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HomeMy WebLinkAbout06-0789 HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 2434090 ATTORNEY FOR PLAINTIFF LAFFERTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2006 - CIVIL TERM SHAWN J. LAFFERTYo . Defendant : IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 ROSEMARIE LAFFERTY, Plaintiff V. SHAWN J. LAFFERTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006 - -IMCIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 330"c OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: The plaintiff is ROSEMARIE LAFFERTY, an adult individual residing at 570 Opossum Lake Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is SHAWN J. LAFFERTY, an adult individual whose mailing address is 32 West Glebe Avenue, Newville, Cumberland County, Pennsylvania 17241. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on September 6, 1986 in Footdale, Fayette County, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. February 6, 2006a?e ROSENIARIE LAFFERTY, a tiff HAROLD S. IRWIN 111 Attorney for Plaintiff? 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 ROSEMARIE LAFFERTY, Plaintiff v. SHAWN J. LAFFERTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006 - L CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. February 6, 2006 v - ROSEMARIE LAFFERTY, P : iff (J c r-, C.J CO „T 41 ROSEMARIE LAFFERTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006 - 12!?_CIVIL TERM SHAWN J. LAFFERTY, Defendant : IN DIVORCE COMPLAINT - Eu c??? NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is ROSEMARIE LAFFERTY, an adult individual residing at 570 Opossum Lake Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is SHAWN J. LAFFERTY, an adult individual whose mailing address is 32 West Glebe Avenue, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the parents of a minor child, namely Sable M. Lafferty (born November 10, 1995, age 10 years). 4. The child resided with both parties from the time of her birth until their separation in July, 2005. Between the date of separation and the present, the child has lived primarily with the plaintiff, with the defendant having the child for regular periods of partial custody. 5. 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 any other custody proceeding concerning the child pending in a court of this Commonwealth. 6. 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. 7. Plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that plaintiff have primary physical custody and that defendant have specified periods of partial custody with the child in accordance with a schedule and under certain conditions which may be agreed upon at a conciliation to be held in this matter. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the child as aforesaid. February 6, 2006 HAROLD S. IRWIN, II Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the acts set forth in this petition 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. February 6, 2006 ?(? 41 R S MARIE LAFFERTY tl? N a - -r ??7r fli C . ROSEMARIE LAFFERTY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-789 CIVIL ACTION LAW SHAWN J. LAFFERTY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 16, 2006 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4tb Floor, Cumberland County Courthouse, Carlisle on Thursday, March 16, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to 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: lsl JaueL'ne M. Verney, 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 schedulec conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR AT -ORNEY 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 ?,:?,? 7 ? ?? , i G t'i ?:r ROSEMARIE LAFFERTY, Plaintiff V. SHAWN J. LAFFERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 789 Civil Term IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this / day of A144 2006, by and between ROSEMARIE LAFFERTY, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and SHAWN J. LAFFERTY, (Hereinafter referred to as "Father"), ofNewville, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one minor child, namely, Sable Marie Lafferty, date of birth November 10, 1995; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having, physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. The parties shall equally share physical custody of the child and shall alternate seven-day periods with the child, which will begin on Friday by 5:30 p.m. and last until the following Friday. Mother's period of custody will begin anytime after school on Friday on March 17, 2006 and no later than 5:30 p.m. The parties shall switch physical custody every Friday by 5:30 p.m. thereafter. If a parent having physical custody for that particular week is unable to care for the child for a period of more than six (6) hours, that parent will contact the other parent and offer a period of custody with the child before contacting any other caregiver or babysitter. The parties shall each have an block of time with the child on each major holiday. Nothing in this custody agreement will prevent the parties from making other arrangements for physical custody upon mutual agreement. 3. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages to the point of intoxication prior to transporting the child or be under the influence of any alcoholic beverages which would impair their ability to drive while transporting the child. 4. Contact Limited. Under no circumstances will either party allow the child to have contact with Dale Moyer. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each parry shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illn 9s of the Child. Emergency decisions regarding a child shall be made by the parent then having cust dy. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Bindine Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terns of this Agreement but in order to do so both parties must be in complete agreement to any new terns. That means both parties must consent on what the new terns of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement maybe adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Hal Irwin, Esquire 64 S. Pitt St. Carlisle, Pa. 17013 (717) 243-6090 Attorney for Mother S. Pitt St. azlisle, Pa. 17013 (717) 245-8508 Attorney for Father Rosemarie Lafferty, Mother Shawn J. Laf , Father zor IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: X4 Hal Irwin, squire Rosemarie Lafferty, Mother 64 St. S. Pitt Carlisle, Pa. 1701 (717) 243-6090 Attorney for Mother Jane Adams, Esquire 64 S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Father Shawn J. Lafferty, Father S"i'! r r. o z <Cj p{.. 'c-ri'7 GJ YJ J ROSEMARIE LAFFERTY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 06 - 789 Civil Term SHAWN J. LAFFERTY, : IN CUSTODY Defendant ORDER AND NOW, this < <v-t? day of M %-'' L, , 2006, having reviewed the attached agreement between the parties dated March 14, 2006, and filed March 15, 2006, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court. N\ -L ?AA cc: ?4al Irwin, Esquire, for mother ,,dime Adams, Esquire, for father YNVSInr?'-Nl Gd Z0:'t 14d 91 NVWgooz Abd10"tiVr';C%'u? :,lHi ao h.'."C' 1 V E D M0 -16 ' x/ ROSEMARIE LAFFERTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-789 CIVIL ACTION - LAW SHAWN J. LAFFERTY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 15th day of March, 2006, being advised that the parties have reached a stipulation agreeemnt, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, tqu ine M. Verney,/Esquire, Custod onciliator V!N`VAl kSMISO' ,q. jrG?' »t 4'. V4no 1 .q add 91 aw 9601 I Vic C ?' i' d 2H1 JO ROSEMARIE LAFFERTY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 06 - 789 Civil Term SHAWN J. LAFFERTY, : IN CUSTODY Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on February 8, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. qq Date: ?/f Z?111 J?? semarie Lafferty, Plai iff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE 1. I consent to 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. §4904 relating to unsworn falsification to authorities. Date: R emarie Lafferty, Plaint' r-D, 0 cz?2 CP V V- ROSEMARIE LAFFERTY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 06 - 789 Civil Term SHAWN J. LAFFERTY, : IN CUSTODY Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on February 8, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. the decree. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 2:?;/O Shawn J. Laffe efendan WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE 1. I consent to 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. §4904 relating to unsworn falsification to authorities. Date: n 4t Shawn J. Laffe , Defendant r-? GO N r ` D . -ro => i_ ffI c:.y i ROSEMARIE LAFFERTY, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 789 Civil Term SHAWN J. LAFFERTY, : IN DIVORCE Defendant TO: Hal Irwin, Esquire (Attorney of Record) 64 S. Pitt St. Carlisle, Pa. 17013 CC: Rosemarie Lafferty (with consent of Attorney of Record) 31 Russell Road Carlisle, Pa. 17013 DATE: March 30, 2007 NOTICE OF INTENT TO REQUEST ENTRY OF 3301(c) DIVORCE DECREE Defendant, Shawn Lafferty, intends to file with the court the attached Praecipe to Transmit on or after March 28, 2007, requesting that a final Decree in Divorce be entered. Respectfully Submitted: Date: ?b (S ' Adams, Esquire 1. No. 79465 C 4 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Defendant Shawn J. Lafferty M 1 ? H ROSEMARIE LAFFERTY, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 06 - 789 Civil Term SHAWN J. LAFFERTY, : IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301 c of the Divorce Code. 2. Date and manner of the service of the Complaint: Accepted by Defendant's Attorney, Acceptance of Service: Accepted on or about February 8, 2006. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: February 23, 2007 By Defendant: February 23, 2007 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 27, 2007. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 27, 2007. Respectfully Submitted: Date: Jane Adams, Esquire I.D. No. 79465 64 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Defendant Shawn J. Lafferty t y; " Yt? i ? r C? ROSEMARIE LAFFERTY, Plaintiff V. SHAWN J. LAFFERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 06 - 789 Civil Term : IN DIVORCE ACCEPTANCE OF SERVICE I, Jane Adams, Esquuire, represent Shawn J. Lafferty, in the above-captioned matter; I hereby accepted service of the Notice to Defend and Complaint in Divorce on or about February 8, 2006, which was filed by Plaintiff's Attorney under the above-captioned number and I hereby affirm I was authorized to do so. Date: "4 vi Jan Adams, Esquire 6 . Pitt St. C isle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT CT ?; R? ter`-'' +; ?' ? ? - r c, ? --? s-r rw _ ? ? u? ; _'9 ?j "? ?, [2) ?d.S ?` ROSEMARIE LAFFERTY, Plaintiff V. SHAWN J. LAFFERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 789 Civil Term IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Accepted on or about February 8, 2006. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: 7? Z 3 jo,-) By Defendant: 'Z/ 2 ? /,) -) 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 2l Z -7/0 -) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Respectfully Submitted: Date: ?A . A J Adams, Esquire No. 79465 4 . Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Defendant ?? c. ?? f ? 7 ? ?; ;? ? `._.. "CS .Y ? .. ? ?"; =?_ ? ? ?._.?T-i-1 ' j1 y .' ?'*J ---1 ,? ? } '? ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Rosemarie Lafferty Plaintiff VERSUS Shawn J. Lafferty, Defendant No. No. 06 - 789 Civil Term DECREE IN DIVORCE AND NOW, Floc"` 1607 , IT IS ORDERED AND Rosemarie Lafferty DECREED THAT PLAINTIFF, Shawn J. Lafferty AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,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; None. BY THE COURT: PROTHONOTARY (,Ov? 4v ?Ievv irl**V ROSEMARIE LAFFERTY, Plaintiff V. SHAWN J. LAFFERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 06 - 789 Civil Term IN CUSTODY PETITION FOR SPECIAL RELIEF 1. Defendant/Petitioner is Shawn J. Lafferty, (hereinafter referred to as "Father"), who currently resides at 12 Deer Ridge Lane, Carlisle, Pa. 17015. 2. Plaintiff/Respondent is Rosemarie Lafferty, (hereinafter referred to as "Mother"), who currently resides at 2231 Pine Road, Newville, Pa. 17241. 3. Mother and Father are the natural parents of one child, namely, Sable Marie Lafferty, date of birth, November 10, 1995. 4. The parties previously entered into a custody stipulation which was entered as an Order of Court on March 16, 2006, and was filed under the above-captioned docket number. This stipulation and Order and the attending correspondence are attached as Exhibit A. 5. The Order provided that the parties have shared legal custody and that the parties equally share physical custody, on a week on, week of basis, with the exchanges to be made every Friday at 5:30 p.m. 6. The parties observed the custody stipulation and Order from March 2006 to November 13, 2009. 7. On or about November 11, 2009, Father became aware that Mother arranged for the child to get a belly piercing, which was obtained without his prior notice or consent. 8. Such action was in violation of the prior Order which provides that the parties shall share legal custody of the child. 9. On Friday, November 13, 2009, the child was scheduled to return to Father's physical custody for one week, as per the prior Court Order. Mother informed Father that "she wasn't doing that" and that the child was going to be staying with her from now on. 10. Father contacted the police, who indicated that they would not assist him in the child's return. 11. As of the date of this filing, the child still has not been returned to him. 12. To date, Father has not received notice of a Petition for Modification filed by Mother. 