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HomeMy WebLinkAbout06-4375GERALD S. ROBINSON, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 27432 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax grobinson@robinson-geraldo.com ANNETTE D. SHEELY, Plaintiff, V. MARK A. SHEELY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O` - k37S C'iu?C'Tu rl CIVIL ACTION- 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. Your 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 counseling. A list of marriage counselors is available in the Office of the Prothonotary, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania . IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' 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 OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Court Administrator 4w Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ANNETTE D. SHEELY, Plaintiff, V. MARK A. SHEELY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION- DIVORCE AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea 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 Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicano en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o caulquier otra reclamacion o remedio solicitado por el demandante puede set dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importances para used. SED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, Pennsylvania 17101 (717) 232-7536 GERALD S. ROBINSON, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 27432 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax grobinson@robinson-geraldo.com ANNETTE D. SHEELY, Plaintiff, V. MARK A. SHEELY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04. ._ 4,9'7J- (3c,rl., CIVIL ACTION- DIVORCE COMPLAINT IN DIVORCE COUNTI 1. Plaintiff is Annette D. Sheely, who currently resides at 330 North 30`h Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Mark A Sheely, who currently resides at 330 North 30`b Street, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 1 4. The parties were married on January 13, 1990, at Harrisburg, Pennsylvania. 5. Neither Party is a member of the Armed Forces of the United States or any of its allies. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised of the availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. 8. The marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301 of the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 9. Plaintiff incorporates by reference paragraphs 1 through 8 of the Complaint for Divorce as fully set forth herein. 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Section 3502 of the Pennsylvania Divorce Code of 1980, as will be fully set forth in the Plaintiffs Inventory and Appraisement to be filed pursuant to the Pennsylvania Rules of Civil Procedure. 11. Plaintiff and Defendant have been unable to agree as to an equitable division of marital property. 12. Plaintiff requests that an automatic restraining order be entered against the above named parties who shall be prohibited from: a. Selling, transferring, encumbering, concealing, assigning, removing or in any way disposing of any property, real or personal, belonging to or acquired by, either party, except: (a) as required for reasonable expenses of living; (b) for payment of reasonable attorney's fees and costs in connection with the action; (c) by written agreement of both parties; or (d) by Order of the Court. b. Incurring any further debts that would burden the credit of the other party, including but not limited to further borrowing against any credit line secured by the marital residence or unreasonably using credit cards or cash advances against credit or bank cards. C. Changing the beneficiary of any life insurance policy, pension or retirement plan, or pension or retirement investment account, except with the written consent of the other party or by Order of the Court. d. Causing the other party or the minor children to be removed from coverage under an existing insurance policy, or permitting such coverage to lapse, including medical, dental, life, automobile, and disability insurance. The parties shall maintain all insurance coverage in full force and effect. 13. Plaintiff requests that this automatic restraining order be effective until the earliest of the following: (1) the order is modified or dissolved by the court; (2) the order is modified by a written agreement of the parties with court approval; (3) the entry of a judgment of divorce or separate support ;( 4) the action is dismissed; or (5) by further order of the court. WHEREFORE, plaintiff respectfully requests your honorable Court to equitably divide all marital property. COUNT III-CUSTODY 14. The Plaintiff incorporates by reference Paragraphs 1 through 13 of the Complaint for Divorce as fully set forth herein. 15. The parties are the parents of the following unemancipated children who currently reside with Plaintiff and Defendant. NAME AGE SEX DATE OF BIRTH Ashley N. Sheely 16 Female June 6, 1990 Tiffany L. Sheely 11 Female August 4, 1994 Mark R. Sheely 8 Male July 6, 1998 16. During the past five (5) years, the children have resided with both parties at their current address. 17. The Plaintiff has not participated in any capacity whatsoever in any other litigation concerning the custody of the minor children in this or any other state. 18. The Plaintiff knows of no person not a party to these proceedings who have physical custody of the children or who claim to have custody, partial custody or visitation rights with respect to the children 19. The Plaintiff submits that it is in the best interest and welfare of the children that the Plaintiff be granted custody of the children, and that the Plaintiff can best provide the minor 4 children with a more stable, healthful, religious, and proper environment. WHEREFORE, Plaintiff prays that the Honorable Court grant custody of the minor children of the Parties to Plaintiff. COUNT IV - ALIMONY PENDENTE LITE/ALIMONY 20. Plaintiff incorporates by reference paragraphs 1 through 19 of the Complaint for Divorce as fully set forth herein. 21. Plaintiff is unable to sustain herself during the course of litigation. 22. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 23. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 24. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until the final hearing and thereupon to enter an order of alimony in her favor pursuant to §§ 3701(a) and 3702 of the Divorce Code. WHEREFORE, plaintiff respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until the final hearing and thereupon to enter an order of alimony in her/his favor pursuant to §§ 3701(a) and 3702 of the Divorce Code. COUNT V - COUNSEL FEES 25. Plaintiff incorporates by reference paragraphs 1 through 24 of the Complaint for Divorce as fully set forth herein. 26. Plaintiff has employed Gerald S. Robinson, Esquire, to represent her in this matrimonial cause. 