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HomeMy WebLinkAbout05-1369CARMEL ANNE ASTLES, Plaintiff V. GARRY ANDREW ASTLES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OS - /30 : CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a Decree of Divorce or Annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation ofyour 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 at: Cumberland County Courthouse One Courthouse Square Carlisle, PA 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 CARMEL ANNE ASTLES, Plaintiff V. GARRY ANDREW ASTLES Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. DS- 12V7 CIVIL ACTION - IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) AND 3301 (D) OF THE DOMESTIC RELATIONS CODE 1. Plaintiff is Carmel Anne Astles, a citizen of Pennsylvania whose primary residence is located at 728 Bosler Avenue, Lemoyne, Pennsylvania, 17043. 2. Defendant is Garry Andrew Astles, a citizen of Pennsylvania whose primary residence is 5699 Creekview Road, Mechanicsburg, Pennsylvania, 17055. 3. Plaintiff and Defendant are sui iuris. Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on May 14, 1994 in Harrisburg, Pennsylvania, 5. The marriage is irretrievably broken. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. There was one child born of this marriage. COUNT 1. Request for No-Fault Divorce Under 3301(c) and (d) of the Divorce Code 9. Paragraphs one through eight are incorporated as if fully set forth herein. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the riling of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. 13. Defendant is not now and has never been a member of the armed forces of the United States. WHEREFORE, if both parties file affidavits to a divorce after ninety days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. In the alternative, should the parties continue living apart for a period of time greater than two years, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. COUNT If Request for Fault Divorce under 4 3301 (a) (6) of the Domestic Relations Code Irretrievable Breakdown and Indignities and Adultry 14. Paragraph Nos. 1 through 13 are incorporated by reference as if fully set forth 15. The grounds upon which this action is based are irretrievable breakdown or, in the alternative, indignities to the person of Plaintiff, the innocent and injured spouse, so as to render her condition intolerable and life burdensome and a divorce pursuant to Section 3301 (c) or 3301 (a) (6) of the Domestic Relations Code is sought. 16, Defendant has violated the marital contract in that he is involved in an adulterous relationship. WHEREFORE, Plaintiff prays this Honorable Court issue a Decree in Divorce, divorcing her bonds of matrimony, pursuant to Section 3301 (c) or 3301 (a) (6) if the Domestic Relations Code. DATE: *1 ygos Respectfully submitted, Sanford Krev cy, Esquire Attorney r Plai tiff 1101 North FMnt Street Harrisburg, Pa 17102 ID # 15560 (717) 234-4583 CARMEL ANNE ASTLES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. GARRY ANDREW ASTLES : CIVIL ACTION - IN DIVORCE Defendant VERIFICATION I, CARMEL ANNE ASTLES, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: ?o ? - //- 0- CARMEL ANNE ASTLES CARMEL ANNE ASTLES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. GARRY ANDREW ASTLES : CIVIL ACTION - IN DIVORCE Defendant CERTIFICATE OF SERVICE AND NOW, this g _ day of ?? _ , 2005, I, Aimee L. Paukovits, for the Lawfurn of Krevsky & Rosen, P.C., on behalf of Plaintiff, CARMEL ANNE ASTLES, hereby certify that I have this day served a copy of the Complaint in the above-captioned matter, via First Class, Certified, U.S. Mail, on the following: GARRY ANDREW ASTLES 5699 CREEKVIEW ROAD MECHANICSBURG, PA 17055 I l i YV161 ? 1 //1 i 1? l CI`?(1 Aimee L. Paukovits 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 T? Q G r C'1 CARMEL ANNE ASTLES, Plaintiff V. GARRY ANDREW ASTLES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA :NO. p? /169 CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Carmel Anne Astles, a citizen of Pennsylvania, residing at 728 Bosler Avenue, Lemoyne, Pennsylvania, 17043. 2. The Defendant is Garry Andrew Astles, a citizen of Pennsylvania, residing at 5699 Creekview Road, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Sophia Astles 728 Bosler Avenue, Lemoyne 8 (DOB: 5/14/97) The child is presently in the custody of Plaintiff, Carmel Anne Astles, who resides at 728 Bosler Avenue, Lemoyne, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: From To With Whom Address Birth Present Mother 728 Bosler Avenue Lemoyne, PA The child was born in wedlock. The mother of the child is Plaintiff, Carmel Anne Astles, currently residing at 728 Bosler Avenue, Lemoyne, Pennsylvania. She is married. The father of the child is Garry Andrew Astles currently residing at 5699 Creekview Road, Mechanicsburg, Pennsylvania He is married. 