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HomeMy WebLinkAbout05-0190 LORI E, FELTS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 05'- ~-<J CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY JAMES E. FELTS, 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. . IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 ASSOCIA TION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA / NO. OJ "I 70 CIVIL TERM LORI E, FELTS, Plaintiff JAMES E. FELTS, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT 1. Plaintiff is Lori E. Felts, who currently resides at 95 Chestnut Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is James E. Felts, who currently resides at 119 Fish Hatchery Road, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 24, 1989 at Mt. Holly, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the partIes, 7. Divorce is sought pursuant to the provisions of the Divorce Code, ~ 3301(c) and 3301(d), in that: a. The marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since November 21,2004, and continue to do so. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling, 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from June 24,1989, to November 21, 2004, the date oftheir separation, which property is "marital property". 12, Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property" . 13, Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. COUNT III - CUSTODY 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 15. The Plaintiff is Lori Felts, who currently resides at 95 Chestnut Road, Newville, Cumberland County, Pennsylvania 17241. 16. The Defendant is James E. Felts, who currently resides at 119 Fish Hatchery Road, Newville, Cumberland County, Pennsylvania 17241. 17. The Plaintiff seeks custody of the following children: a. Felicia S. Felts, born February 15, 1991, who resides at 95 Chestnut Road, Newville, Cumberland County, Pennsylvania; and b. Austin J. Felts, born March 25, 1998, who resides at 95 Chestnut Road, Newville, Cumberland County, Pennsylvania. 18. The children were born during wedlock. 19. The children are presently in the custody of the plaintiff, Lori Felts, who resides at 95 Chestnut Road, Newville, Cumberland County, Pennsylvania. 20. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Address Date Lori Felts 95 Chestnut Road, Newville, P A 11/21/2004 to present Lori & James Felts 119 Fish Hatchery Rd 2/15/1991 - 11/21/2004 Newville, PA 21. The mother of the child is Lori Felts, who currently resides at 95 Chestnut Road, Newville, Cumberland County, Pennsylvania. 22. The mother of the child, Lori Felts, is separated. 23. The father of the child is James E. Felts, who currently resides at 119 Fish Hatchery Road, Newville, Cumberland County, Pennsylvania. 24. Father of the child, James E. Felts, is separated. 25. The relationship of Plaintiff to the child is that of Mother. 26. The relationship of Defendant to the child is that of Father. 27. The Defendant currently lives alone. 28. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court, 29. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 30. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 31. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Mother has been the primary caregiver of the minor children since their births. She has: 1. Planned and prepared meals; ii. Bathed, groomed and dressed the children; lll. Purchased, cleaned and cared for the children's clothing; IV. Arranged medical care, including trips to physicians; v. Arranged alternative daycare; Vl. Put the children to bed nightly, attended the children in the middle of the night, and awakened the children in the morning. b. The children have a psychological bond with the Mother. c. Mother is able to provide a stable environment for the children. 32. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant primary physical custody of the children to the Plaintiff/Mother. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. DATE 0 I \ 01 I D 5 1~D.~~1u~ Kara W. Haggerty (-1- ( ID No. 86914 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, LORI FELTS, verify that the statements made In this Divorce and Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. ~ 4904 relating to unsworn falsification to authorities. Date /- (p -05 (J .---/ /'7aA.t~ c;:?' --L&o ) LORI FELTS ----. '~~~V ~..~ ~ -............... ~ " -JJ '"-, \) _ --.J \ ~ CXJ ~ Ci'\ ~ -r: ,-- /1' roo" .- --: "-- ,~' ... . 2:;. ).~, ' 2 -< ~ ,..~ = \:";.,) ~n L ;;J~ ::-L,: o -n ::r:! i'i'i ;I;) [.1 =Do ~::~' ~.