13. Father has no other alternative but to request relief from this Honorable Court as Mother continues to deny Father physical custody of the child as of the date of this petition. 14. Father is requesting the following: a. An Order directing that physical custody of the child shall be immediately returned to Father pursuant to the Court Order. b. that Mother be directed to abide by the prior court Order which provides that Father has shared legal custody. c. Appropriate make-up time with the child. d. Any other relief that this Honorable Court may deem appropriate, which including a finding of contempt or Attorney's fees. 15. It is assumed that Mother does not agree with the relief requested. 16. This matter was previously handled by Judge Ebert. WHEREFORE, Plaintiff requests this Honorable Court enter an Order directly that the child shall be immediately returned to Father as well as any other such relief as this Court may deem appropriate. Respectfully submitted, Date: e Adams, Esquire I. No. 79465 7 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF fic C E I V E D I+iEUi ?'' F? ROSEMARIE LAFFERTY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 06 - 789 Civil Term SHAWN J. LAFFERTY, : IN CUSTODY Defendant ORDER AND NOW, this day of 2006 , having reviewed the attached agreement between the parties dated March 14, 2006, and filed March 15, 2006, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court. 91-ALamd- cc: Hal Irwin, Esquire, for mother Jane Adams, Esquire, for father Dili: /? Ia `?., 4Y ROSEMARIE LAFFERTY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 06 - 789 Civil Term SHAWN J. LAFFERTY, : IN CUSTODY Defendant o rrjui z 1.1 ;G m STIPULATION AND CUSTODY AGREEMENT ?_ -- - - ??a r ? .i ulati This Sti d C t d A t i d hi d f ?' _ rryy p on an us o y greemen s ma e t s ay o ,,200N by and between ROSEMARIE LAFFERTY, (Hereinafter referred to as "Mother"), of Carflsle, Cumberland County, Pennsylvania, and SHAWN J. LAFFERTY, (Hereinafter referred to as "Father"), of Newville, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one minor child, namely, Sable Marie Lafferty, date of birth November 10, 1995; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. The parties shall equally share physical custody of the child and shall alternate seven-day periods with the child, which will begin on Friday by 5;30 p.m. and last until the following Friday. Mother's period of custody will begin anytime after school on Friday on March 17, 2006 and no later than 5:30 p.m. The parties shall switch physical custody every Friday by 5:30 p.m. thereafter. If a parent having physical custody for that particular week is unable to care for the child for a period of more than six (6) hours, that parent will contact the other parent and offer a period of custody with the child before contacting any other caregiver or babysitter. The parties shall each have an block of time with the child on each major holiday. Nothing in this custody agreement will prevent the parties from making other arrangements for physical custody upon mutual agreement. 3. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages to the point of intoxication prior to transporting the child or be under the influence of any alcoholic beverages which would impair their ability to drive while transporting the child. 4. Contact Limited. Under no circumstances will either party allow the child to have contact with Dale Moyer. 5. Ongoing Relationehin. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Ifiness a he Child. Emergency decisions regarding a child shall be made by the parent then having cost dy. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement maybe adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the. parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Hal Irwin, Esquire 64 S. Pitt St. Carlisle, Pa. 17013 (717) 243-6090 Attorney for Mother *e Adams, Esqui 94 S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Father Rosemarie Lafferty, Mother Shawn J. La ty, Father IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: r ? Hal Irwin, squire Rosemarie Lafferty, Mother 64 S. Pitt St. Carlisle, Pa. 1701 (717) 243-6090 Attorney for Mother Jane Adams, Esquire Shawn J. Lafferty, Father 64 S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Father VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: / j-18-0q Shawn J. La rty, Pet i ner FILED-4r'CI OF THE PROTHC TAR 2009 NOV 19 AIM 13: 3 I CUNT: UivT' S ROSEMARIE LAFFERTY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 06 - 789 Civil Term SHAWN J. LAFFERTY, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this a Slay of ?-t) V tc9?k„Q;r.