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HomeMy WebLinkAbout02-1868 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN DIANE MAHER, PLAINTIFF NO. ck)-18(Pg' CIVIL TERM v. IN DIVORCE BRIAN LEE MAHER, DEFENDANT COMPLAINT 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. When 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 in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 Lawyer Referral Service 2 Liberty Avenue, Carlisle, PA 17013 Telephone:717.249.3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN DIANE MAHER, PLAINTIFF NO. Od-18(p~ CIVIL TERM v. IN DIVORCE BRIAN LEE MAHER, DEFENDANT COMPLAINT IN DIVORCE 1. The Plaintiff is Susan Diane Maher, who presently resides at 1604 Carlisle Road, Camp Hill, Pennsylvania. She has resided there since March 2002. 2. The Defendant is Brian Lee Maher, who currently resides at 204 9th Street, New Cumberland, Pennsylvania 17070. He has resided at his current address since March 2002. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were married April 22, 1994 in Camp Hill, Cumberland County Pennsylvania. 5. The parties to this action separated on January 13, 2002 and have continued to live separate and apart since then. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Neither the Plaintiff nor the Defendant is in the military or naval service or in any branch of the armed forces of the United States of America or its allies or is otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. 10. The Plaintiff requests the court to enter a decree of divorce under Section 3301 (c) of the Divorce Code. WHEREFORE, If both parties file affidavits consenting to the divorce after ninety (90) days from filing and service of this complaint, Plaintiff respectfully requests this Honorable Court to enter a decree of divorce pursuant to 23 Pa. C.S.A. ~3301(c). Respectfully submitted, The Law Offices of Richard C. Gaffney ~~ Laura A. Gargiulo, Esquire PA Supreme Court ill # 86128 2120 Market Street, Suite 10 1 CampHill,PA 17011 (717) 975-9033 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.A. ~4904, relating to unsworn falsification to authorities. Date r;1f>"I') Ii). Ol.~ ~ ~/LWJ~q 0 4h~ Susan D. Maher (f) 79 ~ ~ ?'~ -..... & - - ~ 9..J f3 ....t:::. - - -0 ~ ~ Jy .i[) rC) J () c: ? -uG] mpl ~~C" C::::O ~Q =C' -c: ~ CJ f'V ;po -U ~:J C' Tl .- ~;-; __ """"'l '-.< -.I -. (} :=- 3: :. ~\ f';J Of'n --< -- 5:J -< -.0 ('}1 (:;:) SUSAN DIANE MAHER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-1868 CIVIL TERM BRIAN LEE MAHER, DEFENDANT IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALrn OF PENNSYL VANIA: COUNTY OF CUMBERLAND ss. Laura A. Gargiulo, Esquire, being duly sworn according to law, deposes and says that she is the attorney for Plaintiff in the above-captioned action; that on or about April 18, 2002, she mailed a true and correct copy of the Complaint in Divorce to the Defendant, by certified mail with restricted delivery, postage prepaid, return receipt requested and evidenced by return receipt card No. 7000060000213855 9147 to Defendant's last known address; that on April 19, 2002, Defendant did personally received said Complaint in Divorce; that attached hereto, made a part hereof and marked as Exhibit "A" is return receipt card number 7000 0600 0021 3855 9147, with Defendant's signature affixed thereon; and that the facts set forth in the within Affidavit are true and correct to the best of her information and belief ~(k.k Laura A. Gargiul , E~ Attorney for Defendant Sworn to and subscribed before me this Oora day of ~ ' 2002. &DloJ)G.~ Notary Public My Commission Expires:~ (') 0: C) C N -I') s: > -ot:D -0 n1rTi :;;0 Z:r:i N Z'; ~..-~. w ,<,:6 -0 ..!:>- ~~" :'j;: Zl.< :,'> )>0 r;- S:l c ~ :::> ~ .c:- -< iiiI ,1,- EXHIBIT A .....-- - . Complete Rerns 1, 2, and 3. Also complete ~em 4 R Restricted DelIvery Is deeIred. . Print your name and _ on \he__ that we can return \he card to you. . ch this card to the beck of \he mallplece, on the front R space permits. 1. Addroosed to: 5rlat'\ Ha~ o..U. - c- r _ L...... 'JO-f '1T....- --J1Y'eO'. "''',II' tJe.u) ~nJ m.. l7G!U e Agent e_ ,O.lsdellvlry__fIom_17 eYes ff YES, enter delivery _ below: e No RESTRICTED 2. Art~41l~ PS Form 8811 , July'1ge9 3 -lYPO ~ Cet1iIIod t.4iilI )E Mall e RogIoterod . _ RocoIpt lor MerohandIoe e 1_ Moll .0.0. 4. _DoIIvery'I(EdnlFeeJ Yes 102595-OO-M-G952 !' i - (') )~ ,'"',' "'000 EPI]] ", , ZS:;; C/) e' i., -<""- kG ( ??lg ::sc , I ~ . . . n_e_... . SUSAN DIANE MAHER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-1868 CIVIL TERM BRIAN LEE MAHER, DEFENDANT IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 17,2002. 2. The marriage between plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: g!q/6o- [ , jWJVn 0./T1~ - Susan Diane Maher (Plaintiff) (") c ~ -oC' n1 rT~ Z :'i' ZC (/) ",,~~'. -<.- I._C~ j; -, ZC., .'"+.-(; >c ~ , o N :I> C G') c"" a o " -, ;-:i fdJ --, rTl ~iO ~:~Q ',- 'I ~ic~ 11 '~o ;~lTl 5; -< :>::J-'" --,,-'" -~ c::> SUSAN DIANE MAHER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1868 CIVIL TERM BRIAN LEE MAHER, DEFENDANT IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 17,2002. 2. The marriage between plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. .... 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date:ll; 0; {J9- it-(y-4( t1l~ Brian Lee Maher (Defendant) o c ~ '""00:; mp" Z:J:J LC cn~~, ~~? ~.i...-. ~C~ >c :z: ---' -< o N J:>> c::: G') w o o -n .-1 ~i ;11 qf"n ,"':,CJ ';:0 L~~-B ..'0 ";?: rf1 ,..:;) ..-\ ?is -< ;:;::00 ~ (::J SUSAN DIANE MAHER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1868 CIVIL TERM BRIAN LEE MAHER, DEFENDANT IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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: 'i'/'1 / ().;).. I ~ L 0 cfJ1~- Susan Diane Maher (Plaintiff) () ~ ~. ;:J?Fr -:> "....., z(' Ct)<c':-:- ;:5 ~~' 0:::-\".... 3@c: $0 c:: :? ~ C;) 1'0 :bo .- '- (,"") W '::J o -,.., ~ :J: ::j :., 71 ',~ .,,")tr1 <:J r-j .jl 7J~ "j::!:] --:;.(') <~rn 9r ~ - - . ..--, _ MARITAL SE':"LEMENT AG~~, \. THIS MARITAL SETTLEMENT AGREEMENT (thi~ "Agre~merin is made effective at Camp Hill, Pe~sylvania as of the q 11"\ day of A,ust 20Cf by\andbetween SUSAN D. MAHER, an adult individual who resides at 1604 farlisle ~oad.,...G~. p Hill, Cumberland County, Pennsylvania (hereinafter "Wife"), and $AN U .... . L..