27. Plaintiff is unable to pay her counsel fees, costs and expenses and defendant is more than able to pay them. 28. Defendant is employed and has the ability to pay Plaintiffs counsel fees, costs and expenses. 29. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, plaintiff requests that, after final hearing, the Court order defendant to pay plaintiffs reasonable counsel fees, costs and expenses. WHEREFORE, plaintiff respectfully requests that, pursuant to §§ 3104 (a)(1), 3323(b) and 3702 of the Divorce Code, the Court enter an order directing defendant to pay plaintiffs reasonable counsel fees, costs and expenses. Respectfully submitted, ROBINSON & GERALDO Date: By: Gerald S. Robinson, Esquire Attorney for Plaintiff VERIFICATION TO COMPLAINT IN DIVORCE Plaintiff verifies that the statements made in this Complaint in Divorce are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 1y?1°? Annette D Sheely CERTIFICATE OF SERVICE I, Jaime Wassmer, do hereby certify that on the 2FJ day of July, 2006,1 caused a true and correct copy of the Divorce Complaint to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Mark A. Sheely 330 North 30`h Street Camp Hill, PA 17011 Respectfully submitted, ROBINSON & GERALDO CN, Jai a assmer, Esquire tea. o a C VI c p ANNETTE SHEELEY, V. MARK A SHEELY, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4375 CIVIL ACTION-DIVORCE PROOF OF SERVICE SIGNATURE AND AFFIDAVIT I, Gerald S. Robinson, Esquire, certify that I am a competent adult not a party to this The undersigned makes the following return of service: the Divorce Complaint was served upon Mark A. Sheely on August 5, 2006 at PO Box 502, Camp Hill, Cumberland County, Pennsylvania. The signed acceptance of service is attached hereto as Exhibit 1. action. I verify that the statements made in this affidavit and return of service 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 falsfication to authorities. Respectfully submitted, ROBINSON & GERALDO Dated: August 8, 2006 By: • erald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 0 Attorney for Plaintiff ¦ Complete items 1. 2, and 3. Also complete kern 4 if Restricted Dellmy is dented. ¦ PrkA your name and address on the reverse. so that we can istum the card to you. ,f. ¦ Attach this card to the back of the mallpiecay, ; or on the from H space permas. 1. hack Addressed W Marl. A. sheely 830 Noc4l 3o4-" s? rect- CampN?tl, PR Itoil O. «5 Pjam I x ? D. bdaWery addw daMrRaro.t. dy addrees ":- If YESWOW da wr 1" d 90k Sa 2,?, Cc, *p J-{,?l,P4 /7do( Mail ? EXM" Mad No r9Faah.m R8CW for Mwehandbe ? Insured Mad ? C.O.D. 4. Restricted DNWery? (Exec FoO 2. AftleNrmrbpr 7001 1940 0004 1L87 0208 (fmaAr /romisfMtl ?1 , PS Forth 3811, March 2001 Qw"Wac ROA Receipt mssssor4 1424 U -Ti A S jr c N ? Z s ' .r GERALD S. ROBINSON, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 27432 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax grobinson@robinson-geraldo.com ANNETTE D. SHEELY, Petitioner/Plaintiff, V. MARK A. SHEELY, Respondent/Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-4375 : CIVIL ACTION- DIVORCE PETITION FOR INJUNCTIVE RELIEF TO PREVENT DISSIPATION OF MARITAL ASSETS Petitioner files this Petition for Injunctive Relief, and in support thereof, avers as follows: Petitioner Annette D. Sheely, who currently resides at 330 North 30th Street, Camp Hill, Cumberland County, Pennsylvania. 2. Respondent is Mark A Sheely, who currently resides at 330 North 30th Street, Camp Hill, Cumberland County, Pennsylvania. 3. Petitioner filed a Complaint in Divorce requesting economic relief, including a count for equitable distribution. 4. Petitioner requests that an injunction be entered against the above-named parties and both shall be prohibited from: a. Selling, transferring, encumbering, concealing, assigning, removing or in any way disposing of any property, real or personal, belonging to or acquired by, either party, except: (a) as required for reasonable expenses of living; (b) for payment of reasonable attorney's fees and costs in connection with the action; (c) by written agreement of both parties; or (d) by Order of the Court. b. Incurring any further debts that would burden the credit of the other party, including but not limited to further borrowing against any credit line secured by ..,, the marital residence or unreasonably using credit cards or cash advances against credit or bank cards. C. Changing the beneficiary of any life insurance policy, pension or retirement plan, or pension or retirement investment account, except with the written consent of the other party or by Order of the Court. d. Causing the other parry or the minor children to be removed from coverage under an existing insurance policy, or permitting such coverage to lapse, including medical, dental, life, automobile, and disability insurance. The parties shall maintain all insurance coverage in full force and effect. WHEREFORE, Petitioner respectfully request that this Honorable Court grant the Petition for Injunctive Relief and enjoin and restrain the parties from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties. Respectfully submitted, ROBINSON & GERALDO Date: 8-J V f 0l0 By: Gerald S. Robinson Attorney for the Petitioner ..46 VERIFICATION Plaintiff verifies that the statements made in this Petition for Injunction are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: er(? t te D Lyv ..,. CERTIFICATE OF SERVICE f' I, Jaime Wassmer, do hereby certify that on the W day of August, 2006, I caused a true and correct copy of the Petition for Injunction to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Stanley J. Laskowski, Esquire 3631 N. Front Street Harrisburg, PA 17110 Respectfully submitted, ROBINSON & GERALDO By: W..-- J ' Wassmer, Esquire r? C) Mi= Cl - / N IV7f? LAUG E 2006 `l ANNETTE SHEELY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-4375 MARK A. SHEELY, Defendant. : CIVIL ACTION- DIVORCE ORDER ofr,7t 2006 upon consideration of the AND NOW, this &a Petition for Injunctive Relief, it is hereby ORIl_RED and DECREED that a hearing shall be held in Courtroom #_y, in the Cumberland County Courthouse on the Y day of At2006? Qt in order to determine whether the above-named parties will be enjoined and restrained from ;t 1 3OP. »9 encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties until the earliest of the following: (1) the order is modified or dissolved by the court; (2) the order is modified by a written agreement of the parties with court approval; (3) the entry of a judgment of divorce or separate support ;(4) the action is dismissed; or (5) by further order of the court. BY T COURT J. II 0 V .6 ITV I £ AV 9001 Advi mli:l+'uJ d 141 d0 _:' -CMU ANNETTE D. SHEELY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-4375 MARK A. SHEELY, Defendant. CIVIL ACTION- DIVORCE STIPULATION AGREEMENT, made this day of September, 2006, by and between Annette Sheely, hereinafter referred to as "Mother," and Mark A. Sheely, hereinafter referred to as "Father;" WITNESSETH: WHEREAS, Annette Sheely and Mark A. Sheely are the natural parents of Ashley N. Sheely, born June 6, 1990, Tiffany L. Sheely, born August 4, 1994, and Mark R. Sheely, born July 6, 1998; and WHEREAS, the parties have reached an agreement concerning the issues of custody and desire that this Stipulation be entered as Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW, THEREFORE, intending to be legally bound, the parties hereby agree as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of the subject minor children. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Day to day decisions shall be the responsibility of the party then having physical custody. 1 Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. 5309. 2. Defendant, Mark A. Sheely, shall have primary physical custody of the subject minor children. 3. Plaintiff, Annette Sheely, shall be able to exercise liberal periods of partial custody as the parties mutually agree. 4. Mother shall have custody of the minor children on Mother's Day. Father shall have custody of the minor children on Father's Day. 5. Should either parent be unavailable to care for the children during their custodial period, the other parent will have the right of first refusal. 6. All parties shall refrain from making derogatory comments about the other party in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children whether "sleeping" or awake. 7. During any period of custody or visitation, the parties to this Stipulation shall not possess or use any controlled substances; neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 2 A, , 4%a 8. Should either party intend to relocate from his or her current location that would require substantial modification of this agreement, he or she shall notify the other party by giving prior written notice not less than sixty (60) days prior to the planned relocation. In the event of any intended relocation, either party may seek modification of the terms of this Custody Stipulation by filing a Petition to Modify with the Prothonotary of the Cumberland County Court of Common Pleas, Pennsylvania. 9. The parties agree to supply the other with his or her complete contact information, including but not limited to residential address, cell phone numbers, home telephone numbers, employers' telephone numbers. Should any of the aforementioned information change, each party has five (5) days from the date of the change to notify the other party. Each party shall make every reasonable effort to ensure they can reach and be reached by the other party concerning issues relevant to the minor children. 10. The parties shall organize ways for their children to maintain their friendships, extracurricular activities and other special interests, regardless of which household they may be in. It is also suggested that toys, clothing, etc. not become matters of contention. 11. It is understood and stipulated by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between the parties and that such mutual agreement would be in the best interest of the children. Absent an agreement, the directives in this stipulation control. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year fir above written. W' ness Witness 3 r'? ? ._ Y . ?r.. aJ.;? ?:??? ?? r_: ?: -?« ` 1 , r.;. _ ._ ?? _i. . -ti Cx - X1375 et ? MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, dated the gg'day of , 2006, by and between MARK A. SHEELY, 330 N. 30TH Street, Camp Hill, Pennsylvania, 17011, Social Security No. 178- 58-7135, hereinafter called the "HUSBAND", and ANNETTE D. SHEELY, 330 N. 30TH Street, Camp Hill, Pennsylvania, 17011, Social Security No. 189-62-0871, hereinafter called the "WIFE", who agree as follows: WITNESSETH: WHEREAS, the parties are Husband and Wife, having been married on January 13, 1990; WHEREAS, diverse, unhappy and irreconcilable differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and the parties desire to enter into an Agreement settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, mutually agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to condone any act(s) of the other party which have occasioned the disputes or unhappy differences whether occurring prior or subsequent to the date of this Agreement. Upon initiation of an action in divorce by either party, the parties intend and agree to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code. 2. EFFECT OF DECREE, NO MERGER The provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any state, country, or jurisdiction, each of the parties to this Agreement 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 should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. The parties agree that the terms of this Agreement maybe incorporated into any divorce decree which maybe entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. The parties agree that the Order of Court dated August 30, 2006 and Petition for Injunctive Relief in the Court of Common Pleas, Cumberland County, Pennsylvania at Docket No. 06-4375, shall be dissolved and terminated and for purposes of which this agreement shall be sufficient evidence of the parties consent therefor. 2 3. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 4. ADVICE OF COUNSEL The parties acknowledge that they have had the opportunity to receive and have received independent legal advice from counsel of their selection at their sole discretion and that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreements. 5. FINANCIAL DISCLOSURE Husband and Wife represent and agree that they have made a full and complete disclosure to the other of all information of financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner misrepresented. Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances. Such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previously. 6. FILING INVENTORIES AND APPRAISEMENT The parties further acknowledge their understanding that they each have the right to file Inventories and Appraisement with the Court and to require the other party to do so. Such 3 Inventories and Appraisement require a party to indicate, under oath, information regarding all marital property in which either party has an interest as of the date the action was commenced. Husband and Wife voluntarily and intelligently agree to waive any rights which they may have to receive an inventory and appraisement of all property owned by them jointly or individually, at the time of delivery of this Agreement or of the commencement of any action in divorce. 7. TAX LIABILITY The parties believe and agree, and have been so advised, each at their sole discretion by their attorneys that the division of property made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property. Each party promises not to take any position with respect to the property assigned to him or her or which is inconsistent with this position on his or her Federal, State or local income tax returns. 8. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever, nor in any way interfere with the peaceful existence, separate and apart from the other. Neither party shall harass or be verbally or physically abusive to the other. 