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HomeMy WebLinkAbout06-0859AMBER L. DONNELLY, Plaintiff VS. MICHAEL L. DONNELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0(,- i'' 5 9 Civil Term ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 244-3166 AMBER L. DONNELLY, Plaintiff VS. MICHAEL L. DONNELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. D G - S'57 Civil Term ACTION IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Amber L. Donnelly, a competent adult individual, who has resided at 357 Maple Lane, Carlisle, Cumberland County, Pennsylvania, 17013 since July 2004. 2. Defendant is Michael L. Donnelly, a competent adult individual, who is believed to reside at 424 Fairground Ave., Carlisle, Pa. 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September 19, 2003 in Perry County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have one child together; namely, Emily Marie Donnelly, date of birth, October 16, 2004. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. COUNT 11 - CUSTODY 11. Sections 1. - 10. are herein incorporated by reference. 12. The parties are the natural parents of Emily Marie Donnelly, date of birth, October 16, 2004. 13. The parties have been unable to enter a custody stipulation in writing. 14. A custody complaint is being filed contemporaneously with this complaint. WHEREFORE, Plaintiff prays this Honorable Court, to enter a custody Order regarding the child. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ,n Date: dl-161A Amber L. onnelly, Pla' iff Respectfully submitted, No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ?. h? `.' ? < , `n ? --' e ; f, r -• c , ?ci \ ? v ? K? ?? ? ? ? ti ? - ? O, i. - G - . 17 C? ?.. ?. i ?• 2? a C 4 ?; n °? 1 AMBER L. DONNELLY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. S S q Civil Term MICHAEL L. DONNELLY ACTION IN CUSTODY Defendant CUSTODY COMPLAINT 1. Plaintiff is Amber L. Donnelly, who currently resides at 357 Maple Lane, Carlisle, Cumbeland County, Pennsylvania, 17013. 2. Defendant is Michael L. Donnelly, who is currently believed to resides at 424 Fairground Ave., Carlisle, Cumberland County, Pa., 17013. 3. Plaintiff is the mother of the following child and seeks custody of the following child: NAME DOB/AGE ADDRESS Emily Marie Donnelly 10/16/04 (1) 357 Maple Lane Carlisle, Pa. 17013 Mother and Father married on: September 19, 2003. Mother currently has primary physical custody of the child. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Amber and Michael 357 Maple Lane Birth - 2/9/6 Donnelly Carlisle, Pa. 17013 Amber Donnelly 357 Maple Lane 2/9/6 - present Carlisle, Pa. 17013 The mother of the child is Amber L. Donnelly. She is married to Michael L. Donnelly. The father the child is Michael L. Donnelly, and he currently resides at: 424 Fairground Ave., Carlisle, Pa. 17013. He is married to Amber L. Donnelly. 4. The relationship of plaintiff to the child is that of Mother. The persons that the Plaintiff currently resides with are: the child. 5. The relationship of defendant to the child is that of Father. The persons that the Defendant is believed to reside with are his parents. 6. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties Ma rated on February 9 2006, when Father moved out of the marital home Mother is requesting an order which indicates that she has rim physical custody and that the parties shall have shared legal custody. Mother believes that it would be in the best interest of the child that the child remain with her since has been the primarv caretaker since birth. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the child. Respectfully Date: U'` I[ i Adams, Esquir No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: Amber L. Donn ly, Plaintiff AMBER L. DONNELLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-859 CIVIL ACTION LAW MICHAEL L. DONNELLY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February16, 2006 ,, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 16, 2006 at 9:30 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/ Hubert X.GilroREE. Custody Conciliator lY 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 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 17 ?Jh11 c': IJ? AMBER L. DONNELLY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 859 Civil Term MICHAEL L. DONNELLY, ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this February 24, 2006, I, Jane Adams, Esquire, hereby certify that on February 16, 2006 a certified true copy of the NOTICE TO DEFEND, COMPLAINT IN DIVORCE, AND CUSTODY COMPLAINT were served, via certified mail, return receipt requested, addressed to- Michael L. Donnelly 424 Fairground Ave. • complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Carlisle, Pa. 17013 0 Print your name and address on the reverse so that we can return the card to you. DEFENDANT ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 11 A. . Received by (Printed Namer C a b 1 uerv il"' t k,- ( E nit ? 