4. 5. 6. The relationship of Plaintiff to the child is that of mother. The relationship of Defendant to the child is that of father. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. The best interest and permanent welfare of the child will be served by granting the relief requested because she has demonstrated that it is the best interests of the minor child that she continues as primary caregiver. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant her custody of the child. DATE: ?/14,-1n'5 Respectfully submitted, Sanford )k ?vsk} Attorney fbNR?ti ner 1101 North Front Street Harrisburg, Pa 17102 ID # 10625 (717) 234-4583 CARMEL ANNE ASTLES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. GARRY ANDREW ASTLES : CIVIL ACTION - IN CUSTODY Defendant VERIFICATION I, CARMEL ANNE ASTLES, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: 0 3 - / / - OS ARMEL ANNE ASTLES PO CARMEL ANNE ASTLES, Plaintiff V. GARRY ANDREW ASTLES , Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND, PENNSYLVANIA NO. : CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE AND NOW, this 811--day of fy a)g 2005, I, Aimee L. Paukovits, for the Law Firm of Krevsky & Rosen, P.C., attorneys for Plaintiff, CARMEL ANNE ASTLES, hereby certify that I have this day served a copy of the Complaint via First Class U.S. Mail, Certified Mail on the following: GARRY ANDREW ASTLES 5699 CREEKVIEW ROAD MECHANICSBURG, PA 17055 Aimee L. Paukovits 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 ? ? ? ? -.z G _ c- ? C -c? ??-? ?' 6- ? 1 p... , , , > ?? , ? ? ,,: .? CARMEL ANNE ASTLES PLAINTIFF V. GARRY ANDREW ASTLES DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN 05-1369 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, - Wednesday, March 23, 2005 , upon consideration of the attache Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 26, 2005 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the is if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to ente order. All children age five or older may also be present at the conference, Failure to appear at the provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Ab at 10:00 AM in dispute; or a temporary erence may orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearii FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. ?t Custody Conciliator 7 he Court of Common Pleas of Cumberland County is required by law to comply w with Disabilites Act of 1990. For information about accessible facilities and reasonable actor available to disabled individuals having business before the court, please contact our office. f must be made at least 72 hours prior to any hearing or business before the court. You must ati scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF HAVE AN ATTORNEY OR CANNOTAFFORD ONE, GO TO OR TELEPHONE'THE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association the Americans arrangements d the DO NOT ICE SET 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,5V_;5 £. ?V 3C U 341 :.ln CARMEL ANNE ASTLES, Plaintiff V. GARRY ANDREW ASTLES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-1369 CIVIL TERM CIVIL ACTION - CUSTODY CIVIL ACTION- DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Garry Andrew Astles. Date: Ja . $fad?(man, Esquire At r Vey; No. 07047 6 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant r? d - ? ?;': 3s -Z1, > ' ?, ; 3 ??' ? + ru O'' , _n ?r ? rJ.? ; -r i-. -: -rl y - -,? <?.j C r_i , v C. W y?r-?? ?_ -? •. ? ` 'r P -<. W RECEIVED MAY 16 200YIP CARMEL ANNE ASTLES Plaintiff V5. GARRY ANDREW ASTLES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1369 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 1? day of AAV"' , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Carmel Anne Astles, and the Father, Garry Andrew Astles, shall have shared legal custody of Sophia Astles, bom May 14, 1997. 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 this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the needs and interests of the Child. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. All costs of the evaluation shall be shared equally between the parties. 3. Pending completion of the custody evaluation and agreement of the parties or further Order of Court, the Mother shall have primary physical custody of the Child and the Father shall have partial physical custody on alternating weekends from Thursday, when the Father shall pick up the Child after school or camp through Sunday at 5:00 p.m. The alternating weekend schedule shall begin with the Mother having custody of the Child over the weekend of May 13-15, with the exception that the Father shall have custody of the Child from Friday, May 13 at 5:00 p.m. through Saturday, May 14 at 11:00 a.m. for the Child's birthday. The Mother shall have custody of the Child from July 14, 2005 through August 2, 2005 when the Father is traveling out of the country. 