- , 2009, a hearing regarding Plaintiffs Petition for Special Relief is scheduled for the Off. day of 2009, at .4-eX./P.M in Courtroom No. s of the Cumberland County Courthouse in Carlisle, Pennsylvania. Pending the hearing, Mother shall return the child to Father immediately, and on the second Friday after the child's return, the parties are directed to resume the week on, week of schedule as provided in the prior Court Order. The local or state police shall assist, if necessary, in implementation of this Order. By the Court: A J. cc: Jane Adams, Esquire, for Father AT" Rosemarie Lafferty, Mother n Al OF 7HE f?i ' µ, I TARP 2QG4 OV 25 A " 10 1 CUU4_ w ?;. . 94 ROSEMARIE LAFFERTY, Plaintiff V. SHAWN J. LAFFERTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 06-789 Civil Term : IN CUSTODY ENTRY OF ATTORNEY APPEARANCE Kindly enter my appearance on behalf of the Plaintiff, Rosemarie Lafferty. submitted, S eri O 'Coover, ESQ. Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 ROSEMARIE LAFFERTY, Plaintiff V. SHAWN J. LAFFERTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 06-789 Civil Term : IN CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 9 h day of December, 2009, I caused a copy of the ENTRY OF ATTORNEY APPEARANCE to be served upon Defendant's counsel via United States first class mail addressed as follows: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 submitted, S ri D" `Coover, Esquire ttorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 FELEC-O F t E ^F 7HIE P} r THCINOTAPY 2009 DEC --9 PH 1: 4 8 UJUNTY Pbi*'SYLVA.NIA. ROSEMARIE LAFFERTY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 06 - 789 Civil Term SHAWN J. LAFFERTY, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this 1g4L` day of ! £C • , 2009, it is hereby ORDERED and DECREED: 1. Father shall have a make-up period of physical custody with the child which shall continue through December 18th, 2009. On that day, the parties shall resume their week-on, week-off schedule as provided in the prior Order of March 16, 2006. 2. The parties shall continue to enjoy shared legal custody of the child and shall consult each other in the making of decisions of importance in the life of the child, including educational, medical, and religious decisions. 3. The parties shall share physical custody on Christmas Day and shall exchange custody of the child at 5:30 p.m. on Christmas Day at a mutually agreed upon location. Transportation on Christmas Day shall be equally shared. effect. 4. Other than as provided herein, the Order of March 16, 2006 shall remain in By the Court: J. cc: Jane Adams, Sheri Coover, Esquire, for Father Esquire, for Mother c6ptiz-S7 W ? l?r FLED-CIFFICE OF THE 07`7H°`ONDTARY 2009 DEC 14 P 2= 2 7 N f. PENN { } t ; ,, Sheri D. Coover, Esquire Law Office of Sheri D. Coover Attorney ID 93285 44 S. Hanover Street Carlisle, Pa 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) 20f;0 F1 R - I AI I I: 35 ROSEMARIE LAFFERTY, Plaintiff V. SHAWN J. LAFFERTY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA No. 06-789 CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW, comes Plaintiff Rosemarie Lafferty by and through her attorney, Sheri D. Coover, Esquire and files the following PETITION FOR MODIFICATION OF A CUSTODY ORDER and in support thereof avers as follows: 1. On March 16, 2008, this Honorable Court entered an Order which made the March 14, 2006 agreement between the parties an Order of Court. The agreement provided that the parties share equally legal and physical custody of the minor child, Sable Marie Lafferty (DOB 11/ 10/2995) (A true and correct copy of this Order is hereby attached to this Petition.) 2. Petitioner is requesting that this Court modify the current custody order to grant her primary physical custody of the minor child for the following reasons: a. The minor child has a strained relationship with her step-mother which affects the minor child emotionally; S 70,00 0- J1 ez* b. Defendant does not take steps to intervene in the strained relationship between his wife and the minor child; C. The minor child has expressed to Plaintiff that she wants to reside with Plaintiff on a permanent basis; d. Plaintiff has a good relationship with the minor child and can support her emotionally and financially. 3. The well-being and best interest of the minor child would be for the Plaintiff to be granted primary physical custody of the child. 