7 D. Is delivery address different fw4fi Rem 17 ?? Yes If YES, enter delivery address below: )RtNo M,t C H PC L I--. o N 0,9,L< Ffl-I R- kou oZ AxJE +LkR?t.SLL: I P(4 176(3 3. Service Type Certified Mail ? Express Mail Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7005 1820 0002 4619 1804 (1rnnsfarfromse icerabef - PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 lane Adams, Esquire D. No, 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF rte. ; ?_ . ?r, ? Trt cw .: .--. Eye . ? i". AMBER L. DONNELLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 859 Civil Term MICHAEL L. DONNELLY, ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this March 7, 2006, I, Jane Adams, Esquire, hereby certify that on A)(jgC?3) )00(, a certified true copy of the ORDER SETTING A CUSTODY CONCILIATION was served, via certified mail, return receipt requested, addressed to: Michael L. Donnelly 424 Fairground Ave. SENDER: COMPLETE THIS SECTION 17013 Pa Carlisle ¦ Complete items, 2, and 3. Also complete . , Item 4 if Restricted Delivery is desired. DEFENDANT ¦ Print your game and address on the reverse so thgp,-?e can fetum the card to yotV' ¦ Attach, this card to the back of the mailpiece, or on the front if spac"e permits. t, Article Addressed to: 424 77I W7, C48LIST=; ?r 17713 r A. signature X,el i ? Agent B. Received Date of Delivery 0. Is delivery address different ! item 1? ?0 Yet If YES, enter delivery ad ss below: `ZNo I3. Service Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise 0 Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 704 1350 0003 7288 4691 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 10259"2,M-1540 Respectfully l ale Adams, Esquire UP. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF MAR 2 0 2006 AMBER L. DONNELLY, Plaintiff V. MICHAEL L. DONNELLY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-859 CIVIL ACTION - LAW IN CUSTODY COURT ORDER t?t AND NOW, this I? day of March, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Amber L. Donnelly, and the Father, Michael L. Donnelly, shall enjoy shared legal custody of Emily Marie Donnelly, born October 16, 2004. 2. Physical custody shall be handled with the Mother having primary custody but the Father having periods of temporary custody as follows: A. From Sunday, March 19`' at 9:00 a.m. until Tuesday, March 219 at 5:00 p.m. Father shall pick up the minor child at Mother's home and deliver the child back to the Mother at the end of all periods of custody. B. On Sunday, March 26th from 9:00 a.m. until 5:00 p.m. C. On Wednesday, March 29th from 9:00 a.m. until Thursday, March 30'h until 6:00 p.m. D. On Sunday, April 2nd from 9:00 a.m. until 6:00 p.m. E. From Wednesday, April 5th at 9:00 a.m. until Thursday, April 6`h at 6:00 p.m. F. On Sunday, April 9th from 9:00 a.m. until 6:00 p.m. 3. The parties will meet with the Custody Conciliator again for a conference on Tuesday, April 11, 2006 at 8:30 a.m. BY THE COURT, %A Cc: ,?ne Adams, Esquire 3Mr. Michael L. Donnelly V W O? Judge 16 ?.: `?? 7 ?PJ'? 4;1'"6 ;? ,'.?;? AMBER L. DONNELLY, Plaintiff V. MICHAEL L. DONNELLY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-859 CIVIL ACTION - LAW IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Emily Marie Donnelly, born October 16, 2004 2. A Conciliation Conference was held on March 16, 2006 with the following individuals in attendance: The Mother, Amber L. Donnelly, with her counsel, Jane Adams, Esquire The Father, Michael L. Donnelly, who appeared without counsel 3. The parties have only been separated one month. Mother is seeking primary custody. Father is unwilling to agree and a hearing may be necessary. However, the Conciliator feels that a temporary Order should be put in place that the parties try for a few weeks after which we should have another custody conciliation conference to review the matter. 4. The Conciliator recommends an Order in the form as attached. dy Date: March 7 , 2006 Hubert X. GjYroy, Esquire Custody C ciliator I APR I 't006 AMBER L. DONNELLY, IN THE COURT OF COMMON PLEAS OF _ Y Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-859 CIVIL ACTION - LAW • r _ IN CUSTODY MICHAEL L. DONNELLY, Defendant COURT ORDER AND NOW, this It N% day of April, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of March 27, 2006 shall be vacated and replaced with the following Order: 1. The Mother, Amber L. Donnelly, and the Father, Michael L. Donnelly, shall enjoy shared legal custody of Emily Marie Donnelly, born October 16, 2004. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of physical custody of the minor child as follows: A. Every Sunday from 9:00 a.m. until 6:00 p.m. 6. B. During the week when Father has his normal two days off from work, Father shall have custody from the first day at 9:00 a.m. through the second day at 6:00 p.m. C. Father shall also have custody on such other times as the parties may agree. 4. The parties shall alternate or share major holidays. 5. The parties shall afford each other at least one week vacation during the summer months with the understanding that they shall give the other parent at least 60 days' notice as to when they intend to exercise vacation. This Order may be modified by the parties by agreement. Absent an agreement, the parties shall follow the Order. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator. r A Cc: ,/J ne Adams, Esquire :r. Michael L. Donnelly BY THE COURT, M. L. Ebert, Jr. Judge I AMBER L. DONNELLY, Plaintiff V. MICHAEL L. DONNELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-859 CIVIL ACTION - LAW IN CUSTODY Prior Judge: The Honorable M. L. Ebert, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Emily Marie Donnelly, born October 16, 2004 2. A Conciliation Conference was held on April 11, 2006 with the following individuals in attendance: The Mother, Amber L. Donnelly, with her counsel, Jane Adams, Esquire The Father, Michael L. Donnelly, who appeared without counsel 3. The parties agree to the entry of an Order in the form as attached. Date: April 0 2006 a?-- ?? Hubert X. ilroy, Esquire Custody onciliator AMBER L. DONNELLY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 06 - 859 Civil Term MICHAEL L. DONNELLY, ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this August 4, 2006, I, Jane Adams, Esquire, hereby certify that on July 26, 2006, a certified true copy of the NOTICE TO DEFEND and COMPLAINT IN DIVORCE was served, via'ceMfied iaail,4atura, pt*uested, addressed to: Michael L. Donnelly 424 Fairground Ave. Carlisle, Pa. 17013 DEFENDANT ¦ Compkte Itens 1, 2, and 3. ANo oomplete A. > Item 4 it R901oted Delivery Is deeked. ¦ Print your na" end mMrsne on the relmn Am so that we can Munn the card to you. 0 S. Received by (PdMAW Nsae) . Dab. of 130 MV ¦ Attach 10 card to the tack of the mallplece, or on efilront if apace pemlta ? D. b deavery address dNhrart from Ihrm 1? rbe 1. Article Afilesecl to. If YES, enter delivery address below. A-No EL L DONNELLY AIRGROUND AVE SLE ^A 17013 0 EWM Atli 0 Ratum Recalpt for AMohmW 4. Reeek7adOa\rgeeiy, 2' WMAW " M m aaace !w 7005 1820 0002 4619 2061' (a PO Feen X11, Fetxuay 2004 Domeello Rabsn Reeeipt : '.. laesaaaeaaa?o Respectfully Submitted: &WO- Japq Adams, Esquire I. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ;; N ?a AMBER L. DONNELLY, Plaintiff VS. MICHAEL L. DONNELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 859 Civil Term : ACTION IN DIVORCE PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Amber L. Donnelly, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Plaintiff is Amber L. Donnelly, who currently resides at 357 Maple Lane, Carlisle, Cumbeland County, Pennsylvania, 17013. 2. Defendant is Michael L. Donnelly, who resides at 109 Carlisle Road, Newville, Cumberland County, Pa., 17241. 3. The parties are the natural parents of one child, namely, Emily Marie Donnelly, born October 16, 2004. 4. The parties are subject to an Order of Court regarding custody of the child, dated April 20, 2006, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 5. The Order provides that the Father shall have custody of the child every Sunday from 9:00 a.m. until 6:00 p.m. and on his days off through 6:00 p.m. on his second day off. 6. Since the custody Order was entered, Mother has obtained anew job which sometimes requires to her to work past 6:00 p.m. 7. The child currently does not attend day care; Mother has requested that Father keep the child past 6:00 p.m. and he has refused. 8. If Father'continues to refuse to keep the child, and accommodate Mother's work schedule, Mother may be forced to put the child in daycare, or hire a babysitter. 9. Mother does not believe it is in the best interest of the child for the child to enter daycare. Also, if Mother is forced to hire a babysitter, she will incur substantial unnecessary expenses which will be' in turn be passed on to Father in the form of an updated increased child support Order. 10. Mother, is requesting a custody conciliation at which the parties could further discuss an updated a suitable schedule for the physical custody of the child. 11. It is believed and averred that the best interest and permanent welfare of the child will be promoted by changes proposed in this custody petition. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the child Respectfully submitted, Date: l 6 I.D. No. 79465 64 So th Pitt Street Carlisle, Pa. 17013 ATTORNEY FOR PLAINTIFF AMBER L. DONNELLY, : IN THE COURT OF COMM Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-859 CIVIL ACTION - LAW MICHAEL L. DONNELLY, IN CUSTODY Defendant COURT ORDER AND NOW, this day of April, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of March 2;7, 2006 shall be vacated and replaced with the following Order: 1. The Mother, Amber L. Donnelly, and the Father, Michael L. Donnelly, shall enjoy shared legal custody of Emily Marie Donnelly, born October 16, 2004. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of physical custody of the minor child as follows: A. Every Sunday from 9:00 a.m. until 6:00 p.m. B. During the week when Father has his normal two days off from work, Father shall have custody from the first day at 9:00 a.m. through the second day at 6:00 p.m. C. Father shall also have custody on such other times as the parties may agree. 4. The parties shall alternate or share major holidays. 