4. The parties shall share or alternate having custody of the Child over holidays as arranged by agreement. 5. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall notify the other party in advance of the location and telephone number where the Child can be contacted. 6. Each party shall provide to the other party 60 days advance notice of any intention to relocate his or her residence more than 25 miles from the existing residence to enable the parties to establish alternative custody arrangements by agreement or to resolve the relocation/custodial issues through the legal process. 7. 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. Within 60 days of receipt of the custody evaluator's recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual cons In the absence of mutual consent, the terms of this Order shall control. cc: Sanford A. Krevsky, Esquire -Counsel for Mother Jay R. Braderman, Esquire - Counsel for Father i ;,/ 7.CS ,, .. ;1C?"?.?7 ;" { ;??, ?,i _?? z?','t _ 1? CARMEL ANNE ASTLES Plaintiff VS. GARRY ANDREW ASTLES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1369 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sophia Astles May 14, 1997 Mother 2. A conciliation conference was held on May 11, 2005, with the following individuals in attendance: The Mother, Carmel Anne Astles, with her counsel, Sanford A. Krevsky, Esquire, and the Father, Garry Andrew Astles, with his counsel, Jay R. Braderman, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ??,-, ld, 3n__ v5 at??? Date Dawn S. Sunday, Esquire Custody Conciliator CARAMEL ANNE ASTLES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.05-1369 GARRY ANDREW ASTLES, : CIVIL ACTION - IN DIVORCE Defendant AFFIDAVIT OF SERVICE On this day of I Sanford A. Krevsky, attorney for Plaintiff, Caramel Anne Astles, served the Notice to Defend and Complaint in Divorce on the Defendant, Garry Andrew Astles, relative to the above matter. Said service was made on April 20, 2005 by U.S. Certified Mail, returned receipt requested at the following address: GARRY ANDREW ASTLES 5699 CREEKVIEW ROAD MECHANICSBURG, PA 17055 ENDER: I -Complete items 1 andror 2 for additional services. i -Complete items 3, 4a, and 4b. -Rdm your name and address on the reverse of this form so that we can return this i card to you. -Attach this form to the from of the mailpiece, or on the back if space does not permit. I -Write'Retum Receipt Requested' on the mailpiece below the article number. i -The Return Receipt will show to whom the article was delivered and the date delivered. . AmCIe A00resse010: (-q rq VA - (-Cqq uccirv12»:?6 ?Yl?c1gIC?>rt?, PR I"Xtj PS Form 3811 , December Sanford A. , Esquire Attorney for Plaintiff 1101 North Front Street Harrisburg, Pa 17102 ID # 15560 234-4583 I also wish to receive the following services (for an extra fee): 1. ? Addressee's Address 8 2. ? Restricted Delivery y Consult postmaster for fee. 7001 1940 0004 1686 1985 4b Service Type ? Registered Certified ? Express Mail ? Insured 5 ? Return Receipt for Merchandise ? COD a 7. Date f e iv ry, ° 'o a. 8. Addres e's Ad ess (Onln quested and fed is paid) 1R F y, uomesttc Return _ ?: Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant CARMEL ANNE ASTLES, Plaintiff V. GARRY ANDREW ASTLES Defendant 36 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1369 CIVIL TERM CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on March 16, 2005. 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. 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 unworn falsification to authorities. Date: '?` ?D o J y_C Garry Andrew Astles SSN: ?C. Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant CAP-MEL ANNE ASTLES, Plaintiff V. GARRY ANDREW ASTLES, Defendant 36 C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1369 CIVIL TERM CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree 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. 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 understand that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unswom falsification to authorities. Date: A\\b c- \-?6 Garry Andre stles SSN: 206 bit \q \?, JAN 13 M6 CARMEL ANNE ASTLES Plaintiff vs. GARRY ANDREW ASTLES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1369 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 12th day of January, 2006 , the conciliator, being advised by counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference is cancelled. FOR THE COURT, lL y - 4?:? Dawn S. Sunday, Esquire Z? Custody Conciliator 'l •t. 4.y i` .. ? ?? t W r:? t' ? ?':J i i .. Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant JAN 1? 2006 l' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-1369 CIVIL TERM CIVIL ACTION- LAW CUSTODY CARMEL ANNE ASTLES, Plaintiff V. GARRY ANDREW ASTLES, Defendant ORDER AND NOW, this _ /l7 day of January, 2006, upon agreement of the parties, the Court hereby ORDERS, ADJUDGES, and DECREES as follows: This Order supercedes all previous Custody Orders in the above-captioned matter. 