4 9. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 5 10. EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L. 63, No. 26) known as "The Divorce Code," 23 P.S. 3101 et. seq. of the Commonwealth of Pennsylvania. The parties agree to promplty execute and submit Affidvaits of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree and obtain entry of a final divorce decree. And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the prior marriages, if any, of the parties; the age, the health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 11. DISTRIBUTION OF PERSONAL PROPERTY Attached hereto and marked as Exhibit "A" is a list of personal property which is to be retained by Wife pursuant to this Agreement. Upon Wife's termination of occupancy of the marital 6 residence as provided in paragraph 17, hereof, Wife shall retain exclusive right, title, interest and possession of the personal property set forth on Exhibit "A". All right, title, interest and possession of all other personal property and contents of the marital home not set forth on Exhibit "A" shall become and remain Husband's personal property. Should Wife fail to remove the property set forth on Exhibit "A" from the residence within thirty (30) days after execution of this Agreement, any and all right, title, interest and possession whatsoever of the property set forth on Exhibit "A" shall become and remain solely and exclusively Husband's personal property. Subject to the foregoing, the parties hereto have divided as set forth on Exhibit "A" and in this paragraph 11 between themselves, to their mutual satisfaction, all items of tangible and intangible marital property, including but not limited to bank accounts, household goods, furniture, furnishings and contents of the marital home. Neither party shall make any claim to any such other items of marital property, or of the separate personal property as provided in Exhibit "A" attached hereto and in this paragraph 11, which are now deemed in the respective possession and/or under the control of the other party. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written certificate of insurance or other similar writing is in the possession or control of the party. Each of the parties, subject to the terms hereof, hereby specifically waives, releases, renounces and forever abandons any claim which he or she may have with respect to those items of personal property hereby assigned to the other, which such items shall hereafter be the sole and 7 exclusive property of the other. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by a party. A. VEHICLES The parties acknowledge that Wife has had use of a 2003 Ford Explorer, which is titled to Mark A. Sheely Builder, Inc.. Distribution of the personal property is deemed to include motor vehicles previously used by the parties, and any substitutions and replacements thereof. It is agreed that Wife shall retain personal use of said vehicle until January 1, 2007, and receipt of final payment of the sums due as set forth in paragraph 20, at which time possession of the vehicle shall be immediately returned to Mark A. Sheely Builder, Inc., and Husband. The 2003 Ford Explorer, together with any substitutions or replacements thereof, with all right, title, possession and interest therein, shall remain the sole and exclusive property of Mark A. Sheely Builder, Inc. Husband agrees to assume, indemnify and respectively hold the Wife harmless from any and all liability for any and all liens, encumbrances, lease and other obligations with respect to such vehicle both during and after the period of use of the vehicle as permitted herein, as well as be responsible for any and all maintenance, taxes and insurance with respect to his vehicle. Wife shall maintain and return the vehicle in its current condition, reasonable wear and tear excepted. 8 B. BANK ACCOUNTS Husband and Wife acknowledge and agree that they are each owners of individual personal checking, money market and savings accounts. It is agreed that each of the checking, savings and deposit accounts shall become and remain the sole and exclusive property of Husband and Wife to which each is respectively individually titled. Also, it is agreed all right, title and interest of all jointly title checking, savings and deposit accounts of Husband and Wife shall become and remain the sole and exclusive property of Husband. C. MARK SHEELY BUILDER, INC. The parties acknowledge and agree that they are the sole share holders of Mark Sheely Builder, Inc. (hereinafter "Corporation"). Husband is the owner of fifty-one (51) shares and Wife is the owner of forty-none (49) shares. Husband and Wife agree that all right, title and interest in the corporation, including but not limited to all assets, income, profits and dividends, shall become and remain the sole and exclusive property of Husband. Upon execution of this agreement, Wife shall execute and deliver all documents required to effect transfer of the shares and ownership thereof. Husband agrees to assume, indemnify and respectively hold Wife harmless from any and all liability for any and all liens, encumbrances, debts and obligations of the Corporation. Upon sale by the Corporation of the Lemoyne property as well as the Good Hope Farms Property, which is currently owned jointly by the parties, it is agreed that Wife shall be entitled to receive a listing referral fee in the amount of twenty (20%) percent of the listing Broker's commission, said referral fee to be paid by the Listing Broker to Wife, a Pennsylvania, licensed real estate agent. 9 12. WIFE'S DEBTS Wife shall assume and be responsible for all personal debts incurred in her individual name. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts and obligations incurred by the Wife prior to the date of the delivery of this Agreement, and all further debts incurred by the Wife from and after the date of delivery hereof, shall be the Wife's individual responsibility. 13. HUSBAND'S DEBTS Husband shall assume and be responsible for all personal debts incurred in his individual name. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by the Husband prior to the date of delivery of this Agreement, and all further debts incurred by the Husband from and after the date of delivery hereof, shall be the Husband's individual responsibility. 14. MARITAL DEBTS Husband and Wife hereby acknowledge that there are no outstanding joint bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party 10 solely for their own benefit. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. In the event that either party contracted or incurred any debts, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged. 15. RETIREMENT FUNDS Husband and Wife acknowledge that neither party has accrued or is entitled to any pension, profit sharing or other retirement and employment benefits as the result of their employment. Husband and Wife shall each be deemed to retain and remain in possession and control of any social security benefits which either party may respectively have a vested or contingent right or interest, for which they are eligible, if any, at the time of signing of this Agreement. 