HomeMy WebLinkAbout05-2612AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las
quejas expuestas en las paginas siguientes, debe tomar acci6n con prontitud. Se le avisa
que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulaci6n
puede ser emitido en su contra por la Corte. Una decisi6n tambi6n ser emitida en su
contra por cualquier otra queja o compensaci6n reclamados por el demandante. Usted
puede perder dinero, o propiedades u otros derechos importantes para usted.
Cuando la base para el divorcio es indignidades o rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros
matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County
Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD
MARTIAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE
QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTE SEA EMTTIDO,
USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE
ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE
INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O
LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE
PUEDE OBTENER ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA i7oi3
(717) 249-3166
1-8oo-99o-9io8
AMERICANS WITH DISABILITIES ACT OF igoo
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 199o. 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
Maryann Murphy, Esquire
PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050
(717) 730-0422
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOHN LILLY,
Plaintiff
:No, vs=a???
v.
IN DIVORCE/CUSTODY
JEANNE LILLY,
Defendant
COUNTI
COMPLAINT UNDER SECTION anoi(c) and 33oi(d)d)
OF THE DIVORCE CODE
AND NOW comes JOHN LILLY, by and through his attorney, Maryann
Murphy, Esquire, who respectfully avers as follows:
1. Plaintiff is JOHN LILLY who resides at 1829 Ridgeview Drive, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant is JEANNE LILLY who resides at 102 Hillcrest Drive, New
Cumberland, Cumberland County, Pennsylvania 17o7o.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth for at least six months immediately previous to the filing of this
Complaint.
4. Plaintiff and Defendant were married on August 27, 1997 in Cumberland
County, Pennsylvania.
5. There have been no prior actions for divorce or for annulment between the
parties.
6. Defendant is not a member of the Armed Forces of the United States of
America or any of its Allies.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised of the availability of marriage counseling and
that he may have the right to request the Court to require the parties to participate in
such counseling. Being so advised, Plaintiff does not request that the Court require the
parties to participate in counseling prior to a Divorce Decree being handed down by the
Court.
9. Plaintiff requests this Court to enter a Decree in Divorce from the bonds of
matrimony.
COUNT II
CUSTODY
10. Plaintiff hereby incorporates by reference all of the averments contained in
Count I of this Complaint.
11. Plaintiff and Defendant are the biological parents of one minor child,
namely, EMILY LILLY born September 28,1997•
12. The child was born out of wedlock. She resides with Plaintiff.
j-,. During the lifetime of the child, she has resided at the following addresses
with the following persons:
Time
A m
With Whom
birth -1/16/2005 26 Mallard Court Plaintiff and Defendant
Mechanicsburg, PA
i/i6/2oo5-present 1829 Ridgeview Drive Plaintiff, Plaintiffs friend
Carlisle, PA and her two children
14. The father of the child is JOHN LILLY. He is married to the Defendant.
15. The mother of the child is JEANNE LILLY. She is married to the
Plaintiff.
16. The child currently resides with Plaintiff, Plaintiffs friend and her two
children.
17. The Plaintiff has not participated as a party or witness, or in any other
capacity, in other litigation concerning the custody of the child in this or any other
Court, except as set forth above.
18. The Plaintiff has no information of a custody proceeding concerning
the child pending in a Court of this Commonwealth or any other Court.
19. 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.
2o. Each parents whose parental rights to the child have not been terminated,
and the persons who have physical custody of the child have been named as parties to
this action. There are no other persons known to have or claim a right to custody or
visitation of the child and therefore, no further notice of the pendency of this action and
the right to intervene shall be given, other than to the parties names herein.
21. The best interest and permanent welfare of the child will be served by
granting shared legal custody to the parents, and primary physical custody of the child
to Plaintiff.
WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree
dissolving the marriage between the Plaintiff and the Defendant, and granting Plaintiff
shared legal and primary physical custody of the child.