__ MAHER, an adult individual who resides at 204 9th Street, New CUmberland, York County, Pennsylvania (hereinafter "Husband")( collectively, the "Parties"). WITNESSETH WHEREAS, the Parties hereto were lawfully married to each other on April 22, 1994 in Harrisburg, Dauphin County, Pennsylvania; and WHEREAS, the Parties hereto are the natural and biological parents of one minor child, Ridge Maher, born April 28, 1996; (the "Child"). WHEREAS, the Parties intend to live separate and apart for the rest of their lives and are desirous of settling completely and finally their respective rights and obligations as between each other; and WHEREAS, each Party has represented and has made full disclosure of that Party's assets and income to the other Party. NOW, THEREFORE, in consideration of the premises and the mutual covenants and conditions hereinafter contained, and intending to be legally bound hereby, the parties mutually agree as follows: 1. PERSONAL RIGHTS. The Parties intend to hereafter live separate and apart from each other. Each Party shall be free from any direct or indirect control, restraint, interference or authority in his or her personal or business activities in all · respects as fully as ifhe or she were single or unmarried. Each Party may reside wherever and with whomever he or she desires. Neither Party shall interfere with, harass, or malign each other or the respective families, friends, colleagues, employers or employees of the other Party. Page 1 \. 2. DIVISION OF PERSONAL PROPERTY. All personal property that was acquired separately by each of the Parties prior to the marriage, or after separation, shall remain the separate property of the Party who has possession or control of it as of the date of execution of this Agreement. Husband and Wife hereby acknowledge and agree that they have already equitably divided between them to their mutual satisfaction, all of their personal effects, automobiles, vehicles, household goods and furnishings, checking accounts, savings accounts, cash and cash equivalents, investments, stocks, bonds, mutual funds, securities, and all other articles of personal property, tangible or intangible, without limitation by specification, owned or acquired by both or either of them during their marriage. Each Party shall keep and retain sole ownership, control and enjoyment of all property in his or her possession or control as of the date of execution of this Agreement. Husband and Wife specifically release and waive any and all interest, claim or right that he or she may have as to the whole or any part of said property that is in the control or possession of the other Party. With respect to said property held separately, each Party agrees to indemnify and hold the other harmless from any liability, cost or expense associated with such separate property. Should it become necessary, each Party agrees to sign any title or documents necessary to give effect to this paragraph, within reasonable time, upon request of the other Party. 3. MARITAL RESIDENCE. The Parties owned a marital residence by Tenants by the Entireties, which marital residence was sold by the Parties prior to execution of this Agreement. Husband and Wife hereby acknowledge and agree that they first applied to proceeds of said sale to satisfy their outstanding tax liabilities, and then equitably divided the remaining proceeds to their mutual satisfaction. 4. BUSINESS INTERESTS Husband and Wife are Corporate Executive Officer(s) and Treasurer/Secretary of "Service Amusements Inc.", a business corporation organized and existing under the laws of the Commonwealth of Pennsylvania ("Service Page 2 \ . Amusements"). Husband and a non-related third party are partners in a business registered under the fictitious name "Gameroom Showcase". Husband agrees to release Wife from any interest, title, or liability for said businesses. Wife shall release all of her right and interest in and to the said businesses to Husband, which shall become the sole and exclusive property of Husband. Wife will execute all documents necessary and appropriate to convey title to said business to the Husband. Husband shall be entitled to sole possession of said businesses and shall be solely and exclusively responsible for paying the Leases, taxes, insurance, repair costs and every other cost associated with said business, Husband shall release Wife from all liability with respect to said businesses, whether know or unknown, contingent, un-liquidated or disputed and Husband shall indemnify, defend and hold harmless Wife from and against any such liability. 5. RETIREMENT BENEFITS. Husband and Wife hereby specifically release and waive any and all interest, claim, or right that he or she may have to any and all retirement benefits (including pensions, 401(k) plans, saving plans or other profit sharing benefits) or other similar benefits of the other Party. The Parties further acknowledge and agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purpose of this Paragraph. 6. ALIMONY. Husband and Wife represent and acknowledge that they each have sufficient property to provide for his or her reasonable needs and that each is able to support himself or herself through appropriate employment. Therefore, notwithstanding anything to the contrary contained in the Divorce Code, as amended, Husband and Wife hereby expressly waive, discharge and release any and all rights or claims which he or t she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance or any other such benefits resulting from the parties' status as husband and wife. Page 3 7. CHILD CUSTODY. It is agreed that Husband and Wife shall have joint physical and legal custody of the parties' minor Child. The Parties agree that neither Husband nor Wife shall relocate with the Child to a location that is greater than 50 miles from their current residence without the prior written consent of the other party or prior court approval. The Parties shall communicate and cooperate in all matters concerning the Child's health, safety, education and general welfare. The Parties shall not do anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. 8. FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever, and of all other facts relating to the subject matter of this Agreement to which such party may reasonably require to make an informed decision regarding this Agreement. 9, WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS. During the course of the marriage, Husband and Wife have incurred certain liabilities. Each Party represents, covenants and warrants that, to the best of his or her knowledge, and except as specifically otherwise provided for by the terms of this Agreement, as of the effective date of this Agreement: a) no unpaid liabilities remain which were incurred by him or her or on his or her behalf for which the other Party may be deemed liable; b) there are no actions, suits or proceedings pending or threatened against Husband and/or Wife or affecting any jointly held properties or rights, at law or in equity or before any federal, state, municipal or other governmental agency, nor is Husband or Wife aware of any facts which to his or her knowledge might result in such action, suit or proceeding; c) if any such liabilities, actions, suits or proceedings should be determined to have existed Page 4 as of the date of execution of this Agreement or thereafter, the Party who incurred that debt shall exonerate and indemnify the other Party against and hold the other Party harmless from any liability or expense, including counsel fees, incurred as a result of those liabilities; and d) he or she shall not incur any liability whatsoever in the future for which the other Party or the estate of the other Party may be liable, and shall exonerate and indemnify the other Party against and hold the other Party harmless from any such damages resulting from such liability, including reasonable counsel fees, incurred by the other Party. 10. EXECUTION OF OTHER DOCUMENTS. Each of the Parties shall on demand execute and deliver any docwnent and do any act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either Party fails on demand to comply with this provision, that Party shall pay to the other all attorney fees, costs, and other expenses reasonably incurred as a result of the failure. 11. RELEASE OF ALL CLAIMS. Except as specifically set forth in this Agreement, each Party to this Agreement releases the other from all claims, liabilities, debts, obligations and causes of action that have been incurred during the marriage between the Parties. 12. RELEASE OF TESTIMENTARY CLAIMS. Except as specifically provided for in this Agreement, the Parties hereby mutually waive and release to the other any right to: (a) inherit from the other any part of the estate of the other at his or her death; (b) receive property from the estate of the other by bequest or devise, except under a Will or Codicil dated subsequent to the effective date of this Agreement; (c) act as a , personal representative of the estate of the other on intestacy; (d) act as executor under the Will of the other, unless nominated by a Will or Codicil dated subsequent to the effective date of this Agreement. Page 5 13. BREACH. In the event of a breach of any of the provisions of this Agreement by one of the Parties, the remedies available to the non-breaching Party are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories of equity, under the Divorce Code, as amended, and shall not be limited to those remedies specifically referred to in this Agreement. If either Party breaches any provision of this Agreement, the breaching Party shall exonerate and indemnify the non-breaching Party and hold the non-breaching Party harmless for all losses resulting from the breach, including, but not limited to, counsel fees, and costs relating to such breach, whether or not litigation is instituted. 14. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the Wife by her counsel, the Law Offices of Richard C. Gaffney. Husband has represented himself pro se in this divorce action up until this point and may have retained Richard Rupp, Esquire to represent him through the conclusion of these proceedings. Each Party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair and reasonable under the circumstances. The Parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement or agreements. 15. INTENTION WITH RESPECT TO DIVORCE. The Parties intend to secure a mutual consent, no-fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended. The Parties intend that this Agreement shall be incorporated into, but not merged with, any divorce decree which may be entered. The , Court of Common Pleas entering the divorce decree shall retain continuing jurisdiction over the Parties and the subject matter of this Agreement for the purpose of enforcement of any of its provisions. It is the further intention of the Parties that this Agreement shall continue to be effective after entry of a final decree in divorce between the Parties, and Page 6 except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 16. WAIVER OR MODIFICATION. No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both Parties. 17. 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. No waiver of any breach or default of this Agreement shall be deemed a waiver of any subsequent default of the same or similar nature or a waiver of strict performance of any other obligations pursuant to the terms of this Agreement. The failure of either Party to insist upon strict performance of any of the terms of this Agreement shall in no way affect the right of such Party to enforce those terms in the future. 18. INTEGRATION. This Agreement constitutes the entire understanding of the Parties and supersedes any and all prior agreements and negotiations between them. There are no other express or implied, oral or written representations, terms, covenants, conditions, agreements or warranties, of any nature whatsoever, other than those expressly set forth in this Agreement. 19. SEVERABILITY. If any provision of this Agreement shall be finally determined to be void or invalid, then only that provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and shall continue in full force and effect. · 20. AGREEMENT BINDING ON HEIRS. The terms, provisions and conditions of this Agreement shall be binding upon any and all of the heirs, executors, administrators, successors or assigns of either of the respective Parties hereto, except as otherwise herein provided. Page 7 .. , 21. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of any of the paragraphs or subparagraphs of this Agreement are inserted solely for convenience of reference, shall not constitute a part of this Agreement and, therefore, shall not affect its interpretation. 23. ADDRESS OF PARTIES. As long as any obligations remain to be performed under this Agreement, each Party shall have the affirmative obligation to keep the other informed of his or her residence address, and shall promptly notify the other in writing of any change of address. Each Party has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, have hereunto executed this Agreement the day and year first written above. Witness: ~~o4~ i!Effl~ nan L. M r Page 8 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND On this, the ~ day of ~ ~ l ~ . 2002, before me, a Notary Public for the Commonwealth ofPennsylv ., personally appeared Susan Maher, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WIlNESS WHEREOF, I have hereunto set my hand and official seal. ~ SaIl "- L. SI\apI. ~ PublIc ea.1IIl1 8010. ~ CouIItY My CIlIaUIIon &J*es fIttt. 18. 2CI06 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : On this, the ~ day of ~ ,2002, before me, a Notary Public for the Commonwealth ofPennsylv a, personally appeared Brian Maher, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. .~ql~~ My Commission Expires:~ Notarial Seal Amy L. Shul", NOl8l)I Pualic Cam& HtI Il>ro, Cudlellaod Ceullly My rr . '" &pireI ,. II. 2006 Page 9 ..' I....., a' r.... () c 5:: -or.,":~ mer: """7 ""'1". ~~"-' 7"'"1,:". ( '~J .::<~ - ~~:, ~b PC:: ....~ ... .,....,," ... o f-':> l=- c:: ", (,.) <;:) o --0 ..-1 ;:~i ]2. ~~'.~'Q 1~~~ ~--H :C} tsrn c;j ':JJ --..: :::--*: ::: ~ .2) \0 SUSAN DIANE MAHER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1868 CIVIL TERM BRIAN LEE MAHER, DEFENDANT IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary of the Said Court: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~ 330l(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail, Postage Pre-paid, Restricted Delivery, Return Receipt Requested and by United States Mail First Class Postage Prepaid to the Defendant's last known address [204 9th Street, New Cumberland, Pennsylvania]. Defendant did personally receive said Complaint in Divorce as evidenced by the Return Receipt attached as Exhibit A of the Affidavit of Service filed in this docket on April 23, 2002. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff, Susan Diane Maher: August 9, 2002; by defendant, Brian Lee Maher: August 9, 2002. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: August 27, 2002. Date Defendant's Waiver of Notice was filed with the Prothonotary: August 27,2002. Respectfully submitted, LAW OFFICES OF RICHARD C. GAFFNEY Richard C. Gaffne, s e P A Supreme Court ID No. 2120 Market Street, Suite 1 Camp Hill, PA 17011 Telephone: 717. 975.9033 Attorney for Plaintiff, Susan Diane Maher o c ~ -o6i (llp\ Z::r.' ~S~ ?Cl ~- Z-o --(-. :P-c. Z ~ o N ~ c:: G") o " ---I .~iF . rTl :r ,jS 1__,_ ~:~t~ arT' .-.1 ?o '< w c::> ;-.:: -.i~ r'-' IN THE COURT OF COMMON PLEAS ~/.'O~t.M . d()b~ IT IS ORDERED AND OF CUMBERLAND COUNTY STATE OF PENNA. SUSAN DIANE MARRR 02-1868 No. PIATN'rTFF VERSUS BRIAN LEE MA1IBR DEFmIDANT DECREE IN DIVORCE AND NOW, ~~~ DECREED THAT SUSAN DIANE MAHER AND BRIAN LEE MAHER ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; MARITAL SETTLEMENT AGREEMENT ATTEST~~ PROTHONOTARY ~ ~ ~~ ~ ~ ~~~ J. _~~ ~ ~u, \'(/'>1-0 ~ F'~ ~ ~;? ~ cO< IJ'~ . - , .-! 1.:,,,:; \. . k ~rf ,._"-...... 1[' . ~ ..>"1.......,,~\ ..,.,.\. ,', J ';' r"~..) ,".,)"'1.'. ~1 . SUSAN D. MAHER, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02- 1868 BRIAN 1. MAHER, Defendant/Petitioner CIVIL ACTION - LAW CUSTODY 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 action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 A VISO US TED HA SIDO DEMANDADOIA EN CORTE. Si usted de sea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso radicando personalmente 0 par medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como de describe anteriormente, el caso puede pro ceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA T AMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 V A Y A A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES PO SIBLE QUE EST A OFICINA LE PUEDA PRO VEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PAl 70 I3 Telephone: (717) 249-3 I 66 SUSAN D. MAHER, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-1868 BRIAN 1. MAHER, Defendant/Petitioner CIVIL ACTION - LAW CUSTODY PETITION FOR SPECIAL RELIEF/ PETITION FOR CONTEMPT AND NOW comes the Defendant/Petitioner, Brian 1. Malrer, by and through his attorney, Mark T. Silliker, and respectfully avers the following: I. Petitioner is Brian 1. Malrer, an adult individual currently residing at 1609 Elm Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Respondent is Susan D. Maher is an adult individual currently residing at 1604 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The subject minor child is Ridge A. Malrer, born April 28, 1996. 4. Petitioner is the natural father of the subject minor child. 5. Respondent is the natural mother of the subject minor child. '. 6. There has been a previous Custody Order in this case. Specifically, the parties reached a Marital Settlement Agreement, and it is incorporated into a Decree in Divorce docketed to number 02-1868 in the Court of Common Pleas, Cumberland County, Pennsylvania. A copy of the Marital Settlement Agreement is attached hereto and marked Exhibit "A". 7. Petitioner is concerned because he has been told by the Respondent that she intends to relocate to Virginia Beach, Virginia. Furthermore, it is his understanding that she is intending to do so in the very near future, without his consent. 