2. Custody of Sophia Astles (hereinafter referred to as "Sophia") shall be exercised by Plaintiff, Carmel Anne Astles (hereinafter referred to as "Mother"), and Defendant, Garry Andrew Astles (hereinafter referred to as "Father") as follows: A. Legal Custody: Legal custody of Sophia shall be shared between the parties. Major decisions concerning Sophia, including but not limited to, Sophia's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in Sophia's best interests. Each party agrees not to impair the other party's rights to shared legal custody of Sophia. Each party agrees not to attempt to alienate the r affections of Sophia from the other party. Each party shall notify the other of any activity or circumstance concerning Sophia that could reasonably be expected to be of significant concern to the other. Day-to-day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of Sophia at the time of the emergency shall be permitted to make immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to full and complete information from any doctor, dentist, teacher, or other professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa. C.S.A. §5309. Both parties shall continue to utilize Dr. Gary Schwartz and his office as Sophia's primary care physician until further agreement of the parties or Order of Court. B. Physical Custody: Physical custody of Sophia shall be shared. Father shall have custody of Sophia from 5:00 p.m. on Sunday evenings until 7:00 a.m. Thursday mornings. Mother shall have custody of Sophia from 7:00 a.m. Thursday mornings until 5:00 p.m. Sunday evenings. (i) "Complete" weekends (i.e., Friday through Sunday night) may be exchanged between the parties as they may agree. (ii) The parties shall alternate the following holidays from 10:00 a.m. to 8:00 p.m.: Easter Sunday, Memorial Day, July 4`h, Labor Day and Thanksgiving. In even numbered years, Mother shall have Easter, July 4`h and Thanksgiving. Father shall have Memorial Day and Labor Day. In odd numbered years, Mother shall have Memorial Day and Labor Day and Father shall have Easter, July 4`h and Thanksgiving. The holidays and vacation schedule shall take precedence over the regular custody schedule. (iii) Every Christmas Eve from 12:00 p.m. noon with Mother until Christmas Day at 10:00 a.m. Every Christmas Day with Father from 10:00 a.m. until the day after Christmas until 10:00 a.m. (iv) Two weeks of uninterrupted summer vacation with each parent which weeks may be consecutive or nonconsecutive and must include that parent's regularly scheduled time with the child. The parties must give the other at least 30 days written notice of the weeks desired. (v) Mother shall provide all transportation (except school bussing) but this provision may be reviewed when and if Father has sufficiently recovered from back surgery so as to allow the parties to share transportation. (vi) Father's Day/Mother's Day: Father shall always have physical custody of Sophia on Father's Day from 10:00 a.m. through 8:00 p.m. and Mother shall always have custody of Sophia on Mother's Day from 10:00 a.m. through 8:00 p.m. C. The parties agree that Sophia shall be enrolled at Saint Joseph School in Mechanicsburg. D. Reasonable Contact: Each party shall be entitled to reasonable telephone or e-mail contact with Sophia while she is in the custody of the other. E. Alcoholic Beverages/Controlled Substances Prohibition: During any period of custody, the parties to this Order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests apply to this prohibition. I F. Derogatory Comments: The parties shall refrain from making any derogatory comments about the other party in the presence of Sophia and to the extent possible such third parties from making such comments in the presence of Sophia. G. Relocation Prohibition: Neither party shall permanently relocate if the relocation will necessitate a change in the visitation schedule or if relocation would exceed a twenty-five (25) mile radius without a minimum notice of sixty (60) days to the other parent. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a court hearing. Agreed to: ,oW a (f 4', -.11 el Anne Astles _1 Garry Andrew tles i i_ - , ?,,r ?? -;-,-?, ? ., . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARMEL ASTLES V. GARRY ASTLES DOCKET NO. 05-1369 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this 4th day of April , 2006, by and between GARRY ASTLES, hereinafter called "HUSBAND" and CARMEL ASTLES, hereinafter called "WIFE". WITNESSETH: WHEREAS, Husband and Wife were married on May 14, 1994 in Dauphin County, Pennsylvania; and WHEREAS, there is one children born of this marriage, Sophia Astles (DOB 5/14/97) WHEREAS, certain differences have arisen between the parties as a result of which they separated in February of 2005 and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency 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. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respected counsel, Jay Braderman, Esquire, for Husband, and Sanford A. Krevsky, Esquire, ofKrevsky & Rosen, P.C., for Wife. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, Whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Dauphin County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, or equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OFASSETS. Each of the parties hereto acknowledges that he or -2- she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign -3- each other or the respective families of each other, nor compel or attempt to compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENTDIVORCE. Wife has filed an action for divorce in Cumberland County, Pennsylvania filed to No. 05-1369. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this Agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for Husband who will promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. 5. COUNSEL FEES. The parties agree that they shall both be responsible for their respective counsel fees. 6. WIFE'S DEBTS. Wife represents and warrants to Husband that since the separation she has not and in the future will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the separation he has not and in the future will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. -4- 8. JOINT DEBTS. All joint debts shall be satisfied equally by Husband and Wife. The Identification of the marital debt is as follows: A. First Mortgage Wells Fargo $68,000.00 B. Home Equity Loan Wells Fargo $7,100.00 A. Indemnification to Wife: If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney fees incurred by Wife in connection therewith. B. Indemnification to Husband: If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney fees incurred by Husband in connection therewith. 9. REAL ESTATE. Husband and Wife agree that the marital home located at 728 Bosler Ave. Lemoyne, PA. shall be sold and the net proceeds shall be split as follows: $7,500.00 to Husband; any balance to Wife. Any mortgages, home equity loans, joint debts, liens, taxes, closing costs and other joint obligations shall be deducted from the sales price to determine the net value. Wife and Husband agree that this money will come directly from the check from the -5- sale and will not be held in an escrow account. Failure of Husband to comply with the signing, execution, witnessing or other requirements necessary for the transaction of the marital home shall be considered a major breach of this Agreement and shall void all terms of said Agreement. 10. ALIMONY. The parties agree to waive any rights to alimony which one may have for or against the other after the joint mortgage and home equity loan obligation is dissolved. 11. CUSTODY. A Custody Agreement will be agreed upon and executed separate from the Marital Settlement Agreement. 12. CHILD SUPPORT.Husband agrees to pay Wife $400.00 a month until the support amount can be re-evaluated in January 2006. 13. DISTRIBUTION OF PERSONAL PROPERTY. A. Household Property: The parties hereto mutually agree that Wife will retain the furniture, household furnishings, appliances, and other household personal propert-and they mutually agree that each party shall from and after date hereof be in possession of all such tangible personal property presently in his or her possession. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties will agree to sign, upon request, any title or documents necessary to give effect to this paragraph. Property shall be deemed to being the possession or under the control of -6- either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of the Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. B. Retirement Accounts: Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement and neither will make any claim against the other for any interest in such benefits during the period of marriage or separation except as stated herein or subsequently agreed upon in writing. D. Vehicles. Husband shall retain possession and Title to the 1997 Ford Explorer, 2005 Nissan Ultima and the 1994 Ford Pick-up. Parties hereby relinquish any and all claims which they may have on any vehicle owned or in the possession of the other. 14. MEDICAL INSURANCE. Husband agrees to continue to assume responsibility for medical insurance coverage for both Wife and Child until the date of the Final Divorce Decree. Thereafter, Husband will continue to cover Child. 15. TAXRETURNS. Wife and Husband warrant that they have paid all taxes on prior jointly filed returns including the calender year ending December 31. 