~~ '-Ft~ ~;;..! ~J '< CJ '"":J .;::- ~- LORI E. FELTS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-190 CIVIL ACTION LAW JAMES E. FELTS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, January 14, 2005 , upon consideration of the attached Complaint, ii is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberlaud Couuty Courthouse, Carlisle on Thursday, February 17,2005 , the conciliator, at 8:30 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 detlne and narrow the issues to be heard by the court, and to enter into a temporary order. All children agc five or older mav also be present at the conferenc,e. Failure to appear at the conference mav 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: Isl Hubert X G~1rov. Esq. r1'" Custody Conciliator 7f The Court of Common Pleas of Cumberland County is required by law io comply with the Americans with Disabiliies 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 VE 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 Couniy Bar Associaiion 32 South Bedford Streei Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~ ~.Jf --: I"~ ""7 >"hI I _~ 1> ~ ~(/-, ;;27-/71 / ~ f:" ~ I''f''':'' It<n I'T,I ylpl I r:l ~IS j', 1 t'1'd\"" C(1r"':l Ii \' ...d..;1.. - LORI E. FELTS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 05-190 CIVIL TERM JAMES E. FELTS, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE I, Kara W. Haggerty, hereby certify that I did serve a true and correct copy of the Complaint under Section 3301(c) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on January 10, 2005, at Carlisle, Pennsylvania, addressed as follows: James E. Felts 119 Fish Hatchery Road Newville, PA 17241 Return card acknowledging receipt on January 12, 2005, is attached as Exhibit" A". ABOM & KUTULAKIS, LLP Date:14(, / D.5 ~w~ Kara W. Haggerty, uire ) 36 South Hanover Street Carlisle, P A 17013 (717)249-0900 Attorney for Plaintiff LD. No: 86914 1. ""_10: . . D. .................._ Yoo tfYEll._-..ry'-"'" .,.... {JMn.ve.~~ 11et F-~It,~l2tL '11b.J tJ~ fir I'f:JI.f / . to _ Number ~--~ . Pilitla.A ~11 ,\ Fe6rI.IaI12b04 I 11~.; rJo.'II1i'$lm ~t.W 0-._ r::t~iI ~~lcrMo."'_... 0....,.. O().Q.D. 4. _' . 'O~jE!lclI1oFeo} p.wr 7003 3110 0004 5769 8129 ,I DolrIe.tk! RM.m' ~ 1~'1AO ,.~.~-...",.....^' EXHIBIT "A" -".'. -------- ,'" " ,-~ ',:J-t (,-~ \;\ ~.".. G~) r" ~ c> - .v MAR 0 1 ~- y LORI E. FELTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JAMES E. FELTS, Defendant NO. 2005-190 IN CUSTODY COURT ORDER AND NOW, this ~ day of vvt 2.> ( ( , 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The Mother, Lori E. Felts, and the Father, James E. Felts, shall enjoy shared legal and shared physical custody of Felicia S. Felts, born February 15, 1991 and Austin J. Felts, born March 25, 1998. 2. Physical custody shall be handled on a shared physical arrangement with the parties alternating weekends and also alternating weekdays. This arrangement shall be such that Father will have custody on a Friday and Saturday evening with the children delivered back to the Mother on Sunday evening. Mother will then have custody through Wednesday when Father will have custody on Wednesday evening through Friday when the children will be delivered back to Mother. The schedule for the following week shall alternate similar to the schedule set forth herein. 3. The parties shall share custody of the minor children on major holidays to inclnde Thanksgiving and Easter. Unless agreed otherwise, those two days shall be split between 9 a.m. and 3 p.m. and 3 p.m. and 9 p.m., with the parties alternating the times on those days. 4. For the Christmas Holiday, the holiday shall be divided into two segments, segment "A" being from December 24th at noon until December 25th at noon and segment "B" being from December 25th at noon until December 26'" at noon. The parties shall <'-, ...:.:r I c~". :~',S :J~ () L;""::> t.;~::) <;':.;" f.."''''; .' - ~ alternate custody pursuant to the schedule of segment "A" and segment "B" with the Mother having segment "A" in 2005 with Father having segment "B", and the parties alternating thereafter. 5. Mother shall always have cnstody on Mother's Day and Father shall always have custody on Father's Day. 6. For the children's birthday, the parties shall endeavor to provide the non-custodial parent time with the child on their birthday or, if that is not possible because of school or other activities, to ensure that the parent has custody on the day before or the day after the birthday in order to celebrate the birthday. 7. Neither party shall consume alcohol to excess while they have custody of the minor children. 8. The parties may modify this cnstody schedule as they desire. However, in the event the parties are unable to reach any specific agreements on modifications of this schedule, the schedule set forth above shall control. In the event either party desires to modify this schedule and is unable to reach an agreement with the other party, that party may petition the Conrt to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, cc: JIarold S. Irwin, III, Esquire J'ara Haggerty, Esquire ~ (1 ;" 1 i ,,-}b '?:JD o LORI E. FELTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JAMES E. FELTS, Defendant NO. 2005-190 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Felicia S. Felts, born Febrnary 15, 1991 and Austin J. Felts, born March 25, 1998. 