8. Petitioner objects to the proposed relocation based on the following: a. It is in violation of paragraph seven of the Child Custody provision of the Marital Settlement Agreement which is incorporated in the Divorce Decree. Please see paragraph seven, Exhibit "A". b. Petitioner currently has a shared physical custody arrangement with the Respondent, and the child seems to be doing very well under this arrangement. c. The Petitioner as well as his extended family and friends have a very close and loving bond with the subject minor child, and Petitioner feels that relocation away from the Camp Hill/New Cumberland area would not be in the best interest of their relationship, or for the subject minor child. d. The subject minor child has friends, relatives, and schoolmates, and in general he is completely grounded and otherwise bonded to this area. Petitioner feels that a relocation would not be in his best interest. 9. Petitioner particularly objects given the fact that Respondent has gone forward in an arbitrary, capricious, and unilateral manner, without consulting with him or even taking the child's best interest into consideration. Rather, she is proceeding in a manner that meets her own individual needs, without regard to anyone else. WHEREFORE, Defendant/Petitioner respectfully requests this Honorable Court issue an Emergency Order, directing the Respondent to refrain from relocating with the subject minor child, away from the Camp Hill/New Cumberland area. Petitioner further requests that an immediate Custody Conciliation Conference be scheduled as soon as possible in order for these matters to be further addressed. Date: \ 'j\ / j { /', I Respectfully submitt,.. / .' -/-- ..// .:- // / Mark T_ Silliker, Esquire 5922 Linglestown Road Harrisburg,PA 17112 (717) 671-1500 ID No. 33671 Attorney for Brian L. Maher AFFIDA VIT I, ela~ L fYhhm , hereby certify that the afore going is true and COrrect to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated: .? ~ ) 5-r)~ xf$~ MARITAL SETTLEMENT AGREEMENT THIS MARlTAL SETTLEMENT AGREEMENT (this "Agreement") is made 1li effective at Camp Hill, Pennsylvania as of the Lday of August 2002 by and between SUSAN D. MAHER. an adult individual who resides at 1604 Carlisle Road. Camp Hill. Cumberland County, Pennsylvania (hereinafter "Wife"), and BRiAN L. MAHER, an adult individual who resides at 204 9th Street. New Cumberland. York County, Pennsylvania (hereinafter "Husband")( collectively, the "Parties"). WITNESSETH WHEREAS. the Parties hereto were lawfully married to each other on April 22. 1994 in Harrisburg, Dauphin County, Pennsylvania; and WHEREAS, the Parties hereto are the natural and biological parents of one minor child., Ridge Malrer. born April 28. 1996; (the "Child"). WHEREAS, the Parties intend to live separate and apart for the rest of their lives and are desirous of settling completely and finally their respective rights and obligations as between each other; and WHEREAS. each Party has represented and has made full disclosure of that Party's assets and income to the other Party. NOW, THEREFORE. in consideration of the premises and the mutual covenants and conditions hereinafter contained, and intending to be legally bound hereby, the parties mutually agree as follows: 1. "PERSONAL RIGHTS. The Parties intend to hereafter live separate and apart from each other. Each Party shall be free from any direct or indirect control, restraint, interference or authority in his or her personal or business activities in all , respects as fully as if he or she were single or unmarried. Each Party may reside wherever and with whomever he or she desires. Neither Party shall interfere with, harass. or malign each other or the respective families, friends, colleagues, employers or employees of the other Party. EXHIBIT rIA )) Page I J s 2. DIVISION OF PERSONAL PROPERTY. All personal property that was acquired separately by each of the Parties prior to the marriage. or after separation. shall remain the separate property of the Party who has possession or control of it as of the date of execution of this Agreement. Husband and Wife hereby acknowledge and agree that they have already equitably divided between them to their mutual satisfaction. all of their personal effects, automobiles, vehicles, household goods and furnishings, checking accounts, savings accounts, cash and cash equivalents, investments, stocks, bonds, mutual funds. securities, and all other articles of personal property, tangible or intangible, without limitation by specification, owned or acquired by both or either of them during their marriage. Each Party shall keep and retain sole ownership, control and enjoyment of all property in his or her possession or control as of the date of execution of this Agreement. Husband and Wife specifically release and waive any and all interest. claim or right that he or she may have as to the whole or any part of said property that is in the control or possession of the other Party. With respect to said property held separately, each Party agrees to indemnify and hold the other harmless from any liability, cost or expense associated with such separate property. Should it become necessary, each Party agrees to sign any title or documents necessary to give effect to this paragraph, within reasonable time, upon request of the other Party. 3. MARITAL RESIDENCE. The Parties owned a marital residence by Tenants by the Entireties, which marital residence was sold by the Parties prior to execution of this Agreement. Husband and Wife hereby acknowledge and agree that they first applied to proceeds of said sale to satisfy their outstanding tax liabilities. and then equitably . divided the remaining proceeds to their mutual satisfaction. 4. BUSINESS INTERESTS Husband and Wife are Corporate Executive Officer(s) and Treasurer/Secretary of "Service Amusements Inc.", a business corporation organized and existing under the laws of the Commonwealth of Pennsylvania ("Service Page 2 .-' - Amusements"). Husband and a non-related third parry are partners in a business registered under the fictitious name "Gameroom Showcase". Husband agrees to release Wife from any interest, title. or liability for said businesses. Wife shall release all of her right and interest in and to the said businesses to Husband. which shall become the sole and exclusive property of Husband. Wife will execute all docwnents necessary and appropriate to convey title to said business to the Husband. Husband shall be entitled to sole possession of said businesses and shall be solely and exclusively responsible for paying the Leases, taxes, insurance, repair costs and every other cost associated with said business, Husband shall release Wife from all liability with respect to said businesses. whether know or unknown, contingent, un-liquidated or disputed and Husband shall indemnify, defend and hold harmless Wife from and against any such liability. 