16. LIFE AND HEALTH INSURANCE Husband and Wife shall each be deemed to be and remain in sole and exclusive possession, control and ownership of his or her own life insurance policies and benefits, if any, and neither will make any claim against the other for any interest therein. Except as provided otherwise in this Agreement, Husband and Wife each shall be deemed to be and remain in sole and exclusive possession, control and ownership of his or her own health insurance policies and benefits, and neither will make any claim against the other for any interest therein. Husband agrees to maintain health insurance coverage as is currently in effect, or comparable coverage thereto, for Wife until entry of a final decree in divorce. 17. REAL ESTATE 330 N. 30"' Street, Camp Hill Pennsylvania. Husband and Wife are the joint owners of a 11 marital residence located at 330 N. 30th Street, Camp Hill, Pennsylvania, (hereinafter "Property"). It is agreed that all right, title, possession and interest whatsoever in the Property shall become and remain the sole and exclusive property of Husband. Husband agrees to and shall assume, indemnify and hold harmless Wife, upon execution of this Agreement, from any and all liability for any and all liens, mortgages, including but not limited to the loan and encumbrance of the parties to Equity One or its successors and assigns, all maintenance, costs, expenses, trash, sewer, water, taxes and insurance, and all other obligations of whatsoever nature with respect to the Property. Good Hope Farms Vacant Lot. Husband and Wife are the joint owners of a vacant building Lot located at Good Hope Farms, Hampden Township, Cumberland County, Pennsylvania, (hereinafter "Vacant Lot"). It is agreed that all right, title, possession and interest whatsoever in the Lot shall become and remain the sole and exclusive property of Husband. Husband agrees to and shall assume, indemnify and hold harmless Wife, upon execution of this Agreement, from any and all liability for any and all liens, mortgages, including but not limited to the loan and encumbrance of the parties Juniata Valley Bank or its successors and assigns, all maintenance, costs, expenses, trash, sewer, water, taxes and insurance, and all other obligations of whatsoever nature with respect to the Property On or before January 1, 2007, Husband will refinance the marital residence and Vacant Lot obligation to Equity One and Juniata Valley Bank into his own name. In the event that Husband is not able to complete refinancing of the Marital Residence and Vacant Lot obligation, the Property and Lot shall be thereafter listed for sale and sold by Husband. Upon sale and settlement of the Property and Vacant Lot, Husband shall pay the balance of the funds, if any, from the payment due on January 1, 2007 as set forth in paragraph 20. Upon execution of this Agreement, Wife shall 12 execute a fee simple Deed, or other document in a form that is satisfactory to Husband as may reasonably be requested and required by Husband in order to transfer and convey all right, title and interest in the Property to Husband; said Deed shall be held in escrow by legal counsel for Husband and delivered to Husband upon refinancing and release of Wife from the joint mortgage obligation. Cost of the preparation of the Deed shall be borne by Husband. 19. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY Husband agrees to pay to wife the monthly sum of five hundred and 00/100 dollars ($500.00) as alimony, on the first day of each month, commencing October 1, 2006, for a period of fourteen (14) consecutive months with the last payment to be made on or before, November 1, 2007. The amount and/or duration of alimony shall not be modified upward, downward or in any other respect for any reason and the parties release any rights they may have to seek modification with respect to the provisions of this paragraph. Husband shall have the right of prepayment of all or any portion of the alimony payments provided herein. All payments as set forth in herein shall be made payable to Wife and delivered to the Law Offices of Robinson & Geraldo, 4407 North Front Street, Harrisburg, PA 17110 Subject to the foregoing, Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or other maintenance. It shall be from the date of this agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. In the event that Wife has initiated against Husband any legal or other action for or pertaining to any form of support or maintenance, such as spousal support, alimony or alimony pendente lite, said action shall be deemed withdrawn and be terminated for all purposes effective immediately upon execution 13 of this Agreement. 20. CASH PAYMENT. Husband hereby agrees to pay to Wife the total sum of One Hundred Fifty Thousand Four Hundred Fifty and 00/100 Dollars ($150,450.00) as an equitable distribution of all marital property to be paid as follows: a. the sum of $3,450.00 upon execution of this Agreement; b. the sum of $7,000 on or before September 15, 2006; c. the sum of $10,000 on or before October 15, 2006; and d. the sum of $130,000 on or before January 1, 2007. All payments as set forth in subparagraph b, c and d hereof shall be made payable to Wife and delivered to the Law Offices of Robinson & Geraldo, 4407 North Front Street, Harrisburg, PA 17110. 21. ATTORNEY FEES, COSTS & EXPENSES The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this agreement and the granting of a divorce decree. 22. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this agreement. 14 23. LAW OF PENNSYLVANIA APPLICABLE This 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. 24. AGREEMENT BINDING ON HEIRS This agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 25. 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 provision shall be stricken from this agreement and in all other respects this agreement shall be valid and continue full force, effect and operation. Likewise, the failure of any party to meet her or his 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. 26. INTEGRATION This agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 27. 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. 15 28. 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 party upon request 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. 29. WAIVER 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 breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 30. HEADING NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this agreement nor shall they affect its meaning, construction or effect IN WITNESS WHEREOF, the parties hereto have set their hands and seals they day and year first written above. WITNESS: MARK A. SHEELY ANNETTE D. HEELY 16 COMMONWEALTH OF PENNSYLVANIA . . Ss: COUNTY OF -DA U P H/ M . On this, the g4 day of 51 f r fEM W006, before me, a Notary Public, the undersigned officer, personally appeared MARK A. SHEELY, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. My commission expires: eJ. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL NANCY L. BRESKI, Notary Public Susquehanna Township, Dauphin County My Commission Expires March 16, 2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this, the day of 2006, before me, a Notary Public, the undersigned officer, personally appeared ANNETTE D. SHEELY, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. My commission expires: 106127 . SS: Notary Public 17 EXHIBIT A a) personal jewelry; b) Mark and Annette's personal bedroom suite; c) One of the children's bedroom suites and Tiffany's computer; d) Dining room suite; e) Living room suite; f) Kitchen table; g) Half kitchen-small appliances; and h) Video camera and flat screen TV. r`1 's .--1 :-G i s s, to IV 14 SEP 1 4 2006 ANNETTE D. SHEELY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4375 MARK A. SHEELY, Defendant. CIVIL ACTION- DIVORCE ORDER OF COURT AND NOW, this /q day of 2006, the attached Stipulation of the parties is hereby adopted and approved by the Court and is entered as an Order of this Court. BY THE COURT: ?o?\9 o°/ Vlf\fl/Alr' NP'3d 9 4 *Zl f 4d 61 d3S 9001 A8VIQ'/y,j LG,Idd ^r31HI deb ANNETTE SHEELY, Plaintiff V. MARK A. SHEELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4375 CIVIL CIVIL ACTION - DIVORCE IN RE: PETITION FOR INJUNCTIVE RELIEF ORDER OF COURT AND NOW, September 28, 2006, upon relation of counsel that the above matter has been settled, the hearing set for October 4, 2006, is cancelled. By the Court, z, ' /'?f-Wk A. Hess, J. erald S. Robinson, Esquire Robinson & Geraldo PO Box 5320 Harrisburg, PA 17110-5320 /Stanley J. Laskowski, Esquire 3631 North Front Street Harrisburg, PA 17110 O I 10:1114 87V c13S 9001 ANNETTE D. SHEELY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-4375 CIVIL TERM MARK A. SHEELY, Defendant. CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(0) OF THE DIVORCE CODE 1. A Complaint in Divorce under 3301(c) of the Divorce Code was filed on August 1, 2006. 2. Defendant acknowledges that a copy of the Complaint was served on August 5, 2006, by certified, return receipt requested U.S. mail. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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. Dated: 7- G ?Ij a !-? _ Mark A. Sheely, Defendant 179-s,? -7135 06531-001/109170 C) f'J C=Y o - n rri:n ? rn C n - -ii ANNETTE D. SHEELY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-4375 MARK A. SHEELY, Defendant. CIVIL ACTION- DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301 of the Divorce code was filed on August 1, 2006, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 5. 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: Annette he ? ? s : T l._. ?,-? L ) ---` - - Y, ? z trrl ?7 ,_ ?! '.1 ` --i ?? ?ti1 "4 . ANNETTE D. SHEELY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-4375 MARK A. SHEELY, Defendant. CIVIL ACTION- DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301 (e) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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: Annette Sh , JP laintiff C . "`; . , ,17T ANNETTE D. SHEELY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-4375 MARK A. SHEELY, Defendant. CIVIL ACTION- DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under section 3301(c) of the Divorce code. 2. Date and Manner of service of the Complaint: Certified Mail, Restricted Delivery, Return Receipt Requested on August 5, 2006. 3. Date of execution of the affidavit required by section 3301(c) of the Divorce Code: by Plaintiff on December 4, 2006 and by Defendant on November 17, 2006. 4. Related claims pending. None 5. Date the Plaintiffs waiver of Notice in section 3301(c) of the Divorce was filed with the Prothonotary: is on or about December 18, 2006. 6. Date the Defendant's Waiver of Notice in section 3301(c) of the Divorce was filed with the Prothonotary: November 30, 2006. Respectfully submitted, ROBINSON & GERALDO assmer, Esq uire W B4IAttoevy .D. . No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff. c C ++ i t t t t t+ t t t+ t+ t t t t t+++ t++ t t t t t t t t t t+ t+ t+ t t t t t+++++++ t t t t t t+ t+ t t i t++++ t+++++++ ++ t + + IN THE COURT OF COMMON PLEAS + + F CUMBERLAND COUNTY + t + P t + t + + + STATE OF PENNA. + t + + + + ANNETTE D. SHEELY + No. 06-4375 + Plaintiff + t + + VERSUS + + + MARK A. SHEELY + + t Defendant + t + + + DECREE IN + + t DIVORCE + + + ik+> 1 1 st t t - + 444-4'ce IT IS ORDERED AND AND NOW + , + DECREED THAT ANNETTE D SH . ,T,Y PLAINTIFF, + + + MARK A. SHEELY + ` AND DEFENDANT, + } ARE DIVORCED FROM THE BONDS OF MATRIMONY. + THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE + BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT + YET BEEN ENTERED; + + The terms of the Marriage Settlement Agreement are he by + + + incorporated but shall not merge in the final Divorce Decree. + + + + BY THE C URT: + S j - A + y ATTES y i, + t> d i X PROTHONOTARY + r+ t 4 z L + + ??? ?,?,,?Y,?;? 7 ? ??? ?? ::r?? ? 4' ? ?! JAIME D. WASSMER, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax jwassmer@robinson-geraldo.com ANNETTE SHEELY, Plaintiff/Petitioner, V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4375 MARK A. SHEELY, Defendant/Respondent. : CIVIL ACTION PETITION FOR CONTEMPT 1. Petitioner, Annette Sheely, is an adult individual residing at 4815 East Trindle Road, Unit 8, Mechanicsburg, Cumberland County, PA 17050. 2. Respondent, Mark A. Sheely, is an adult individual residing at 330 North 30th Street, Camp Hill, Cumberland County, PA 17011. 3. Petitioner and Respondent were divorced from the bonds of marriage on December 20, 2006. A copy of the Decree is attached hereto as "Exhibit I". 4. Pursuant to the divorce proceedings, on September 8, 2006, the parties executed a Marriage Settlement Agreement, which resolved the equitable division of the martial estate. A copy of the filed Agreement is attached hereto as "Exhibit 2". 5. As directed in paragraph nineteen of the parties' Marriage Settlement Agreement, Respondent agreed to pay Petitioner five hundred dollars ($500.00) as alimony, on the first day of each month, commencing October 2006 for a period of fourteen months with the last payment to be made on or before November 2007. 6. Respondent has willfully failed to comply with the terms of the September 8, 2006 Marriage Settlement Agreement in that: a. Respondent willfully failed to make alimony payments for the months of March 2007, April 2007, May 2007, and June 2007. b. In and around March 2007, Respondent was experiencing financial difficulties and requested that Petitioner accept delayed alimony payments for March and April in May 2007. Petitioner agreed to accept the delayed payments in May 2007. c. On May 1, 2007, Petitioner did not receive her alimony payment for that month, nor did she receive the alimony payments for the two preceding months as the parties agreed she would. d. Respondent evades Petitioner's requests to correct his violation. e. On May 1, 2007, when Petitioner did not receive her monthly alimony payment, she contacted Respondent to inquire into its status. Respondent stated to Petitioner that she would not be receiving the March and April payments, nor would she be receiving the payment for May. f. As of the date of this Petition, Respondent has failed to remit to Petitioner the alimony payment due for June 2007. 