Respectfully submitted,
1
M 61
Murphy, Esq ' e
FMB 246
4902 Carlisle Pike
Mechanicsburg, PA t7o5o
(717) 730-0422
I.D. * 61900
Attorney for Plaintiff
I, JOHN LILLY, verify that the statements made in the foregoing Complaint in
Divorce 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.
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LILLY
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOHN LILLY,
Plaintiff
V. :NO. Q 5 ` oC 2 It VI { ?er m
JEANNE LILLY,
Defendant : IN DIVORCE/CUSTODY
STIPULATION FOR ENTRY OF CUSTODY ORDER
JEANNE LILLY (hereinafter referred to as "MOTHER"), and JOHN LILLY
(hereinafter referred to as "FATHER"), desiring to amicably settle and resolve the matter of
custody with respect to EMILY LILLY, born September 28,1997, the minor child involved
in this action, hereby stipulate and agree to the entry of an Order of Court awarding custody
of EMILY as follows:
1. The parents agree to share joint legal custody of EMILY. The parents agree that
major decisions concerning their child, including, but not necessarily limited to, the child's
health, welfare, education, religious training and upbringing shall be made after discussion
and consultation with each other, with a view toward obtaining and following an
harmonious policy in the child's best interest.
Each parent agrees not to impair the other parent's rights to shared legal custody of
the child. Each parent agrees not to attempt to alienate the affections of the child from the
other parent.
Each parent shall notify the other of any activity or circumstance concerning his or
her child that could reasonably be expected to be of concern to the other. Both parents shall
be informed of, and have the opportunity to participate in, all school functions, including
but not limited to, progress meetings, class parties, recitals, plays, and teacher conferences.
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. Section 53o9, each parent 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 of them as a parent as
authorized by statute. Both parents shall be entitled to a school calendar and copies of all
progress reports and report cards.
Each parent shall execute any and all legal authorizations so that the other parent may
obtain information from the child's schools, physicians, psychologists, or otherindividuals
concerning her progress and welfare. Both parents' names shall be listed with the school for
contact in emergencies.
2. The parents agree that primary physical custody of the minor child shall be with
FATHER The minor child shall attend school in FATHER's current school district.
FATHER agrees to remain in his current school district at least until the end of the 2004-
2005 school year so as not to interfere with EMILY's educational progress. Thereafter, if
either parent plans to relocate more than twenty-five (25) miles from her/his current
residence, the relocating parent agrees to give the other parent ninety (go) days written
notice to enable MOTHER and FATHER to reassess this custody schedule, or to give either
parent an opportunity to file a Petition for a modification with the Court.
3. The parents agree that MOTHER shall have partial physical custody of the minor
child two (2) nights per week to coincide with her days off from work. In addition, the
parents agree that MOTHER shall have two (2) weekend nights of partial physical custody
per month, corresponding with her evenings off from work.
4. MOTHER agrees to provide all transportation during the school year, except that
the parents shall share transportation on MOTHER's weekend period of custody. FATHER
agrees to provide all transportation during the summer.
5. The parents agree to permit and support the child's right to maintain relationships
with all family members. Special family events such as weddings, family reunions, family
gatherings, funerals, graduations, etc. shall be accommodated by both parents with the
regular custody schedule resuming immediately thereafter. Each parent shall have the
option of proposing time or date variations to the other parent when special recreational
options or other unexpected opportunities arise. Each parent must confer with the other
parent before arranging regularly occurring extracurricular activities for the child which
might interfere with the regular custody schedule.
6. The parents agree that they shall share or alternate holidays with EMILY
maximizing, to the extent possible, her time with both parents. Extended holiday school
breaks shall be equally shared between the parents by agreement.
7. The parents agree that the Christmas holiday shall be shared with one parent
having EMILY from Christmas Eve until Christmas Day, and the other parent having
EMILY from Christmas Day until December 26th. The specific Christmas schedule willtake
into account the time that MOTHER has her son, Zachary, and FATHER has his daughter,
Ashley, so that EMILY can enjoy Christmas with both of her half-siblings. In addition, the
parents agree that they shall equally share the child's Christmas vacation from school.