5. RETIREMENT BENEFITS. Husband and Wife hereby specifically release and waive any and all interest, claim, or right that he or she may have to any and all retirement benefits (including pensions. 401 (k) plans, saving plans or other profit sharing benefits) or other similar benefits of the other Parry. The Parties further acknowledge and agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purpose of this Paragraph. 6. ALIMONY. Husband and Wife represent and acknowledge that they each have sufficient property to provide for his or her reasonable needs and that each is able to support himself or herself through appropriate employment. Therefore, notwithstanding anything to the contrary contained in the Divorce Code, as amended, Husband and Wife hereby expressly waive, discharge and release any and all rights or claims which he or . , she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance or any other such benefits resulting from the parties' status as husband and wife. Page 3 7. CIDLD CUSTODY. It is agreed that Husband and Wife shall have joint physical and legal custody of the parties' minor Child. The Parties agree that neither Husband nor Wife shall relocate with the Child to a location that is greater than 50 miles from their current residence without the prior written consent of the other party or prior court approval. The Parties shall communicate and cooperate in all matters concerning the Child's health. safety, education and general welfare. The Parties shall not do anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. 8. FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever, and of all other facts relating to the subject matter of this Agreement to which such party may reasonably require to make an informed decision regarding this Agreement. 9. WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS. During the course of the maniage, Husband and Wife have incurred certain liabilities. Each party represents. covenants and warrants that. to the best of his or her knowledge, and except as specifically otherwise provided for by the terms of this Agreement. as of the effective date of this Agreement: a) no unpaid liabilities remain which were incurred by him or her or on his or her behalf for which the other Party may be deemed liable; b) there are no actions, suits or proceedings pending or threatened against Husband andlor , Wife or affecting any jointly held properties or rights, at law or in equity or before any federal. state, municipal or other governmental agency, nor is Husband or Wife aware of any facts which to his or her knowledge might result in such action, suit or proceeding; c) if any such liabilities, actions, suits or proceedings should be determined to have existed Page 4 as of the date of execution of this Agreement or thereafter, me Party who incurred that debt shall exonerate and indemnify the other Party against and hold the other Party harmless from any liability or expense, including counsel fees, incurred as a result of those liabilities; and d) he or she shall not incur any liability whatsoever in the future for which the other Party or the estate of the other Party may be liable, and shall exonerate and indemnify the other Party against and hold the other Party harmless from any such damages resulting from such liability, including reasonable counsel fees, incurred by the other Party. 10. EXECUTION OF OTHER DOCUMENTS. Each of the Parties shall on demand execute and deliver any document and do any act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either Party fails on demand to comply with this provision, that Party shall pay to the other all attorney fees, costs, and other expenses reasonably incurred as a result of the failure. 11. RELEASE OF ALL CLAIMS. Except as specifically set forth in this Agreement, each Party to this Agreement releases the other from all claims, liabilities, debts, obligations and causes of action that have been incurred during the marriage between the Parties. 12. RELEASE OF TESTIMENTARY CLAIMS. Except as specifically provided for in this Agreement, the Parties hereby mutually waive and release to the other any right to: (a) inherit from the other any part of the estate of the other at his or her death; (b) receive property from the estate of the other by bequest or devise, except under a Will or Codicil dated subsequent to the effective date of this Agreement; (c) act as a , , personal representative of the estate of the other on intestacy; (d) act as executor under the Will of the other, unless nominated by a Will or Codicil dated subsequent to the effective date of this Agreement. Page 5 13. BREACH. In the event of a breach of any of the l"rovisions of this Agreement by one of the Parties, the remedies available to the non-breaching Parry are cumulative and include all remedies at law and in equity, including those for breach of contract. under theories of equity, under the Divorce Code, as amended. and shall not be limited to those remedies specifically referred to in this Agreement. If either Parry breaches any provision of this Agreement. the breaching Parry shall exonerate and indemnify the non-breaching Parry and hold the non-breaching Party harmless for all losses resulting from the breach, including, but not limited to, counsel fees, and costs relating to such breach, whether or not litigation is instituted. 14. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the Wife by her counseL the Law Offices of Richard C. Gaffney. Husband has represented himself oro se in this divorce action up until this point and may have retained Richard Rupp, Esquire to represent hin;t through the conclusion of these proceedings. Each Party confirms that he or she fully understands the tenns, conditions and provisions of this Agreement and believes them to be fair and reasonable under the circumstances. The Parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress. undue influence, collusion. or improper or illegal agreement or agreements. 