4. Judge Ebert was previously assigned to this case. WHEREFORE, Defendant/Respondent requests that this Court modify the current custody Order to grant the Defendant/Petitioner primary physical custody of the minor child. submitted, Wri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Law Office of Sheri D. Coover Attorney ID 93285 44 S. Hanover Street Carlisle, Pa 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) ROSEMARIE LAFFERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 06-789 SHAWN J. LAFFERTY, Defendant CUSTODY VERIFICATION I, Rosemarie Lafferty hereby certify that I have reviewed the foregoing PETITION TO MODIFY CUSTODY and aver that all of the facts contained therein are true and correct to the best of my knowledge, information and belief. I understand that I can be subject to penalties both criminally and civilly under Pennsylvania and federal law for any false statements contained therein. C9?.QNYIQl??, Rosemarie Lafferty a--olu-i0 Date Sheri D. Coover, Esquire Law Office of Sheri D. Coover Attorney ID 93285 44 S. Hanover Street Carlisle, Pa 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) ROSEMARIE LAFFERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 06-789 SHAWN J. LAFFERTY, Defendant CUSTODY CERTIFICATE OF SERVICE -?'(/? I, Sheri D. Coover, Esquire hereby certifies that on thisQ ? ' ' day of February 2010, I caused the foregoing PETITION TO MODIFY CUSTODY to be served upon counsel for the Plaintiff/Respondent by United States first class mail addressed as follows: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 submitted, ,yeri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 FcE- C E I V E U kikii ROSEMARIE LAFFERTY, Plaintiff V. SHAWN J, LAFFERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 789 Civil Term IN CUSTODY ORDER AND NOW, this )LA day of 41 " 1 2006, having reviewed the attached agreement between the parties dated March 14, 2006, and filed March 15, 2006, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court, cc: Hal Irwin, Esquire, for mother Jane Adams, Esquire, for father up. d'.. ROSEMARIE LAFFERTY, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 06 - 789 Civil Term SHAWN J. LAFFERTY, : IN CUSTODY Defendant 0 0 C L C! Q ? T '° ?•1•i ?•r i ? r71 , ? STIPULATION AND CUSTODY AGREEMENT ` _ -- =a : c < cn ; This Sti ulation and Custod A ree t i d thi I r d f 4 r16 1 p y g men s ma e s t1 ay o 00 by and between ROSEMARIE LAFFERTY, (Hereinafter referred to as "Mother"), of Car1i'sle, Cumberland County, Pennsylvania, and SHAWN J. LAFFERTY, (Hereinafter referred to as "Father"), of Newville, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one minor child, namely, Sable Marie Lafferty, date of birth November 10, 1995; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules;` special events notifications, report cards, and similar items shall be provided to the other party, , Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend'. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody; The parties shall equally share physical custody of the child and shall alternate seven-day periods with the child, which will begin on Friday by 5:30 p.m. and last until the following Friday. Mother's period of custody will begin anytime after school on Friday on March 17, 2006 and no later than 5:30 p.m. The parties shall switch physical custody every Friday by 5:30 p.m. thereafter. If a parent having physical custody for that particular week is unable to care for the child for a period of more than six (6) hours, that parent will contact the other parent and offer a period of custody with the child before contacting any other caregiver or babysitter. The parties shall each have an block of time with the child on each major holiday. Nothing in this custody agreement will prevent the parties from making other arrangements for physical custody upon mutual agreement. 3. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages to the point of intoxication prior to transporting the child or be under the influence of any alcoholic beverages which would impair their ability to drive while transporting the child. 4. Contact Limited. Under no circumstances will either party allow the child to have contact with Dale Moyer. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each parry shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and„visitation period. Each party agrees to supply the name, address, and telephone numbers of any persoWju whose care the child will be in for a period in excess of forty-eight (48) hours, and for each-per'so'n or entity which may provide daycare for the child. 4s of the Child. Emergency decisions regarding a child shall be made by the parent then having cust?dy. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement maybe adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement, This Agreement contains the entire understanding between the. parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. and Cu od 1TAgreement e MS V t EREOF, the pies have hereto duly executed the res day and year first above written. p ent Stipulation WITNESS: Hal Irwin, Esquire 64 S. Pitt St. Carlisle, .. (717) 24 Aft J e Adams, Esqui 94 S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Father Rosemarie Lafferty, Mother Shawn J. Laf , Father IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Hal Irwin, squire \ 64 S. Pitt St. Rosemarie Laffe ! Carlisle, Pa. 1701 m' (717) 243-6090. Attorney for Mother i+? Jane Adams, Esquire 64 S. Pitt St. Shawn J. Lafferty, Father Carlisle, Pa. 17013 (717) 245-8508 Attorney for Father ROSEMARIE LAFFERTY N-A N T I F F SHAWN J. LAFFERTY DEF F:NDANT AND NOW, IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 2006-789 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT Friday, March 05, 2010 upon consideration of the attached Complaint, it is herebv directed that patties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland Count Courthouse, Carlisle on Monday, April 05, 2010 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinil. FOR THE COURT, By: /ss/ fac uelrne M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disahilites Act of 1990. For infonnation 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 20f U MAR -? P 2: 2 Ct1?'??? FC,1;a r HIV +) ROSEMARIE LAFFERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. n r., NO. 06-789 4 SHAWN LAFFERTY, Defendant IN CUSTODY _ MOTION TO WITHDRAW PETITION FOR MODIFICATION OF CMaOD- ORDER 5? AND NOW, comes Plaintiff Rosemarie Lafferty, by and through her counsel, Sheri D. Coover, Esquire and files the following MOTION TO WITHDRAW PETITION FOR MODIFICATION OF CUSTODY ORDER and in support thereof avers as follows: I. On or around March 1, 2010, Plaintiff caused to be filed a PETITION FOR MODIFICATION OF CUSTODY ORDER. 2. Since the filing of the aforementioned petition, circumstances have caused the Plaintiff to decide that it would be in the minor child's best interest to withdraw the Petition for Modification. 3. Counsel for Defendant Shawn Lafferty has been notified of this decision by the Plaintiff and has no objection to the withdrawal of this Petition. 4. No parties are prejudiced by the withdrawal of this Petition. 5. The Honorable Judge Ebert had previously presided over this case. WHEREFORE, Plaintiff respectfully requests that this Court allow her to withdrawn her PETITION FOR MODIFICATION OF CUSTODY ORDER. submitted, Sh6ri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 ROSEMARIE LAFFERTY, Plaintiff V. SHAWN LAFFERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-789 IN CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 19`h day of March, 2010, I caused the foregoing MOTION TO WITHDRAW PETITION FOR MODIFICATION OF CUSTODY ORDER to be served upon Defendant's counsel via United States first class mail addressed as follows: Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 rIAK 1.4.LUIU ROSEMARIE LAFFERTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-789 CIVIL ACTION - LAW SHAWN LAFFERTY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 191h day of March, 2010, the Conciliator being notified that the Plaintiff has filed a Praecipe to Withdraw the Petition to Modify Custody, the Copsiliaws c, hereby relinquishes jurisdiction in this matter. T :. tv FF w FOR THE COURT, rr+ n, 4ac eline M. Verney, Esquire, stody Conciliator MAR 2'2 2010 ROSEMARIE V. TY, : IN THE COURT OF COMMON PLEAS aintiff : CUMBERLAND COUNTY, : PENNSYLVANIA 2- SHAWN LAFFERTY, : NO. 06-789 : IN CUSTODY ORDER OF COURT AND NOW this Petition to Withdraw hereby WITHDRAWN, ra day of March, 2010, upon consideration of Plaintiff's Petition to Modify Custody, the custody modification petition is Ai?A J. Distribution List: -, Sheri D. Coover, Esquire 444?4 S. Hanover Street, Carl, ?Jane Adams, Esquire (Alto 17 W. South Street, Carlisl CC Cwf mmin- -Ain. i .4u rrL' 7, U LS?L rney for Plaintiff) PA 17013 ey for Defendant) PA 17013 N O _ ROSEMARIE LAFFERTY', : IN THE COURT OF COMMON PLEAS Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA, vs. NO.: 06-789 CIVIL TERM SHAWN J. LAFFERTY : IN CUSTODY ^ , Petitioner/Defendant y? . - PETITION FOR MODIFICATION OF CUSTODY 1. The Petitioner, Father is Shawn J. Lafferty, who resides at 12 Debt, idy t ?; a Lane, Carlisle, PA 17015. 2. The Respondent, Mother is Rosemarie Lafferty, who resides at 71 West Main Street, Newville, PA 17241. 3. Whereas, Mother and Father are the natural parents of one minor child, namely, Sable Marie Lafferty, date of birth November 10, 1995. 3. A Stipulation and Custody Agreement was entered into by the parties on March 14, 2006. (Attached hereto and marked as Petitioner's Exhibit "A".) 