2005; that they do not owe any interest or penalties thereon; and that no tax deficiency proceeding or audit is -7- pending or notice thereof received. Husband shall give Wife notice of any deficiency assessment and Wife shall give Husband notice of any deficiency assessment of which they individually or collectively become aware. The parties agree that should it ultimately be determined that any deficiency and/or penalty exists with respect to any jointly filed returns, the party responsible for the erroneous preparation and/or non-disclosure of information which has resulted in the deficiency and/or penalty, shall be solely responsible for the payment of the amount ultimately determined to be due, together with interest, as well as expenses that may be incurred to contest the assessment. For the year 2005 parties will file their tax return separately. 16. TIME OFDISTRIBUTION. Except as otherwise provided for in this Agreement, the assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. The parties shall coo erate by executing whatever documents are necessary to effectuate a divorce under 3301(c) or 3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance. However, upon refusal to consent, all distributed property shall be returned to the party originally in possession, until the time of final decree. 19. WAIVERS OF CLAIMSAGAINST ESTATES. Except as herein otherwise provided, each part y 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 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, courtesy, statutory -8- 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 any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, 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. RIGHTS ONEXECUTION. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 22. 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. 23. SEPARABILITY. Except for the provisions in paragraph 9 Relating to Husband's responsibility for signing documents for the transfer of the parties marital homy, which shall be considered a major breach , this Agreement, thereby voiding all provisions of the Agreement. In case any other provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 24. ENTIREAGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants and -9- undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of the Divorce Code or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 25. MODIFICATIONAND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 26. INTENT. It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on -10- the basis that such resort would constitute a breach under this Agreement, entitling the non- breaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be interpreted and governed by the laws of the Commonwealth of Pennsylvania and, where such law is inconsistent, the terms of this instrument shall govern. 28. DESCRIPTIVE AND HIGHLIGHTING HEADINGS. The descriptive headings and highlighting used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 29. AGREEMENT BINDING ONHEIRS Except as outlined in the foregoing provisions of this document, this Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 30. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the Parties stating that this Agreement is null and void. 31. AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties, divorce. This Agreement shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this Agreement. -11- IN WITNESS WHEREOF, The parties hereto set their hands and seals on the dates of their acknowledgements. SANFORD K EV YQ A L- 0 RMEL ASTLES, WIFE -12- WITNESS: CARMEL ASTLES, Plaintiff V. GARRY ASTLES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1369 : CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 3301 C OF THE DIVORCE CODE 1 • A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 16, 2005 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of final decree of divorce after service of notice of intention to request entry of decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 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: O!V - t7.,-i _ p Co CARMEL ASTLES ;. - , ;- ?, ?: ; <. Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant CARMEL ANNE ASTLES, Plaintiff v. 35 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY ANDREW ASTLES, NO. 05-1369 CIVIL TERM Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT I • A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 16, 2005. 2. The marriage between 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 in divorce after service of Notice of Intention to Request Entry of the Decree. 4. I understand that 1 may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. 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. relating to unworn falsification to authorities. Date: S. Section 4904, ?