5. The parties shall afford each other at least one week vacation during the summer months with the understanding that they shall give the other parent at least 60 days' notice as to when they intend to exercise vacation. 6. This Order may be modified by the parties by agreement. Absent an agreement, the parties shall follow the Order. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator. qq I tl?.l/f Y +/?/41 ?YY:, ??4?A/f{6 ?II.iis,F?e?t IVY 'g. , to E [I : t% tl' tV '.iCi{ ?i?? ?INE Cc: Jane Adams, Esquire Mr. Michael L. Donnelly BY THE COURT, . L. be, Jr. Judge E7x?+l 6 F R R. ??.F App 1 ? 2m AMBER L. DONNELLY, Plaintiff V. MICHAEL L. DONNELLY, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-859 CIVIL ACTION - LAW IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody, Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Emily Marie Donnelly, born October 16, 2004 2. it Conciliation Conference was held on April 11, 2006 with the following individuals in attendance: The Mother, Amber L. Donnelly, with her counsel, Jane Adams, Esquire The Father, Michael L. Donnelly, who appeared without counsel 3. The parties agree to the entry of an Order in the form as attached. Date: April 2006 Hubert X. ilroy, Esquire Custody onciliator VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §49014 relating to unsworn falsification to authorities. Date: ` 'll1U Amber L. Donne 1 Peltitioner Y? \?\ \) ?? c?? C--a ._.? r--- ?-? ` n -rte; ' ' ? ? . ?? _? ?--, ? n, ? . -_. ;? ; ? 'T7 . . W W i T- ?.? -?--# ?.?t AMBER L. DONNELLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-859 CIVIL ACTION LAW MICHAEL L. DONNELLY DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 07, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 29, 2006 at 9:30 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/ Hubert X. Gilroy, Esq. Custody Conciliator Af* 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 A&V I _1 :Z !'ld 0- dS 9 0 0 Z T.,; 31-2o-,? -d AMBER L. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHAEL L. DONNELLY, NO. 06-859 Defendant IN CUSTODY COURT ORDER AND NOW, this )0 day of October, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered that this Court's prior Order of April 20, 2006 is vacated and replaced with the following Order: 1. The Mother, Amber L. Donnelly, and the Father, Michael L. Donnelly, shall enjoy shared legal custody of Emily Marie Donnelly, born October 16, 2004. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Every weekend from Saturday at 6:00 p.m. until Sunday at 9:00 p.m. B. During the week when Father has his normal two days off from work, from the first day at 9:00 a.m. through the second day at 9:00 p.m. C. At such other times as agreed upon by the parties. 4. The Mother shall always have custody of the minor child on Mother's Day and the Father shall always have custody of the minor child on Father's Day. This 5 provision shall supercede any other provision of this Order. 5. The holiday schedule shall be handled as follows: A. Christmas shall be split into two segments: Segment A being from December 24th at noon until December 25th at noon, and Segment B being from December 25th at noon until December 26th at noon. The parties shall alternate custody on those two Segments with the Mother having Segment A in 2006 and the Father having Segment B in 2006. B. Thanksgiving day shall be divided into two sessions, from 9:00 a.m. until 3:00 p.m. and from 3:00 p.m. until 9:00 p.m. The parties shall alternate this arrangement, with the Father having the morning session in 2006 and the Mother having the evening session with the parties alternating thereafter. C. For the New Year's holiday, the holiday shall be split into two segments: Segment A shall be New Year's eve from noon until New Year's day at noon, and Segment B shall be from New Year's day at noon until January 2"a at noon. The parties shall alternate these segments with the Father having the first segment starting on New Year's Eve 2006. D. For the Easter holiday, the day shall be divided from 9:00 a.m. until 3:00 p.m. and 3:00 p.m. until 9:00 p.m. The Mother shall have the first segment of Easter for 2007. E. The parties shall alternate custody for Memorial Day, July 4th and Labor Day. The times shall be from 9:00 a.m. until 9:00 p.m. The Father shall have custody on Memorial Day, 2007. 6. The parties shall afford each other at least one week vacation during the summer months with the understanding that they will give the other parent at least 60 days notice as to when they intend to exercise vacation. BY THE COURT, IW\ -? ?a M. L. Ebert, Jr., Judge cc: ne Adams, Esquire Ir. Michael L. Donnelly A ?Nr- i Co :? J L Z -1,10 SON AMBER L. DONNELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHAEL L. DONNELLY, NO. 06-859 Defendant IN CUSTODY Prior Judge: The Honorable M. L. Ebert, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Emily Marie Donnelly, born October 16, 2004 2. A Conciliation Conference was held on October 19, 2006, with the following individuals in attendance: The Mother, Amber L. Donnelly, with her counsel, Jane Adams, Esquire The Father, Michael L. Donnelly, who appeared without counsel 3. The parties agreed to the entry of an Order in the form as attached. October 19 , 2006 4 \& Hubert X. roy, Esquire Custody Conciliator AMBER L. DONNELLY, : IN THE COURT OF. COMMON PLEAS Plaintiff CUMBERLAND COUNTY; PENNSYLVANIA VS. No. 06 859 Civil Term, MICHAEL L. DONNELLY,, ACTION 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'. ecree 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. , 2. Date and manner of the service of the Complaint: served via certified mail, restricted delivery, return receipt requested, on February 16, 2006. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff February 5, 2007. By Defendant: February 5,-2007. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 8, 2007 Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 8, 2007 Respectfully Submitted: Date: Adams, Esquire No. 79465 64 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff ?' rt?? ?;. c,7 ? ? a AMBER L. DONNELLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 06 - 859 Civil Term MICHAEL L. DONNELLY, ACTION IN DIVORCE Defendant MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 200 ,7, and 1v C.?J , b between, AMBER L. DONNELLY, of Carlisle, Cumberland County, Pennsylv ia, hereinafter referred to as "WIFE", and MICHAEL L. DONNELLY, of Newville, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 19, 2003, in Perry County, Pennsylvania, and; WHEREAS, there was one child born of this marriage; WHEREAS, diverse, unhappy differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Husband and Wife, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged, and each intending to be legally bound, Husband and Wife hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each parry for entering into this agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceedings involving this agreement, with the exception of disclosure that may have been fraudulently withheld. In the event that either party, at any time hereafter, discovers such a fraudulently undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of such asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of such asset. 2. ADVICE OF COUNSEL. The Husband is PRO SE and does not have an attorney. The Wife has employed and had the benefit or counsel of Jane Adams, Esquire, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Husband and Wife acknowledge that this agreement is not a result of collusion, improper or illegal agreements. Husband has been advised of his right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Wife. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife has filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. Husband hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each parry as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parry last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each parry warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each parry agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them, including those for necessities. 8. OUTSTANDING JOINT DEBTS. (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. 9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code at 23 Pa.C.S.A. s3501 et. seq. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. As such, the parties acknowledge that Husband or Wife's obligation to make the payments defined in this agreement shall not be subject to termination, discharge, or discontinuance in bankruptcy or for any other reason or by any Court or tribunal. Should Husband or Wife pursue and action in bankruptcy and be successful in extinguishing his obligation to pay any debts for which he has assumed sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. At the time of the implementation of this alimony award, which may be made through the appropriate Domestic Relations of support office with the Court of Common Pleas of appropriate jurisdiction as Husband or Wife may select, such party shall then be responsible for any such debts extinguished through the other party's bankruptcy as described herein. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The Caravan shall be and remain the sole and exclusive property of Wife. (b) The Yukon shall be and remain the sole and exclusive property of Husband. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. MARITAL HOME. HUSBAND and WIFE hold title as Tenants by the Entireties a trailer located at 357 Maple Lane, Carlisle, Cumberland County, Pennsylvania. The parties agree as follows with respect to the marital residence: (a) WIFE shall have sole and exclusive possession of the trailer, located at 357 Maple Lane, Carlisle, Pennsylvania. As soon as reasonably possible, Husband shall sign off on the title to trailer, thereby transferring sole ownership into Wife's name alone. Husband shall cooperate in signing all documents necessary to effectuate this transfer. (b) As of the date of separation, and without regard to when bills for such items are incurred, received or due, WIFE shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and WIFE shall keep HUSBAND and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each parry hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. 