2. A Conciliation Conference was held on February 24, 2005, with the following individuals in attendance: The Father, James E. Felts, with his counsel, Harold S. Irwin, III, Esquire, and the Mother, Lori E. Felts, with her counsel, Kara Haggerty, Esquire. 3. The parties agree upon the entry of an Order in .the form as attached. :J-:;)B-or DATE Clfl- Hubert X. Gilroy, Custody Concilia r -,'1.b. b:;- No C:~;:;. (iL~ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 2/ ~""day of .J u '-'( , 2005, by and between JAMES E. FELTS, hereinafter referred to as "HUSBAND") and LORI E. FELTS (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 24, 1989; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. it is the purpose and intent of this agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this agreement as "Marital Property", as between themselves, their heirs and assigns. It is the further purpose of this agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 2. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 3. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 4. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel of his or her own choosing or has voluntarily elected not to obtain counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 7. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 8. DEBTS: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The HUSBAND shall assume all liability for and pay and indemnify the WIFE against any of his individual debts, the parties' joint mortgage obligation, the debt on the 1997 Ford F150, the Culligan account and the Discover Card. B. The WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts, the debt on the 1998 Ford Explorer and the Value City account. C. The parties agree that they have no other joint debts. 9. Except as otherwise provided herein, the parties agree that they will divide their personal property to their mutual satisfaction. No payment shall be made by either party to the other as a result of the division of property contained herein. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The following division of specific items of personal and real property will be equitably distributed as follows: A. REAL ESTATE: WIFE hereby releases to HUSBAND any interest she may have in the marital residence at 119 Fish Hatchery Road, Newville, Cumberland County, Pennsylvania 17241. Upon HUSBAND's refinancing of the parties' mortgage, WIFE will execute a release conveying all her right, title and interest in the home to HUSBAND and HUSBAND shall pay to WIFE a sum equal to one-half of the net equity in the home after deduction of the costs of refinancing. B. PERSONAL PROPERTY: 1.) Motor Vehicles - The HUSBAND hereby releases to WIFE the 1998 Ford Explorer and WIFE hereby releases to HUSBAND the 1997 Ford F150 and the 1989 Volkswagen Jetta. 2.) Bank Accounts - Each party shall retain their respective individual checking and savings account free of any claim by the other party and HUSBAND hereby releases to WIFE the proceeds of their joint checking account, which account WIFE agrees to close upon execution of this agreement. 3.) Employee Benefit and Retirement Plans - Each party shall retain all of their own employee benefit, savings and/or retirement plans' proceeds free of any claim by the other party; 4.) Other personal property - The parties agree that within fifteen days after the execution of this agreement, they will divide all of their remaining personal property, including, but not limited to furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as then divided. 10. INCOME TAX RETURNS: All future income tax returns will be filed separately and the parties will each retain any refund due to them. Each party shall be entitled to claim one of the children as a tax exemption. 11. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 12. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the marriage is irretrievably broken and that upon the expiration of ninety days from the date of service of the divorce complaint, the parties will execute and file the consents and waivers necessary to obtain the divorce. 13. BREACH: In the event of the breach of this agreement by either party, the non breaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 14. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 15. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. HUSBAND's legal counsel is Harold S. Irwin, III. WIFE's legal counsel is KARA W. HAGGARTY. 16. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 17. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. Fro! : IRWIN LAW OFFICE 717 243 9200 01/0~ '?005 14:14 #106 P.008/009 19. WAIVER Q.E CLAIMS AGAINST I!::!S ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he 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, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and 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 interests, rights and claims. 20. Unless otherwise stated herein, this agreement shall become effective immediately upon its execution by both parties, IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITN SSES: , ~;;0-;/, C/ -;&~ (SEAL) ..fAMES E. FELTS kivU0U) i-1~/ ZK/cfc/,! ," " "I \~ ~~'c. LORI E. FELTS ~. ( 17 ..--' / (SEAL) Fro~:IRWIN LAW OFFICE 717 243 9200 01/0~/?005 14:14 #106 P.009/009 COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this 2~7W day ofS(/1l~2005, JAMES E. FELTS, known to me (or satisfactorily proven) to be the person whose name Is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. 'N W'~ESS WHEREOF, , ",,,, h'~""6itJ{;d 00' offlo" ''',. Notary Public COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this d I ...rday of3u I '-I ,2005, LORI E. FELTS, known to me (or , satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. /'l ~ ." u:~ /lllCY(~- Nota ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Angela F Unger, Notary Public Orrstown Bom, Franklin County My Commission Expires Oct. 7, 2008 Member, Pennsylvania ASSOcIation of Notaries ( ,-~ , -,-" r<:: LORI E. FELTS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. 05-190 CIVIL TERM JAMES E. FELTS, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in divorce under ~3301 (c) of the Divorce Code was flied onJanuary 10, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: It) -rJ'-7-ClS- y/U{- e ~ LORI E. FELTS .1 -~ ~ c. _..; LORI E. FELTS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW Defendant : NO. 2005 -l..9...a- CIVIL TERM : IN CUSTODY JAMES E. FELTS, AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about January 10, 2005. Service of the complaint was made by certified mail. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. 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 unsworn falsification to authorities. SEPTEMBER 28, 2005 ~~ $Lt J~ES E. LTS / <0 ;>") .---~ ~~., "c: LORI E. FELTS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. 05-190 CIVIL TERM JAMES E. FELTS, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. Date: IV - A'l'-O,r ~- F (~) L RI E. FELTS C/ ;-,,'; -' r-- Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA LORI E. FELTS, v. : CIVIL ACTION - LAW Defendant . : NO. 2005 - -L3i2.-- CIVIL TERM : IN CUSTODY .lAMES E. FELTS, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE YNDER SECTION 3301 (!tl OF TH,E DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. September 28, 2005 k~(~?4$ .JAMES E. FELTS ' 1'--.' :.~\ ;"'-.) C':..~ .- .. LORI E. FELTS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. 05-190 CIVIL TERM JAMES E. FELTS, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground(s) for divorce: irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Januat;y 12. 2005. via certified mail. return receipt requested. An Affidavit of Service was flied on January 18,2005, confirming service. 3. Complete either paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: by Plaintiff October 27. 2005; by Defendant September 28. 2005. (b)(1) Date of execution of the Affidavit required by ~3301(d) of the Divorce Code: N I A; (2) Date of filing and service of the Plaintiff's affidavit upon the Respondent: N I A. 4. Related claims pending: None. .~ S. Complete either paragraph (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: N / A. (b) Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was flied with the Prothonotary: October 28. 2005 Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: October 27.2005. Respectfully submitted, ADOM & KUTUL4KIS, L.L.P DATE 112120/05 ~;J- ~ Kara W. Haggerty, Es~ 36 South Hanover Stre Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff 10 #86914 .- - CERTIFICATE OF SERVICE AND NOW, this 28th day of October, 2005, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Transmit Record upon the Defendant by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: Harold S. Irwin, III 64 Pitt Street Carlisle, PA 17013 Respectfully submitted, ADOM & KUTULAKIS, L.L.P DAm~m IDee ~ Kara W. Haggerty,1<\s . e 36 South Hanover Street \ Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 , ~ ~ ~ . " l......, 1,' C:.' h; .. +~+++++ ++ ++ +++ +++++ ++.+.+.+.+ +.+++++.+ +.+. ++.++.+ ++.+++++++.