7. Respondent is in direct violation of the executed Marriage Settlement Agreement and has willfully failed to comply with paragraph nineteen of the parties' agreement, despite Petitioner's repeated requests to make the agreed upon payments. 8. Pursuant to the divorce proceedings, on September 19, 2006, the parties executed a Stipulation, which resolved the parties' issues concerning custody of their minor children, Ashley N. Sheely, born on June 6, 1990; Tiffany L. Sheely, born on August 4, 1994; and Mark R. Sheely, born on July 6, 1998. A copy of the filed Stipulation is attached hereto as "Exhibit 3". 9. As directed in paragraph one of the stipulation, the parties agreed that "... decisions concerning their children's ... health, welfare, education, ... shall be made by them jointly, after discussion and consultation with each other, with a view toward ... the children's best interest. 10. Respondent has willfully failed to comply with the provisions in paragraph one of the parties' September 19, 2006 Stipulation addressing custody in that: a. The parties' youngest child, Mark R. Sheely, suffers from autism and requires constant therapy to address his needs and ability to cope and pay attention. b. The parties' youngest child was receiving weekly therapy sessions at the parties' home up until the parties' separation in and around September 2006. C. Petitioner has discussed her concerns with Respondent regarding their son not receiving any therapy to address his autism since their separation and has pleaded with Respondent to arrange for their son to begin receiving therapy in Respondent's home, where therapy has taken place in the past, where there is ample room for the sessions to take place, and where their son feels comfortable and is familiar with the surroundings. d. Respondent refuses to arrange the therapy sessions and insists their son only needs the services of a babysitter, whose services would also be used to watch the children of Respondent's paramour's children. e. According to the parties' custodial agreement, Petitioner has custody of the children when the "parties mutually agree". f. Petitioner has asked that the therapy sessions be held in her home when she has custody of their son; however, Respondent will not agree to such arrangements. 11. Petitioner is concerned that Respondent will continue to disregard the provisions of their Marriage Settlement Agreement and Custody Stipulation unless he is forced to comply. 12. Respondent is clearly in contempt of violating the September 8, 2006 Order and the September 19, 2006 Order and should be made to pay Petitioner's attorney fees for preparing and filing this Petition as well as attending future proceedings. 13. Petitioner's counsel's hourly rate is $175, which to date comes to $831.25 and will continue at that rate into the future. WHEREFORE, Petitioner requests that this Honorable Court grant her Petition for Contempt and Order Respondent to pay her reasonable attorney's fees for litigating his issue and compel Respondent to make all past due payments as directed in the parties' Marriage Settlement Agreement and arrange for the parties' son to have weekly therapy session to be held in his home to address the child's autistic needs. Respectfully Submitted, ROBINSON & GERALDO Date: 6 1?101 J m D. Wassmer, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I, Jaime Wassmer, do hereby certify that on the S day of June, 2007, I caused a true and correct copy of the Petition for Contempt to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Stanley Laskowski, Esq. 3631 N. Front Street Harrisburg, PA 17110 Respectfully submitted, ROBINSON & GERALDO By: , Ja' Wassmer, EsqW VERIFICATION I verify that the statements made in this Petition for Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. nnette Sheely i r` ,y ANNETTE SHEELY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 06-4375 MARK A. SHEELY, Defendant. CIVIL ACTION PRAECIPE TO WITHDRAW PLAINTIFF'S PETITION FOR CONTEMPT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw Plaintiff's Petition for Contempt which was filed in the above- mentioned matter on June 11, 2007. Respectfully Submitted, ROBINSON & GERALDO y; a-^-__,, Date: n f l! 1 B 6t 4 Jaime assmer, Esquire Attorney for Plaintiff CERTIFICATE OF SERVICE I, Jaime Wassmer, do hereby certify that on the E day of July, 2007, I caused a true and correct copy of the Praecipe To Withdraw Defendant's Petition for Contempt to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Stanley J. Laskowski, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 Respectfully submitted, ROBINSON & GERALDO By: Jai a assmer, Esq. N .._/ "') r ? ? (Y _ , . ? -^-? -?? _('? i k 3 i t . , _? ..C.y !'t ' ? ? ? ?... . .- 7' Yl - ? - 1 Johnson, Duffie, Stewart & Weidner By: Melissa P. Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com Attorneys for Petitioner ANNETTE D. SHEELY n/k/a : IN THE COURT OF COMMON PLEAS OF ANNETTE D. SWARTZ, : CUMBERLAND COUNTY, PENNSYLVANIA v. MARK A. SHEELY, Plaintiff Defendant : NO. 2006-4375 : CIVIL ACTION — LAW IN CUSTODY PETITION TO MODIFY CUSTODY ORDER The Petitioner, Annette D. Sheely n/k/a Annette D. Swartz, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, hereby files this Petition to Modify this Court's previous Custody Order of September 19, 2006 and in support thereof avers as follows: 1. The Petitioner is Annette D. Sheely n/k/a Annette D. Swartz, who currently resides at 105 E. Allen Street, Apt. 101, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is Mark A. Sheely, who currently resides at 5405 Joshua Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On September 19, 2006, an Order of Court for custody was entered by the Honorable Kevin A. Hess, P.J. A true and correct copy is attached hereto. 4. This Court's Custody Order of September 19, 2006 provides the Petitioner with liberal periods of partial custody, as the parties mutually agree. 