15. INCOME TAX RETURNS. The parties have previously filed joint State and Federal Tax returns. Both parties agree that in the even any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty, and expense incurred in connection therwith. Such tax, interest, penalty, or expense shall be paid solely and entirely by the individual whose is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 16. CHILD SUPPORT. There is currently an Order for Child Support in Cumberland County, which was entered under Pacses No. 201108047, Docket No. 124 Support 2006. Within ten (10) days of signing this agreement, Wife will contact Domestic Relations in writing and indicate her agreement that arrearages regarding child support, in the amount of $800.00 or the current arrearage amount, whichever is LESS, shall be discharged. 17. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 18. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other parry any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 19. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 20. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 21. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 22. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 23. SEVERABILITY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 24. BREACH. If either party breaches any provisions of this agreement, the other parry shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. 25. INFORMED AND VOLUNTARY EXECUTION. Each parry to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: fitness Date: arl-?-O / MICHAEL DONNELLY, d COMMONWEALTH OF PENNSYLVANIA ):ss COUNTY OF CUMBERLAND On this, the day of , 2006, before me, the undersigned officer, personally appeared MICHAEL L. DONNELLY known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: SEAL c. ? c itness Date: 5 r C-?32u?2? acXS AMBER 41rN-NELLY, Wife COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the day of , 2006, before me, the undersigned officer, personally appeared AMBER L. DONNELLY known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: SEAL -4 AMBER L. DONNELLY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 06 - 859 Civil Term MICHAEL L. DONNELLY, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on July 19, 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. 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. ? a . j ? ,.. . , ?- I,, Date: ' Amber L. Donnell , Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND §3301(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. Datel5-(3-1 61 Amber L. Donn illy, Plaintiff ?--' L? C? -ri i v ? x ,--t ?; " r'". r 1 ?L?;? ^?3 ?? . ,_ ;' AMBER L. DONNELLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 859 Civil Term MICHAEL L. DONNELLY, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on July 19, 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. 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 unswom falsification to authorities. Date: Z = Sr . Michael L. Donne y, Defen 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 unswom falsification to authorities. Date: 7 ' S- 2 fL?? ` Michael L. Donnelly, efendant C'> ?' ?, - ._,, _ ?:? t?°?'r=° ? s c?? --? d ..., -- - ?, ?: ?.? ,, _: r,-; ?,,, :.C IN THE COURT OF COMMON P OF CUMBERLAND COUNTY STATE OF PENNA. AMBER L. DONNELLY, Plaintiff' , PLAtIIyTIFF, No. No. 06 - 859 C?4il Term VERSUS MICHAEL L. DONNELLY. Defendant AND NOW, DECREED THAT DECREE IN DIVORCE i F e,? c mar' ` 10 yZ7 '1 IT IS OF?t ERED AND AMBER L. DONNELLY AND MICHAEL L. DONNELLY ,DEFENDANT, AS ARE DIVORCED FROM THE BONDS OF MATRIMONY. ?I THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS HICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDI R HAS NOT YET BEEN ENTERED; ?I agreement None; the marriage settlement, which was executed February 5, 2007 and filed February 8,2007,shall be' incorporated and not merged into this Decree. BY THE COURT: ATTEST: J. PRO1 f{ ONOTARY L 0, AMBER L. DONNELLY, Plaintiff vs. MICHAEL L. DONNELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 859 Civil Term : ACTION IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Amber L. Donnelly, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Amber L. Donnelly, Petitioner, (hereinafter referred to as "Mother"), is the Plaintiff in the above-captioned matter, and is an adult individual currently residing at 357 Maple Lane, Carlisle Cumberland County, Pennsylvania, 17013. 2. Michael L. Donnelly, Respondent, (hereinafter referred to as "Father") is the Defendant in the above-captioned matter, and is currently residing at 1950 McClures Gap Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties are the natural parents of one child, namely, Emily Marie Donnelly, born October 16, 2004. 4. The parties are subject to an Order of Court dated October 27, 2006, which was a result of the parties' agreement. A copy of said Order and Stipulation is attached hereto and incorporated herein by reference as Exhibit "A". 5. After entry of the attached stipulation and custody Order, Father changed jobs, and his schedule changed. 6. Mother is requesting that the current custody Order be modified to better accommodate the child and father's schedule. 