8. The parents agree that MOTHER shall have Mother's Day and FATHER shall
have Father's Day each year regardless of the usual schedule.
9. The parents agree that they shall both have the opportunity to see the minor child
on her birthday each year.
lo. MOTHER and FATHER agree that they shall equally share EMILY's summer
vacation from school on a week on/week off schedule.
ii. The parents agree that each shall be entitled to reasonable telephone contact
with the minor child.
12. Each parent agrees to provide the other with a current address and phone
number.
13. MOTHER and FATHER agree that this custody schedule can be altered or
revised by their mutual agreement.
14. Both parents agree to establish a no-conflict zone for EMILY and refrain from
making derogatory comments about the other parent in the presence of the minor child
and, to the extent possible, shall not permit third parties from making such comments in
the presence of the child. Each parent shall speak respectfully of the other whether it is
believed the other reciprocates or not. Communication should always take place directly
between the parents, without using the child as an intermediary.
15. The parents agree to alternate claiming EMILY as a dependent for income tax
h
purposes. In 20o5 and in all odd years thereafter, FATHER shall claim the child. In 2oo6
and in all even years thereafter, MOTHER shall claim the child.
i6. FATHER agrees to continue to provide medical insurance coverage for the
minor child for so long as it is available to him at a reasonable cost through his employer. In
the event he is no longer able to provide medical insurance, FATHER agrees to notify
MOTHER so that she can obtain such coverage.
The parents agree to equally share the cost of all medically necessary unreimbursed
medical expenses for the minor child.
17. The parents agree that this Stipulation shall be submitted to the Court of
Common Pleas of Cumberland County, Pennsylvania, for approval and for entry of an Order
awarding custody as set forth herein.
18. The parents hereby request that this Honorable Court enter such an Order which
shall replace and supersede any and all prior Orders and shall remain in full force and effect
pending further Order of Court.
IN WITNESS WHEREOF, the parties have executed this Stipulation for Entryof
a Custody Order on the date indicated below.
at itness
Date /' Witness OHN LILLY-
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RECEIVED MAY 2 0 2005
Maryann Murphy, Esquire
PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050
(717) 730-0422
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOHN LILLY,
Plaintiff I
V. NO.
JEANNE LILLY,
Defendant : IN DIVORCE/CUSTODY
ORDER OF COURT
AND NOW, this day of 2005, upon consideration of
the attached Stipulation for Entry of Custody Order, IT IS HEREBY ORDERED AND
that custody of EMILY LILLY, born September 28,1997, shall be as follows:
1. The parents shall share joint legal custody of EMILY. Major decisions
concerning their child, including, but not necessarily limited to, the child's health, welfare,
education, religious training and upbringing, shall be made by the parents after discussion
and consultation with each other, with a view toward obtaining and following an
harmonious policy in the child's best interest.
Neither parent shall impair the other parent's rights to shared legal custody of
the child. Neither parent shall attempt to alienate the affections of the child from the other
parent.
Each parent shall notify the other of any activity or circumstance concerning his or
her child that could reasonablybe expected to be of concern to the other. Both parents shall
be informed of, and have the opportunity to participate in, all school functions, including
but not limited to, progress meetings, class parties, recitals, plays, and teacher conferences.
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. Section 53og, each parent 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 of them as a parent as
authorized by statute. Both parents shall be entitled to a school calendar and copies of all
progress reports and report cards.
Each parent shall execute any and all legal authorizations so that the other parent may
obtain information from the child's schools, physicians, psychologists, or other individuals
concerning her progress and welfare. Both parents' names shall be listed with the school for
contact in emergencies.
2. Primary physical custody of the minor child shall be with FATHER The minor
child shall attend school in FATHER's current school district. FATHER shall remain in his
current school district at least until the end of the 2004-2005 school year so as not to
interfere with EMMY's educational progress. Thereafter, if either parent plans to relocate
more than twenty-five (25) miles from her/his current residence, the relocating parent shall
give the other parent ninety (go) days written notice to enable MOTHER and FATHER to
reassess this custody schedule, or to give either parent an opportunity to file a Petition for a
modification with the Court.