15. INTENTION WITH RESPECT TO DIVORCE. The Parties intend to secure a mutual consent, no-fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended. The Parties intend that this Agreement shall be incorporated into, but not merged with, any divorce decree which may be entered. The , Court of Common Pleas entering the divorce decree shall retain continuing jurisdiction over the Parties and the subject matter of this Agreement for the purpose of enforcement of any of its provisions. It is the further intention of the Parties that this Agreement shall continue to be effective after entry of a final decree in divorce between the Parties, and Page 6 , _.....- - except as otherwise provided for in this Agreement, this Agr-eement shall remain in full force and effect even if no final decree in divorce is entered. 16. WAIVER OR MODIFICATION. No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both Parties. 17. NO WAIVER OF DEF A UL T. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. No waiver of any breach or default of this Agreement shall be deemed a waiver of any subsequent default of the same or similar nature or a waiver of strict performance of any other obligations pursuant to the terms of this Agreement. The failure of either Party to insist upon strict performance of any of the terms of this Agreement shall in no way affect the right of such Party to enforce those terms in the future. 18. INTEGRATION. This Agreement constitutes the entire understanding of the Parties and supersedes any and all prior agreements and negotiations between them. There are no other express or implied, oral or written representations, terms, covenants, conditions, agreements or warranties, of any nature whatsoever, other than those expressly set forth in this Agreement. 19. SEVERABILITY. If any provision of this Agreement shall be finally determined to be void or invalid, then only that provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and shall continue in full force and effect. '20. AGREEMENT BINDING ON HEIRS. The terms, provisions and conditions of this Agreement shall be binding upon any and all of the heirs, executors, administrators, successors or assigns of either of the respective Parties hereto, except as otherwise herein provided. Page 7 21. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of any of the paragraphs or subparagraphs of this Agreement are inserted solely for convenience of reference, shall not constitute a part of this Agreement and. therefore, shall not affect its interpretation. T _.J. ADDRESS OF PARTIES. As long as any obligations remain to be performed under this Agreement, each Party shall have the affirmative obligation to keep the other informed of his or her residence address, and shall promptly notify the other in writing of any change of address. Each Party has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, have hereunto executed this Agreement the day and year fIrst written above. Witness: - '\~~ Jj..>\J '\<" \) &-V .~ 'Du \ V' c<..s'" , Ju~~A r; !f1~~ ~ ma:4 nanL.M r Page 8 . ---- .' -----... COMMONWEALTH OF PENN COUNTY OF CUMBERLAND On this, the ~ day Public for the Commonwealth of to me (or satisfactorily proven) to Agreement and acknowledged tha contained. IN WITNESS WHEREOF ~iJ;L~IUlf':I otary hc My Commission Expires:Y -\ 9, _Seal ~ Shupn. Nacary Public ~ ~ COWlt)' M'I .. Ex,*,,"~. 18. 2_ COMMONWEALTH OF PENNS COUNTY OF CUMBERLAND On this, the ~ day Public for the Commonwealth of to me (or satisfactorily proven) to Agreement and acknowledged tha contained. IN WITNESS WHEREOF , ,~~l.Q).U~~ Notary lic My Commission Expires: l1-\~ . Nobu'ial Seal "'my L Shu&JI'S. NOW)' Pualic CI~ !ill ....0. C...-.a Couoty My . . -, Expi= ..... 18. 2006 SYLVANIA : ss. of --H ~ ~ . 2002. before me, a Notary Pennsylv personally appeared Susan Maher, known be the person whose name is subscribed to the within t she executed the same for the purposes therein , I have hereunto set my hand and official seal. cb YL V ANIA ss. of ~ .2002, before me, a Notary Pennsylv a, personally appeared Brian Maher, known be the person whose name is subscribed to the within t he executed the same for the purposes therein , I have hereunto set my hand and official seal. 1J1n Page 9 (") ~ """::'")(\,~ \~:\' , .<,-.' , (i~ . L~ " "', &.-., , ',1.> c":' ~,.-~ -<. ,...., f;; <>,... o -n --, -C-r'\ [\1 ;~~1 :\',t;~ C-' .:~~ (~,~ -L--\ -0 'C)i:) :X'~ '_2{,1 <.;"";1 ::::: )'.- -;;>-? (":J . ..'0 <-'1 :.:< -... SUSAN D. MAHER, PlaintifflRespondent IBY: .. <;(' IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA '7 v. : NO. 02- 1868 BRIAN 1. MAHER, DefendantlPetitioner CIVIL ACTION - LAW CUSTODY TEMPORARY ORDER OF COURT AND NOW, this d4.. ~YOf /h.AlCd ,2006, upon consideration of the attached Petition for Special RelieflPetition for Contempt, IT IS HEREBY ORDERED AND DECREED as follows: -R"'ponaent, ~usan D. Malrer, is hereby directed to refram tram relocating withthesubjecfrii.inor-i:1iTI,Coutside oftne Camptml7NewC~mb'ed;~d area without the ~resspermiSswnoflms court. It is further directed that the parties and their respective counsel shall appear before the Conciliator on the )j...,A. day of !VI ~.J.,.. ,2006, at I:o't.m. for a Pre-Hearing Custody Conference. J. )" 9Z <" .f~ !ll ; ',"'.! ., " ,.." I '.'.Z (,.;" ':: ',: ;"i ~;uU , -:t1] r~r' -~ I "Q,S ':' S f\Tf~~ t) ! Plaintiff \ APR 0 7 2006 IN THE COURT OF cOMJdN ~Ti=A~ VI- 1-. CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1868 CIVIL TERM SUSAN D. MAHER, v. CIVIL ACTION - LAW BRIAN L. MAHER, r~;;'-;;:--:;--;;'~- IN CUSTODY Defendant TEMPORARY ORDER OF COURT ft\ AND NOW, this II day of April, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Susan D. Maher and Brian L. Maher, shall have shared legal custody of the minor child, Ridge A. Maher, born April 28, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Phvsical Custody. The parties will share physical custody as follows: The parties will alternate weeks of custody beginning with Father having custody the week of March 27, 2006 and Mother having custody the week of April 3, 2006. Notwithstanding the above, the non-custodial parent shall have custody on Wednesday overnight during the week that the other parent has custody. 3. Relocation. Neither Mother or Father shall relocate with the child at a distance from their current residence that would require a change in the schedule above, without prior written consent of the other party or prior approval of this Court. 