7. It would be in the best interest of the child to modify this Order because a substantial change of circumstances has occurred and the prior agreement and Order do not adequately provide for the child. 8. It is believed and averred that the best interest and permanent welfare of the child will be promoted by changes proposed in this custody petition because the modification will ensure the child's well being and contact with both parents. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the child. Respectfully submitted, Date: 5 5 09 ie Adams, Esquire No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 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: C F\ Amber L. Donn ly, Plaintiff w r- r-,7 t? • 1 7 ? AMBER L. DONNELLY PLAINTIFF V. MICHAEL L. DONNELLY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-859 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, March 20, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 24, 2009 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. 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/ Hubert X. Gilroy, Esq. ,?rf1 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 OCO 46p - 1. Z -? Wd OZ aw 60th r AMBER L. DONNELLY, Plaintiff APR 3 0 2009 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-859 CIVIL ACTION - LAW MICHAEL L. DONNELLY, IN CUSTODY Defendant PRIOR JUDGE: The Honorable M. L. Ebert, Jr. COURT ORDER AND NOW, this _ day of t\ , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and dire ted that this Court's prior Order of October 27, 2006 shall remain in place subject to the following modification: 1. Paragraph 3 shall be modified to read as follows: The father shall enjoy periods of temporary physical custody of the minor child as follows: A. For three out of four weekends from Friday at either 5:00 p.m. or 8:00 p.m. (to be agreed upon by the parties) until Sunday at 8:00 p.m. In the event the child does not have school on Monday and father is available to take care of the child, father's weekend time may be extended until Monday at 1:30 p.m. B. At such other times as agreed upon by the parties. 2. Additionally, it is noted that mother may relocate from her current residence as long as her new home is such a distance from the father that it will not interfere with father's ability to exercise custody as set forth in this order and the prior order of court. A 3. Except as set forth above, this court's prior order of October 27, 2006 shall remain in effect. BY THE COURT, M. L. Ebert, Jr. Judge Cc: Z)&e Adams, Esquire / Mr. Michael L. Donnelly ILS mlatlCCL S ?d9 ?,,.? ? :? 4'? ". ?_,,...?m??.. '?' ? ??????? ?y, `' 1? ? if 1sa ?v AMBER L. DONNELLY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-859 CIVIL ACTION - LAW MICHAEL L. DONNELLY, IN CUSTODY Defendant PRIOR JUDGE: The Honorable M. L. Ebert, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Emily Marie Donnelly, born October 16, 2004 2. A Conciliation conference was held on April 27, 2009 with the following individuals in attendance: The mother, Amber L. Donnelly, with her counsel, Jane Adams, Esquire, and the father, Michael L. Donnelly, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. Date: April 7 d , 2009 Hubert X. ilroy, Esquire Custody onciliator Michael L. Donnelly, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 06 - 859 Civil Term w r? = M i A Amber L. Willis, ACTION IN COURT Defendant t PETITION FOR MODIFICATION OF CUSTODY > S-- AND NOW, comes Petitioner, Michael L. Donnelly, and petitions the Court as r~ follows: Michael L. Donnelly, Petitioner, (hereinafter referred to as "Father"), is the Plaintiff in the above-captioned matter, and is an adult individual currently residing at 424 Fairground Ave, Carlisle Cumberland County, Pennsylvania, 17013. 2. Amber L. Willis, Respondent, (hereinafter referred to as "Mother"), is the Defendant in the above-captioned matter, and is currently residing at 34 Campground RD, Dillsburg, PA 17019. The parties are the natural parents of one child, namely, Emily Marie Donnelly, born October 16, 2004. 4. The parties are subject to an Order of Court dated October 27, 2006, which was a result of the parties' agreement. A copy of said Order of Court and Stipulation is attached hereto and incorporated herein by reference as Exhibit "A". 5. The parties are also subject to an Order of Court dated May 4, 2009, which was a result of the parties' agreement to a Modification of Custody. A copy of said Order of Court and Stipulation is attached hereto and incorporated herein by reference as Exhibit "B". 6. After entry of the attached stipulations and custody Orders, Father changed jobs, and his schedule changed. 7. Father is requesting that the current custody Order be modified to better accommodate the child and father's schedule. 