3. MOTHER shall have partial physical custody of the minor child two (2) nights
per week to coincide with her days off from work. In addition, MOTHER shall have two (2)
weekend nights of partial physical custody per month, corresponding with her evenings off
from work.
4. MOTHER shall provide all transportation during the school year, except that the
parents shall share transportation on MOTHER's weekend period of custody. FATHER
shall provide all transportation during the summer.
5. The parents shall permit and support the child's right to maintain relationships
with all family members. Special family events such as weddings, family reunions, family
gatherings, funerals, graduations, etc. shall be accommodated by both parents with the
regular custody schedule resuming immediately thereafter. Each parent shall have the
option of proposing time or date variations to the other parent when special recreational
options or other unexpected opportunities arise. Each parent must confer with the other
parent before arranging regularly occurring extracurricular activities for the child which
might interfere with the regular custody schedule.
6. The parents shall share or alternate holidays with EMILY maximizing, to the
extent possible, her time with both parents. Extended holiday school breaks shallbe equally
shared between the parents by agreement.
7. The Christmas holiday shall be shared with one parent having EMILY from
Christmas Eve until Christmas Day, and the other parent having EMILY from Christmas
Day until December 2611,. The specific Christmas schedule will take into account the time
that MOTHER has her son, Zachary, and FATHER has his daughter, Ashley, so that
EMILY can enjoy Christmas with both of her half-siblings. In addition, the parents shall
equally share the child's Christmas vacation from school.
8. MOTHER shall have Mother's Day and FATHER shall have Father's Day each
year regardless of the usual schedule.
9. Both parents shall have the opportunity to see the minor child on her birthday
each year.
io. MOTHER and FATHER shall equally share EMILY's summer vacation from
school on a week on/week off schedule.
u. Both parents shall be entitled to reasonable telephone contact with the minor
child.
12. Each parent shall provide the other with a current address and phone number.
13. This custody schedule can be altered or revised by mutual agreement of the
parents.
14. The parents shall establish a no-conflict zone for EMILY and refrain from
making derogatory comments about the other parent in the presence of the minor child
and, to the extent possible, shall not permit third parties from making such comments in
the presence of the child. Each parent shall speak respectfully of the other whether it is
believed the other reciprocates or not. Communication should always take place directly
between the parents, without using the child as an intermediary.
15. The parents shall alternate claiming EMILY as a dependent for income tax
purposes. In 2005 and in all odd years thereafter, FATHER shall claim the child. In 2oo6
and in all even years thereafter, MOTHER shall claim the child.
16. FATHER shall continue to provide medical insurance coverage for the
minor child for so long as it is available to him at a reasonable cost through his employer. In
the event he is no longer able to provide medical insurance, FATHER agrees to notify
MOTHER so that she can obtain such coverage.
The parents shall equally share the cost of all medically necessary unreimbursed
medical expenses for the minor child.
17. This Order shall replace and supersede any and all prior Custody Orders and
shall remain in full force and effect pending further Order of Court.
BY THE COURT:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOAN LILLY,
V.
JEANNE LILLY,
Plaintiff
Defendant
:No. 05-2612
: IN DIVORCE/CUSTODY
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
May 19, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (9o)
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. Section 4904
relating to unworn falsification to authorities.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOHN LILLY,
V.
JEANNE LILLY,
Plaintiff
Defendant
: No. 05-2612
: IN DIVORCE/CUSTODY
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3go1(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOHN LILLY,
V.
JEANNE LILLY,
Plaintiff
Defendant
: No. o5-2612
: IN DIVORCE/CUSTODY
AFFIDAVTI' OF CONSENT
i. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
May 19, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (9o)
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. Section 4904
relating to unsworn falsification to authorities.
Date JO LILLY
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOHN LILLY,
V.