++++++++++++~ . IN THE COURT OF COMMON PLEAS ; . . . . . . . . . , , . . , . . , . , . , . , . , . . . . , , . , . . . . . . . , . . . . + , , . , + , + . , + + + + + + + . + . , + + . + , . , + + + + + , , + + + + . , . . + + + . , , + + + , , ++++ ++++++++ +++++++++ +++++++++ ++++++++ ++++++++++++++++++++++++++++ ? .+ . . + + + . + + + + . + + + . + + . + + + + + . + + + + + . + + + , , + , + + + + + , + , + + . , , + + , , + , + + , + + , , + , , + + , + , , + + + . , + + + , + + + + + + + + + + , , + + + + , , + + + + ++ '+ +. '+: OFCUMBERLANDCOUNTY LORI E. FELTS, PENNA. STATE OF 05-190 CIVIL Plaintiff No. VERSUS J MvIES E FELTS Defendant DECREE IN DIVORCE N rl\/I!........ /"'C 1 7 Zoc$', IT IS ORDERED AND AND NOW, LORI E. I'ELTS DECREED THAT , PLAtNTIFF, JAMES E. I'ELIS AND , DEFENDANT. ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAtMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FtNAL ORDER HAS NOT YET BEEN ENTERED; ';' .,., J. ~~:Z~ ~ X/.o/./( ~# 'Jiv ;z ~>r~)'0P y. (J!'/! . " .. . -.~ .. LORI E. FELTS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v. NO. 05-190 CIVIL TERM JAMES E. FELTS, Defendant CIVIL ACTION-LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NO~ the Plaintiff, Lori E. Felts, by and through her attorney, Kara W. Haggerty, Esquire, avers the following: 1. The petition of Lori E. Felts, Plaintiff, respectfully represents that on March 2,2005, an agreement was entered that gave the Plaintiff, Lori E. Felts and the Defendant, James E. Felts, shared legal and shared physical custody of Felicia S. Felts, born February 15, 1991, and Austin]. Felts, born March 25, 1998, (a true and correct copy ofwruchisa~ched). 2. This custody agreement should be modified because: a. Father/Defendant left a voicemail message for the Mother/Plaintiff on her work phone on July 13, 2005, indicating that he did not want to see the children anymore. 1. Since this date, Father/Defendant has continued to leave messages of this nature on Mother/Plaintiff's voicemail indicating he no longer wished to have contact with the children. b. In addition, the Father asked that the Mother remove everything from the children's room at his house and to take both of their motorcycle's to her home. c. It is believed and therefore averred that Father/Defendant may be exhibiting signs of mental instability and/or depression. d. It is believed and therefore averred that the Father/Defendant has relapsed from his release from Roxbury Drug & Alcohol Treatment Center. e. It is believed and therefore averred that the minor children's performance at school have suffered in Father's care. f. Father/Defendant is no longer employed and as a result has no permanent address. 1. It is believed and therefore averred that the minor children do not have a place to stay when visiting the Father/Defendant. g. Father/Defendant does not communicate with Mother/Plaintiff regarding the children's health, health care, activities, and development. h. Father/Defendant limits communication between the children and the Mother/Plaintiff. WHEREFORE, Mother/Plaintiff requests that the Court modify the existing order for shared physical and legal custody and grant Mother/Plaintiff primary custody of their children, Felicia and Austin, because it will be in the best interest of the children. Respectfully submitted, MOM & KUTULAKI5, L.L.P. DATE~ Kara W. Haggerty Supreme Court ID 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff 'In w, "tl~ ffl 'i7'\i'J7, :,.'-;-. o ~~L~d.b \';!j t..:.:.. I ". '-, c...:: ~ nAR {J 1 m BY: --------WlUE..FELTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JAMES E. FELTS, Defendant NO. 2005-190 IN CUSTODY COURT ORDER AND NOW, this 2~ dayo~l\l'l, 2005, upon consideration of the attached Custody Conciliation report, it is ord~r~ted as fonows: 1. The Mother, Lori E. Felts, and the Father, James E. Felts, shall enjoy shared legal and shared physical custody of Felicia S. Felts, born February 15, 1991 and Austin J. Felts, born March 25,1998. 2. Physical custody shall be handled on a shared physical arrangement with the parties alternating weekends and also alternating weekdays. This arrangement; shall be such that Father will have custody on a Friday and Saturday evening with the children delivered back to the Mother on Sunday evening. Mother will then have custody through Wednesday when Father will have custody on Wednesday evening through Friday when the children will be delivered back to Mother. The schedule for the fonowing week shall alternate similar to the schedule set forth herein. 