3. Petitioner is requesting primary physical custody as it has been de facto since January of 2011, subject to periods of visitation for mother. WHEREFORE, the Petitioner requests a Modification of Custody. o,te SID Re tfully Submitted, By: Paul Bradford Orr, Esquire Attorney for Plaintiff/Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 PA Court ID # 71786 $'10.00 PO ATt'f el' 5953 eC2(03or// VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. DATE: Shawn J. Laffe , Petitioner/ fi ROSEMARIE LAFFERTY,- Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 06 - 789 Civil Term SHAWN J. LAFFERTY, : IN CUSTODY Defendant n G i?trr? ? m - STIPULATION AND CUSTODY AGREEME' T 1 y G This Stipulation and Custody- A` een_e. t is made this day of Am ? 9,200'6'"` Tj by and between ROSEMARIE LAFFtF_T` hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and i J. LAFFERTY, (Hereinafter referred to as "Father"), of Newville, Cumberland Coun y. Pennsylvania; WHEREAS, Mother and Father are the natural parents of one minor child, namely, Sable Marie Lafferty, da.e of birth November 10, 1995; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child; the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. Petitioner's Exhibit „A" NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, _pectal events notifications. report cards, and similar items shall be provided to the other party. e r` ^='` i= W n : dical; dental; optical and other appointments of a chi'tu ,vi t heLahcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 1. Physical Custody. The parties shall equally share physical custody of the child and shall alternate seven-day periods with the child, which will begin on Friday by 5:30 p.m. and last until the following Friday. Mother's period of custody will begin anytime after school on Friday on March 17, 2006 and no later than 5:30 p.m. The parties shall switch physical custody every Friday by 5:30 p.m. thereafter. If a parent having physical custody for that particular week is unable to care for the child for a period of more than six (6) hours, that parent will contact the other parent and offer a period of custody with the child before contacting any other caregiver or babysitter. The parties shall each have an block of time with the child on each major holiday. Nothing in this custody agreement will prevent the parties from making other arrangements for physical custody upon mutual agreement. 3. Transportation and Exchange The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for ` transportation from the residence or location of the other parent. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages to the point of intoxication prior to transporting the child or be under the influence of any alcoholic beverages which would impair their ability to drive while transporting the child. 4. Contact Limited. Under no circumstances will either party allow the child to have contact with Dale Moyer. 5. Ongoing Relationship: Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to suepiv the name, address, and telephone numbers of any person in whose care the child will be -Ir. for- a period in excess of forty-eight (48) hours, and for each person or enti:;- which mat; ro`: ide dav,- . . p are fcr the child. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having cust?dy. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting ]issues. S. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties crust consent on what the new tenns of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement maybe adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement, This Agreement contains the entire understanding between the. parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Hal Irwin, Esquire Rosemarie Lafferty, Mother 64 S. Pitt St. Carlisle.; Pa. 170'1-'- 4 Attorney for Mother 1 J e Adams, Esquire Shawn J. Laf Father S. Pitt St. arlisle, Pa. 17013 (717) 245-8508 Attorney for Father IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Rosemarie Lafferty, Mother ---per Jane Adams, Esquire Shawn J. Lafferty, Father 64 S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Father Attomey for Bother ROSEMARIE LAFFERTY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA - C ) r _ ?, - V. ' a= rnw 2a. «= 2006-789 CIVIL ACTION LAW SHAWN J. LAFFERTY - C T' 00 a , DEFENDANT IN CUSTODY Xpm ORDER OF COURT AND NOW, Wednesday, August 17, 2011 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 16, 2011 at 8:30_AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ? 01 ve ,made,/ -/, ?CO 1481red -& rlN /?try .?lacPd ?n oo? tleroe? Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Crr 4t