JEANNE LILLY,
Plaintiff
Defendant
No. 05-2612
IN DIVORCE/CUSTODY
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION n3o1(c) OF THE DIVORCE CODE
i. 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.
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Date JO N LILLY
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOHN LILLY,
Plaintiff
:No. 05-2612
V.
JEANNE LILLY,
Defendant
: IN DIVORCE/CUSTODY
AFFIDAVIT OF SERVICE
I, Maryann Murphy, Esquire, depose and say:
1. That I am an adult individual residing in Cumberland County, Pennsylvania.
2. That on May 20, 2005, the Complaint in Divorce was mailed by first class U.S.
mail, postage prepaid, to the Defendant at the following address:
102 Hillcrest Drive
New Cumberland, PA 17070
3. That on June 14, 2005, the Defendant signed an Acceptance of Service which is
attached hereto.
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Maryann urphy, Esquire
PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050
(717) 730-0422
I.D. # 61goo
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOHN LILLY,
Plaintiff
: No. o5-x612
V.
JEANNE LILLY,
: IN DIVORCE/CUSTODY
Defendant
ACCEPTANCE OF SEKM-%
I, JEANNE IJ LY, Defendant in the above-captioned case, do hereby depose and
say that I personally received and accepted service of a true and correct copy of the
Complaint in Divorce on the date written below.
I understand that false statements herein are made subject to the penalties of i8
Pa.C.S. Section 4904, relating to unworn falsification to aluthorities.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOHN LILLY,
Plaintiff
: No. 05-2612
V.
IN DIVORCE/CUSTODY
JEANNE LILLY,
Defendant
PRAECIPE TO TRANSMIT REIMRD
To The Prothonotary:
Transmit the record, together with the following information, to the Court for entry
of a divorce decree:
1. Ground for divorce: Irretrievable breakdown under Section 3-301(c) of the
Divorce Code.
2. Date and Manner of service of the Complaint: Mailed to the Defendants first
class U.S. mail p¢?tage nrenaid on May 20, 200$ Acceptance of Service signed by the
Defendant and dated June 14 Zoos is attached hereto
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code: by Plaintiff, September 22.2oo5;,by Defendant, September 17.2005.
(b)(i) Date of execution of the Plaintiff s Affidavit required by Section 33oi(d) of the
Divorce Code: N/A.
(2) Date of filing and service of the Plaintiff's Affidavit upon Defendant: N/A,
4. Related claims pending: There are no outstanding claims.
5. 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 Section 3301(c) Divorce was filed with
the Prothonotary: September 28, 2005.
Date Defendant's Waiver of Notice in Section 330i(c) Divorce was filed with
the Prothonotary: September 22, 2005.
A,
Maryann M6Thy, Esquire
PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050
(717) 730-0422
I.D. #619oo
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
JOHN LILLY, Plaintiff
VERSUS
JEANNE LILLY, Defendant
N O. 05-2612 Civil Term
DECREE IN
DIVORCE
AND NOW, Qtfa6.. /L ` 2005
DECREED THAT
AND
JOHN LILLY
JEANNE LILLY
IT IS ORDERED AND
PLAINTIFF,
DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
There are no outstanding claims.
BY THE URTyA?
ATTES
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ROTHONOTARY
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JOHN LILLY,
Plaintiff
V.
JEANNE LILLY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-2612 CIVIL
IN CUSTODY
PETITION TO MODIFY CUSTODY
1. The Petitioner is John Lilly, (hereinafter referred to as "Father"), who is an
adult individual residing at 1829 Ridgeview Drive, Carlisle, Cumberland County,
Pennsylvania, 17013.
2. The Respondent is Jeanne Lilly, (hereinafter referred to as "Mother"), who
is an adult individual residing at an unknown location.
3. The parties are the natural parents of Emily Lilly, born September 28,
1997, (hereinafter referred to as "Child").
4. The parties are governed by an Order of Court dated May 23, 2005,
attached hereto as "Exhibit A", relative to the custody of the child.