3. The parties shall share custody of the minor children on major holidays to include Thanksgiving and Easter. Unless agreed otherwise, those two days shall be split between 9 a.m. and 3 p.m. and 3 p.m. and 9 p.m., with the parties alternating the times on those days. 4. For the Christmas Holiday, the holiday shall be divided into two segments, segment "A" being from December 24th at noon until December 2~ at noon and segment "B" being from December 2~ at noon until December 2()fh at noon. The parties shall alternate custody pursuant to the schedule of segment "A" and segment "B" with the Mother having segment "A" in 200S with Father having segment "B", and the parties alternating thereafter. S. Mother shall always have custody on Mother's Day and Father shall always have custody on Father's Day. 6. For the children's birthday, the parties shall endeavor to provide the non-custodial parent time with the child on their birthday or, if that is not possible because of school or other activities, to ensure that the parent has custody on the day before or the day.after the birthday in order to celebrate the birthday. 7. Neither party shall consume alcohol to excess while they have custody of the minor children. 8. The parties may modify this custody schedule as they desire. However, in the event the parties are unable to reach any specific agreements on modifications of this schedule, the schedule set forth above shall control. In the event either party desires to modify this schedule and is unable to reach an agreement with the other party, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY TIlE COURT, J3} 3. ~r: n9 (j @.w, :k. Judge cc: Harold S. Irwin, m, Esquire Kara Haggerty, Esquire LORI E. FELTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JAMES E. FELTS, Defendant NO. 2005-190 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE i915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Felicia S. Felts, born February 15, 1991 and Austin J. Felts, born March 25, 1998. 2. A Conciliation Conference was held on February 24, 2005, with the following individuals in attendance: The Father, James E. Felts, with his counsel, Harold S. Irwin, ill, Esquire, and the Mother, Lori E. Felts, with her counsel, Kara Haggerty, Esquire. 3. The parties agree upon the entry of an Order in.the form as attached. ;;)-;)8-0S- DATE VERIFICATION I verify that the statements made in the foregoing MOTION TO MODIFY CUSTODY are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S.A. ~4904, relating to unsworn falsifications to authorities. DATE: /7/~/I()/p , ~ah' e-(j&UA2J Lori E. Felts ~R~ . ~~~ ~~ 0) C) ~ (, 1"<) ;~~ ;:-::-';- ::::.:! r". l!;t C~, I.-'"r I' j ':--\ LORI E. FELTS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-190 CIVIL ACTION LAW JAMES E. FELTS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, August 04, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 08, 2006 , the conciliator, at 10:30 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 hearinl!. FOR THE COURT. By: /s/ Hubert X Gilroy, Esq. 1)4 r' , 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 HA VE 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 - wr- ~ -ft. ~ ~ ~ "lc?- (. ~ h h~ ?- ~ ~Il, ")(},Cp ~ b' ?-~ ~ -f"/; ;;o-L' 3 VINV^lASNN3d .lJ.Nnoa (]~Wlif-mVino ZE: :ZI Wd L - SOY 900Z Al!Vl~r- :lO REC v . " SEP 1 ? 200(-' . !J'I LORI E. FELTS, Plaintiff IN THE COURT OF COM CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW JAMES E. FELTS, Defendant NO. 05-190 IN CUSTODY COURT ORDER AND NOW, this ,~tLday of September, 2006, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this Court's Order of March 2, 2005 is vacated and replaced with the following Order: 1. The mother, Lori E. Felts, shall enjoy legal and physical custody of Felicia S. Felts born February 15, 1991 and Austin J. Felts, born March 25, 1998. 2. The father, James E. Felts, shall enjoy periods of temporary custody of the minor children at such times and under such circumstance as agreed to by the mother. 3. In the event the father desires to modify this Order, he may Petition the Court to have the case again scheduled for a Conference with the Custody Conciliator. BY THE COURT, .r r""" -, , , .1 ('/ I , '" "" '''.1 (, ::/ " , LORI E. FELTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW JAMES E. FELTS, Defendant NO. 05-190 IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Felicia S. Felts, born February 15, 1991 and Austin J. Felts, born March 25, 1998. 2. A Conciliation Conference was held on September 8, 2006, with the following individuals in attendance: The mother, Lori E. Felts, with her counsel, Kara W. Haggerty, Esquire, and the father, James E. Felts, did not appear. Attorney Haggerty indicated that the father was served personally with Notice of the Conciliation Conference at a Settlement Conference the parties had in early August. 3. The mother relates that the father has not had any custody with the two minor children since December of 2005. 4. The Conciliator recommends an Order in the form as attached. r!lt1 / #'p DATE