4. The parties shall communicate and cooperate in all matters concerning the child's health, education, safety and general welfare. Neither party shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other .. NO. 02-1868 CIVIL TERM party or which may hamper the free and natural development of the child's love and affection for the other party. BY1 Edward E. Guido, J. Dis!: ~~e H. Clough, Esq., 24 N. 320d Street, Camp Hill, PA 17011 J~'ristin R. Reinhold, Esq., 5922 Linglestown Road, Harrisburg, PA 17112 ~. ':'-(1.(1 1 ".J ~ ,_, '0 ~ I '.' ~, < .,~ ,..... "J ... ~__ __~ ':=' -~~ - -\7:~~Y .. Plaintiff APR ,) 'i 20[6 HP 0/ ' IN THE COURT OF COMMON~:LE~.SOr=~=J CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1868 CIVIL TERM SUSAN D. MAHER, v. CIVIL ACTION - LAW BRIAN L. MAHER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Ridge A. Maher April 28, 1996 Mother and Father 2. A Custody Conciliation Conference was scheduled for March 23, 2006 upon request of the Honorable Edward E. Guido. Father had filed a Petition for Special Relief/Petition for Contempt on or about March 22, 2006. The basis for Father's petition was concern that the Respondent/Mother might be intending to relocate to Virginia Beach, Virginia in the near future. Present for the conference were: the Mother, Susan D. Maher, and her counsel, Joanne H. Clough, Esquire; the Father, Brian L. Maher, and his counsel, Kristin Reinhold, Esquire, who appeared on behalf of Mark T. Silliker, Esq. 3. Father's position on custody is as follows: Father resides in New Cumberland. Paragraph 7 of the parties' Marital Settlement Agreement indicated that they would have joint physical and legal custody of the child. The schedule the parties have been following more recently has been that they alternate the weekends from Friday to Monday and that Father has custody on Tuesday and Thursday, with Mother having custody on Monday and Wednesday. Father indicates that both parties have extended family in the immediate area and does not see that anything could adequately substitute for their shared custody schedule, should Mother seek to relocate. Father reports that the child has been seeing Shannon Turtgeller at Reigler Sheinvhold & Associates for counseling for approximately two years. He describes the child as being emotionally up and down and sensitive to what is going on around him. He is concerned that the parties' child is being treated as an adult and that the child and mother are emmeshed. With regard to Mother's request for custody evaluation, Father does not think this is necessary. Father will not agree to participate in an evaluation. While Father recognizes that Mother's employer has been laying off a large . NO. 02-1868 CIVIL TERM number of people, he will not agree to her relocation at a distance that would make it impossible for him to continue to have a shared physical custody schedule with the child. 4. Mother's position on custody is as follows: Mother resides in Camp Hill. She reports that her company has begun outsourcing business and has had a number of layoffs. The last layoff terminated the employment of 60 people. Mother is very concerned about her ability to locate comparable new employment if her layoff eventually occurs. She admits to having gone to Virginia for three visits and having spoken to someone about potential employment. While an offer could be eminent, she claims that no formal offer has been made because she informed the interviewer that because of her custody arrangement, she was not in a position to make a decision about relocating. She reports that she told Father that she was considering this option. She also reports that she has explored other options locally, but finds that they do not provide similar compensation. Mother also acknowledges that in June 2005 that a letter was sent to her previous counsel indicating that there would be opposition to a possible relocation in California which Mother was considering at the time. It seems that neither party would prefer that the child have to leave the community in which he has grown up. However, Mother is legitimately concerned about her ability to find comparable employment should she be laid off. Currently, she remains employed. Mother's counsel recommends a custody evaluation and intends to request a hearing in order to determine whether the parties would participate in an evaluation which Mother would agree to fund fully. As explained by Mother's counsel, the benefit of the evaluation would be to assess now, before a potential crisis occurs by reason of layoff, whether the evaluator's assessment of the child's relationship with the parents would be such that the evaluator would recommend against relocation. Because evaluations take several months to occur, Mother would prefer not to have to wait until she has notice of layoff to ask for an evaluation. Mother sees herself as being the primary caregiver for the child in spite of the frequent and continuing contact with Father. She reports that she participates more in the child's school activities and sees herself as more active with his homework and doctor appointments. Mother is concerned that the child is not doing well with the current arrangement. She sees him as more insecure and having difficulty concentrating. However, she reports that he is getting good grades. Mother reports that the child complains that Father's girlfriend speaks to him in negative ways. Mother believes that the child is missing her when he is with his Father. Mother is also concerned that Father does not make the child practice his trumpet. 5. The parties agreed to maintain the language in paragraph 7 of the Marital Settlement Agreement but decided to rearrange the custodial time with the child to a schedule that they think may be more comfortable for him. The conciliator provides an Order in the form as attached. It is expected that Mother's counsel may file an Answer to ~ . NO. 02-1868 CIVIL TERM Father's Petitions and a Petition for Modification of the existing Order, as well as a Petition seeking to require Father to participate in a custody evaluation. ~IJj -0 p Date Ul'iJL ~ Melissa Peel Greevy, Esquire Custody Conciliator :272494