5. Although the May 23, 2005 Order provides for partial physical custody with
Mother, Mother's whereabouts have been unknown since approximately March 14,
2007.
6. Mother previously picked the child up at school at the conclusion of the
child's school day and Father does not want this practice to continue pending the
receipt of information regarding mother's residence and whereabouts.
7. Mother's history suggests she may have a personal problem at this time
and Father is concerned about the child spending time with Mother given the manner in
which Mother has dropped out of the child's life.
8. Father believes it is in the child's best interest to discontinue her visits with
Mother pending Mother's return from her present absence and explanation for removing
herself from the child's life for the last two months.
WHEREFORE, Father requests that this Honorable Court Order that Mother's
time with the child be on visitation status pending Mother's explanation of her recent
whereabouts or pending further Order of Court.
Date: ? It - o 7
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Michael A. Scherer, Esquire
I. D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
mas.dir/domestic/f illy/modify.pet
VERIFICATION
I verify that the statements made in the foregoing Petition To Modify Custody are
true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities.
Date:"
Jo D. Lilly
t3'f .?,: pt C?
-04
L
JOHN LILLY,
Plaintiff
V.
JEANNE LILLY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-2612 CIVIL
IN CUSTODY
PRAECIPE FOR WITHDRAWAL OF COUNSEL
AND APPEARANCE OF COUNSEL
TO THE PROTHONOTARY:
Please note my withdrawal as counsel for the Plaintiff in the above-captioned
matter.
Date: j ? jo
BY: C?
Maryan urphy, Esq re
I. D. # 6 900
PMB 246
4902 Carlisle Pike
Mechanicsburg, Pennsylvania 17050
(717) 730-0422
Kindly enter our appearance on behalf the Plaintiff in the above-captioned
matter.
Date:
BY: Y*- k
Michael A. Scherer, Esquire
O'Brien, Baric & Scherer
I.D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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JOHN LILLY
V.
IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
05-2612 CIVIL ACTION LAW
JEANNE LILLY
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, August 02, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, August 13, 2007 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 hearing.
FOR THE COURT,
By: /s/ ohn .Man an t. Es q.
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
SS :01 WV C-- J iV L091
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AUG 2 32001 kfV
JOHN LILLY : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 05-2612 Civil Term
JEANNE LILLY .
Defendant : ACTION IN CUSTODY
Prior Judge: Edgar B. Bayley, P.J..
CONCWATION CONFERENCE SU"Y 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 child who is the subject of this
litigation is as follows:
Emily Lilly, born September 28, 1997, currently in the primary physical custody
of the Father..
G7
2. A Conciliation Conference was held on August 21, 2007 with the following
individuals in attendance:
The Father, John Lilly with his counsel, Michael Scherer, Esquire
The Mother, Jeanne Lilly failed to appear.
3. The parties agreed to the entry of an Order in the form as attached.
Date: 25 (?
John J, gan, Esquire
Custody Conciliator
JOHN LILLY
V.
Plaintiff
JEANNE LILLY
Defendant
Prior Judge: Edgar B. Bayley, P.J.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2612 Civil Term
: ACTION IN CUSTODY
AND NOW,,this VS` day of August, 2007, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. Legal Custody The Father, John Lilly and the Mother, Jeanne Lilly, shall enjoy
shared legal custody of the minor child, Emily Lilly, born September 28, 1997.
The parties 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 23 Pa.C.S. §5309, each parent shall be
entitled to all records and information pertaining to the child including, but not
limited to, medical, dental, religious or school records, the residence address of
the child and of the other parent. To the extent one parent has possession of any
such records or information, that parent shall be required to share the same, or
copies thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
2. Physical Custody: The Father shall have primary physical custody subject to
Mother's rights of partial physical custody which shall be arranged as the parties
may mutually agree.
3. This Order is entered pursuant to 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: 11Qel Scherer, Esquire
Vi eeaann?e Lilly, (location unknown
shn J. Mangan,. Esquire
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