8. It would be in the best interest of the child to modify the current Order because a substantial change of circumstances has occurred and the prior agreement and Order do not adequately provide for the child. ?H_lr 11)` '_5 2 7 C) 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: Michael L. Donnelly, la.intiff nti AMBER L. DONNELLY, Plaintiff V. MICHAEL L. DONNELLY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-859 IN CUSTODY COURT ORDER AND NOW, this day of October, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered that this Court's prior Order of April 20, 2006 is vacated and replaced with the following Order: 1. The Mother, Amber L. Donnelly, and the Father, Michael L. Donnelly, shall enjoy shared legal custody of Emily Marie Donnelly, born October 16, 2004. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Every weekend from Saturday at 6:00 p.m. until Sunday at 9:00 p.m. B. During the week when Father has his normal two days off from work, from the first day at 9:00 a.m. through the second day at 9:00 p.m. C. At such other times as agreed upon by the parties. 4. The Mother shall always have custody of the minor child on Mother's Day and the Father shall always have custody of the minor child on Father's Day. This provision shall supercede any other provision of this Order. 5. The holiday schedule shall be handled as follows: A. Christmas shall be split into two segments: Segment A being from December 24th at noon until December 25th at noon, and Segment B being from December 25th at noon until December 26th at noon. The parties shall alternate custody on those two Segments with the Mother having Segment A in 2006 and the Father having Segment B in 2006. C CI C V4, tc k e v?C (nr e. f C I,•r ??l i r tn.?yJ? B. Thanksgiving day shall be divided into two sessions, from 9:00 a.m. until 3:00 p.m. and from 3:00 p.m. until 9:00 p.m. The parties shall alternate this arrangement, with the Father having the morning session in 2006 and the Mother having the evening session with the parties alternating thereafter. C. For the New Year's holiday, the holiday shall be split into two segments: Segment A shall be New Year's eve from noon until New Year's day at noon, and Segment B shall be from New Year's day at noon until January 2nd at noon. The parties shall alternate these segments with the Father having the first segment starting on New Year's Eve 2006. D. For the Easter holiday, the day shall be divided from 9:00 a.m. until 3:00 p.m. and 3:00 p.m. until 9:00 p.m. The Mother shall have the first segment of Easter for 2007. E. The parties shall alternate custody for Memorial Day, July 4th and Labor Day. The times shall be from 9:00 a.m. until 9:00 p.m. The Father shall have custody on Memorial Day, 2007. AMBER L. DONNELLY, Plaintiff V. MICHAEL L. DONNELLY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-859 IN CUSTODY Prior Judge: The Honorable M. L. Ebert, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Emily Marie Donnelly, born October 16, 2004 2. A Conciliation Conference was held on October 19, 2006, with the following individuals in attendance: The Mother, Amber L. Donnelly, with her counsel, Jane Adams, Esquire The Father, Michael L. Donnelly, who appeared without counsel 3. The parties agreed to the entry of an Order in the form as attached. October 2006 ?? ?& _ Hubert X. roy, Esquire Custody Conciliator APR 3 0 2009 AMBER L. DONNELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-859 CIVIL ACTION - LAW MICHAEL L. DONNELLY, IN CUSTODY Defendant PRIOR JUDGE: The Honorable M. L. Ebert, Jr. COURT ORDER AND NOW, this day of , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of October 27, 2006 shall remain in place subject to the following modification: 1. Paragraph 3 shall be modified to read as follows: The father shall enjoy periods of temporary physical custody of the minor child as follows: A. For three out of four weekends from Friday at either 5:00 p.m. or 8:00 p.m. (to be agreed upon by the parties) until Sunday at 8:00 p.m. In the event the child does not have school on Monday and father is available to take care of the child, father's weekend time may be extended until Monday at 1:30 p.m. B. At such other times as agreed upon by the parties. 2. Additionally, it is noted that mother may relocate from her current residence as long as her new home is such a distance from the father that it will not interfere with father's ability to exercise custody as set forth in this order and the prior order of court. r 3. Except as set forth above, this court's prior order of October 27, 2006 shall remain in effect. BY THE COURT, L. bert, Jr. Judge Cc: Jane Adams, Esquire Mr. Michael L. Donnelly 14, aid I?t ??„? Sri caw as Cox.. ; a Q 'o' AMBER L. DONNELLY, Plaintiff V. MICHAEL L. DONNELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-859 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: The Honorable M. L. Ebert, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I • The pertinent information pertaining to the child who is the subject of this litigation is as follows: Emily Marie Donnelly, born October 16, 2004 2. A Conciliation Conference was held on April 27, 2009 with the following individuals in attendance: The mother, Amber L. Donnelly, with her counsel, Jane Adams, Esquire, and the father, Michael L. Donnelly, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. Date: Apri l ? b 2009 Hubert X. Gilroy, Esquire Custody Conciliator