereby stipulated between Gail L March now Gail L. DeAngelo and Daniel E. March as follows: Page 1 of3 I: !: Ii :1 , -, ii , LEGAL CUSTODY EtTective February 22,2006 Gail L DeAngelo shall have sole legal custody of the minor child, Samara L March, age 9, born May 11, 1996, PRIMARY PHYSICAL CUSTODY " !! II :' Mother shall have primary physical custody of the child, i: " I' ,j ENTRY OF ORDER I; I' II I! ]1 :! The parties further stipulate and agree that this Agreement and Stipulation of Custody shall be presented to the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania with the understanding and request that the Court approve this agreement and Stipulation of Custody and enter the same as an Order of Court, IN WITNESS WHEREOF, the parties hereto ~e hereunto set their hands and seals the day and year tirst above written, i / Il II 'I '" !I II II JI II II Ii ,I I' ,I Ii I II II I I I I Daniel ,March, Detendant / 'lrv' , i 1 'I II II II 'J I II Ii , I i , Page 2 of3 '. COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK On this /J / sf day of '::Ju;...uZ ' 2006, before me, the undersigned ~t1icer, a Notary Public, personiy appeared Gail L. March now Gail L. i DeAngelo known to me (or satisfactorily proven) to be the person whose name is subscribed " II to the within instrument, and acknowledged that she executed the same for the purpose therein : i contained, Ii " I! !i I' " " Ii I, (,I " ~ -!>{u":c i Nofary blic () My Commission Expires: I I II II Ii ii II il II Ii Ii I COMMONWEALTH OF PENNSYLVANIA COUNTY OF 'L/ o-Jv On this Jl J 51 day of \U~i/~I , 2006, before me, the undersigned ofi'icer, a Notary Public, personally':/ppeared Daniel E, March known to me SS (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained I I II II ~i j\/' /" / /( 4t- ,. ~PliC . ,~ My Commission Expires: I 'I II II II il 1i ii I' Ii i ,I Lc(i:::, ',\. i'I,~'i\i VVcrrinrrUi l',/,,~ VOil-: Con-ln',I." \' :,,~i I':-i:~:' .,, ,",-j Page 3 of 3 , --n " c,) ~\ , c:\ " -;. y r,ECEIVEO FE3 2~' ZGJ6I'f1~ I: ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GAIL L. MARCH now GAIL L. DeANGELO, : NO. 02-394 Plaintiff VS. : CIVIL ACTION - LAW II I' Ii I DANIEL E. MARCH, ,I Defendant : IN CUSTODY " I' i: I! !I I! ORDER ,I I' ~ 1\ i: day of ,I , Ii il consideration of the foregoing Custody Agreement and Stipulation and on motion of Jane M [I II Ii I! 'I II il II II " I I I I II I' II II I ] II I I I II I il 'i !, " ]1 t; 11 AND NOW, to wit, this -5l , 2006, upon Alexander, Esquire, counsel for Plaintiff, Gail L March now Gail L DeAngelo, and Pro Se Defendant, Daniel E. March, it is hereby ordered, adjudged and decreed that the terms, conditions a rovisions of the attached Agreement and Stipulation of Custody of the parties dated Q..\ lD , ~ are adopted as an Order of Court as if set forth herein at length, By the Court Judge Cofr 9l \ifn to yY)[.C(~) DOn,e{ (y! y In ni I r.M ftJ:r;;"",_ AIQ.[lfldv- : I '. . ,"~ I n~' l) ~,..