\ ?? Garry Andrew Astles SSN: 2D6 C- \rA /s E% CARMEL ASTLES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-1369 GARRY ASTLES, : CIVIL ACTION - IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is 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. § 4904 relating to unsworn falsification to authorities. DATE: c9 Y - y CARMEL ASTLES - ,. :. Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant CARMEL ANNE ASTLES, Plaintiff V. GARRY ANDREW ASTLES, Defendant 111 r 1. 36 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1369 CIVIL TERM CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 c OF THE DIVORCE CODE 2. lawyer's fees or expenses if I do not claim them before a divorce is granted. J. 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 understand that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unswom falsification to authorities. Date: ?\ \b o7 Garry Andre sties SSN: 206 64 \9\(?, I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, /? ??? CARMEL ASTLES, Plaintiff V. GARRY ASTLES, Defendant To The Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1369 : CIVIL ACTION - IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Grounds for divorce: Irretrievable Breakdown under Section (x) 3301 (c) the Divorce Code. 2. Date and manner of service of the Complaint: April 20, 2005 via Certified Mail 3. Date of execution of the Affidavit of Consent & Waiver of Notice of Intention to Request Entry of a Divorce Decree Under §3301 (c) of the Divorce Code required by Section 3301 (c) of the Divorce Code: by the Plaintiff on April 4, 2006; by the Defendant on November 16, 2005. 4. Related claims pending: Request that terms of Settlement Agreement dated April 4 2006 and executed by the parties be incorporated and not merged into the Divorce. -v Sanford A. {revsky, Esquire Attorney for ' f `J: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CARMEL ASTLES VERSUS GARRY ASTLES No. 05-1369 civil DECREE IN DIVORCE Z. ',w6 IT IS ORDERED AND AND NOW, MPk DECREED THAT AND CARMEL ASTLES GARRY ASTLES ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ¦ Ke It is requested that terms of settlement agreement dated April 4, 2006 and executed by the parties be into the divorce. BY TFA.Z COU ATTEST: and not merged J. PROTHONOTARY ,,,? ?.?, ,??vy??4? Wiz' ? ?`?, ??? -?' x? h ?,% CARMEL ANNE ASTLES, n/k/a CARMEL ELLIOTT Plaintiff, v GARRY ANDREW ASTLES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1369 CIVIL TERM CIVIL ACTION-IN DIVORCE PETITION FOR MODIFICATION AND FOR CONTgMPT OF CUSTODY ORDER AND NOW, comes the Plaintiff, Carmel Anne Astles, now known as Carmel Elliott, by and through her attorneys, Joseph D. Caraciolo, Esquire, and Foreman, Foreman and Caraciolo, P.C., and respectfully avers the following in support of her Petition for Contempt: 1. Plaintiff is Carmel Anne Astles, now known as, Carmel Elliot, Mother, who currently resides at 2641 Cranberry Circle, Harrisburg, PA 17110. 2. Defendant is Garry Astles, Father, who currently resides at 107 Melbourne Lane, Mechanicsburg, PA 17055. 3. On January 20, 2006, the parties entered into an agreement whereby legal and physical custody of the minor child would be shared according to the custody schedule designated therein. A true and correct copy of the Order is attached and incorporated herein as Exhibit "A". 4. From January, 2008 until June 2008, Father has only exercised' physical custody of the minor child for one weekend overnight per week. 5. Since June, 2008, Father has had no contact with the subject minor child. 6. According to the language of the Order of Court, paragraph 2E the parties shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. 8. In June, 2008, the Plaintiff was contacted by Children and Youth Services and informed that an anonymous tip had been provided that the Defendant was intoxicated while in the presence of the child. 9. Said intoxication is a violation of the language of the Order. 10. Defendant has not seen the child in an extended period of time. 11. Mother desires the following modification to the custody schedule which is more related to what the parties have actually been enjoying: A. Mother shall enjoy primary physical custody; B. Father shall enjoy periods of partial physical custody of one overnight per month; C. The parties shall refrain from making derogatory comments about the other party in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the child: D. Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the child; E. During any period of custody, the parties shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition; F. It is the intention of the parties that the child be protected from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parties shall, to the extent possible, avoid contact with such individuals of poor character. Violation of the provisions, set forth in this paragraph may be considered as contempt. WHEREFORE, Plaintiff respectfully requests that this Honorable Court find Defendant, Garry Andrew Astles, in contempt of the January 20, 2006 Order of Court and require him to comply with the Order, sanction him including fines, a period of incarceration, assess Plaintiff's attorneys fees, costs, and any other remedy as deemed appropriate by this Court and modify the Order for custody of the minor child. Respectfully submitted,,, P. C. Date:( U ?era? seph D. Caraciolb; Esquir 12 Market Street, 6t' Floor Harrisburg, PA 17101 717-236-9391 Attorney ID No. 90919 CARMEL ANNE ASTLES, IN THE COURT OF COMMON PLEAS OF n/k/a CARMEL ELLIOTT Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v NO. 05-1369 CIVIL TERM GARRY ANDREW ASTLES, CIVIL ACTION-IN DIVORCE Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Plaintiffs Petition For Modification and for Contempt of Custody Order upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same, First Class Mail, addressed as follows: Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant Respectfully submitted, Date: CX6-- Gr X00 Foreman, f6rer & JyS,aeph D. Car*}Glo,Esqur 12 Market Street, 6m Floor Harrisburg, PA 17101 717-236-9391 Attorney ID No. 90919 C. "P? o o o ?' ? ? ? v i ? l? ??) ? ? c:.? _.. } Y'1 E ?^ _. - t - `{: ,? f CARMEL ANNE ASTLES, NKA CARMEL IN THE COURT OF COMMON PLEAS OF ELLIOTT PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-1369 CIVIL ACTION LAW GARRY ANDREW ASTLES IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, August 08, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 02, 2008 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 all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1 Zw 56,2 61 :z Wd 8- OnV B40Z CARMEL ANNE ASTLES, n/k/a CARMEL ELLIOTT Plaintiff VS. GARRY ANDREW ASTLES Defendant Cl? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-1369 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this (O day of c 2008, upon consideration of the attached Custody Conciliation Re fort, it is ordered and directed as follows: Order. 1. The prior Order of this Court dated January 20, 2006 is vacated and replaced with this 2. The Mother, Carmel Anne Elliott, and the Father, Garry Andrew Astles, shall have shared legal custody of Sophia Astles, born May 14, 1997. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall continue his participation in the current alcohol treatment program and shall follow all recommendations of his counselor. The Father shall provide confirmation to the Mother or her legal counsel of continued participation in the treatment program. 5. Conditioned on compliance with the preceding provision of this Order, the Father shall have partial physical custody of the Child every week from Friday between 5:00 p.m. and 5:30 p.m. through 9:00 p.m., for which the Mother shall provide all transportation. 6. 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. The parties shall ensure, to the best of their ability, that all individuals with whom the Child has contact during his or her periods of custody are of good moral character. 8. The parties and their counsel shall appear for a custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, November 4, 2008 at 10:30 a.m. for the purpose of reviewing the custodial arrangements. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: ?seph D. Caraciolo, Esquire - Counsel for Mother ,/carry Andrew Astles - Father I?E.s rr?? t LL lob Y1N1PA WNt j7W AiNno. z 0 .1 Wd 91 d3S 8001 AVlO O l.Udd 3H I. ?O 301?4MBJ I CARMEL ANNE ASTLES, n/kla CARMEL ELLIOTT Plaintiff VS. GARRY ANDREW ASTLES Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-1369 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sophia Astles May 14, 1997 Mother 2. A custody conciliation conference was held on September 2, 2008, with the following individuals in attendance: the Mother, Carmel Anne Elliott, formerly Astles, with her counsel, Joseph D. Caraciolo, Esquire, and the Father, Garry Andrew Astles, who is not represented by counsel in this matter. 3. This Court previously entered an Order in this matter on January 20, 2006 under which the Mother had primary physical of the Child and the Father had partial physical custody of the Child. The Mother filed this Petition for Contempt and Modification. 4. The parties agreed to entry of an Order in the form as attached. °;2-00e Date r Dawn S. Sunday, Esquire Custody Conciliator CARMEL ANNE ASTLES, n/k/a IN THE COURT OF COMMON PLEAS OF CARMEL ELLIOTT Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2005-1369 CIVIL ACTION LAW GARRY ANDRES ASTLES Defendant IN CUSTODY ORDER AND NOW, this 25th day of November, 2008, the conciliator, having received no further request to reschedule the conciliation conference initially set for November 4, 2008, hereby relinquishes jurisdiction. FOR THE COURT, www-)- " / / Dawn S. Sunday, Esquire Custody Conciliator «_?' '?3?Fr ?} ? ? -T'3 ?. , J ? _ ?'' ? - r" ? '` ? ?l y Ga3 -»?( .C ? ?