5. This Court's Order should be modified because: A. Respondent has refused Petitioner access to the parties' minor son, Mark R. Sheely, born 1998. Accordingly, it is necessary for the Court to set a schedule of partial custody. B. The Respondent has interfered with the Petitioner's rights of shared legal custody and attempts to tell her that not only can she not see the child, but that she is not permitted to attend any medical appointments for him. WHEREFORE, Petitioner respectfully requests this Honorable Court schedule a Custody Conciliation Conference and modify the existing Order to provide Petitioner a schedule of liberal partial custody, to include alternating weekends from Friday after school until Sunday at 8:00 p.m., as well as two afternoons a week, after school, until 8:00 p.m. Additionally, all summer, with the exception of a two week period of vacation for Respondent and set a schedule of custody for shared and/or alternating holidays. :663416 Respectfully submitted, JOHNSON DUFF EWART & WEIDNER Melissa P. Greevy, Esquire I.D. No. 77950 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 VERIFICATION I, Annette D. Sheely n/k/a Annette D. Swartz, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: / ///q t/ J f 0 Annette D. Sheely n/k/a Annette D. Swartz ANNETTE D. SHEELY, Plaintiff, REC IVED SEP 1 2006 BY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-4375 MARK A. SHEELY, Defendant. : CIVIL ACTION- DIVORCE ORDER OF COURT AND NOW, this /q - day of Sr , 2006, the attached Stipulation of the parties is hereby adopted and approved by the Court and is entered as an Order of this Court. BY THE COURT: FILED -OFF ICE OF THE PROTHONOTARY 20[16 SEP 19 PH 12: 8 CUM$EiiL.A..,',) COUNTY PENNSYLVANIA ANNETTE D. SHEELY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-4375 MARK A. SHEELY, Defendant. : CIVIL ACTION- DIVORCE STIPULATION AGREEMENT, made this day of September, 2006, by and between Annette Sheely, hereinafter referred to as "Mother," and Mark A. Sheely, hereinafter referred to as "Father;" WITNESSETH: WHEREAS, Annette Sheely and Mark A. Sheely are the natural parents of Ashley N. Sheely, born June 6, 1990, Tiffany L. Sheely, born August 4, 1994, and Mark R. Sheely, born July 6, 1998; and WHEREAS, the parties have reached an agreement concerning the issues of custody and desire that this Stipulation be entered as Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW, THEREFORE, intending to be legally bound, the parties hereby agree as follows: 1. It is the intention of the parties and the parties agree that they will share joint legal custody of the subject minor children. The parties agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Day to day decisions shall be the responsibility of the party then having physical custody. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. 5309. 2. Defendant, Mark A. Sheely, shall have primary physical custody of the subject minor children. 3. Plaintiff, Annette Sheely, shall be able to exercise liberal periods of partial custody as the parties mutually agree. 4. Mother shall have custody of the minor children on Mother's Day. Father shall have custody of the minor children on Father's Day. 5. Should either parent be unavailable to care for the children during their custodial period, the other parent will have the right of first refusal. 6. All parties shall refrain from making derogatory comments about the other party in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children whether "sleeping" or awake. 7. During any period of custody or visitation, the parties to this Stipulation shall not possess or use any controlled substances; neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 2 8. Should either party intend to relocate from his or her current location that would require substantial modification of this agreement, he or she shall notify the other party by giving prior written notice not less than sixty (60) days prior to the planned relocation. In the event of any intended relocation, either party may seek modification of the terms of this Custody Stipulation by filing a Petition to Modify with the Prothonotary of the Cumberland County Court of Common Pleas, Pennsylvania. 9. The parties agree to supply the other with his or her complete contact information, including but not limited to residential address, cell phone numbers, home telephone numbers, employers' telephone numbers. Should any of the aforementioned information change, each party has five (5) days from the date of the change to notify the other party. Each party shall make every reasonable effort to ensure they can reach and be reached by the other party concerning issues relevant to the minor children. 10. The parties shall organize ways for their children to maintain their friendships, extracurricular activities and other special interests, regardless of which household they may be in. It is also suggested that toys, clothing, etc. not become matters of contention. 11. It is understood and stipulated by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between the parties and that such mutual agreement would be in the best interest of the children. Absent an agreement, the directives in this stipulation control. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year fir above written. Witness Mark A Sheely 0' ='i '-',:f C1 ''S tZ:'i 1 CERTIFICATE OF SERVICE AND NOW, this 9 day of November, 2014, the undersigned does hereby certify that she did this date serve a true and correct copy of the within Petition to Modify Custody Order upon counsel of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows Stanley J. Laskowski, Esquire Caldwell & Kearns, P.C. 3631 N. Front Street Harrisburg, PA 17110 JOHNSON, D . STEWART & WEIDNER M- '_sa P. Greevy ANNETTE D. SHEELY n/k/a ANNETTE D. SWARTZ, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4375 vs. MARK A. SHEELY, DEFENDANT CIVIL ACTION - CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION PRINT NAME , hereby swear or affirm, subjectto; penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the "YES" box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Answer Yes or No Crime Self Other Date of conviction, Sentence household guilty plea, no contest member plea or pending charges YES NL7 ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide) ❑ 1/18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ �J/ 18 Pa.C.S. §2706 ❑ ❑ / (relating to terroristic threats) ❑ L� 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (relating to kidnapping) 1:1 DZ. Y 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑[[�18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) Answer Yes or No YES NO Crime 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) ❑ [V 18 Pa.C.S. §3121 [i/ (relating to rape) Self Other Date of conviction, Sentence household guilty plea, no contest member plea or pending charges 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 ❑ ❑ (relating to 'sexual assault) 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ L 18 Pa.C.S. §3126 (relating to indecent assault) E] 18 18 Pa.C.S. §3127 relating to indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) Answer Crime Self Other Date of conviction, Sentence Yes or No household guilty plea, no contest member plea or pending charges YES NO /18Pa.C.S.33O1 ❑ ❑ (relating to arson and related offenses) ❑ V18Pa.C.S.43O2 ❑ ❑ (relating to incest) ❑ [[ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) �18 Pa.C.S. §4304 (relating to endangering welfare of children) Pa.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) l21 18 Pa.C.S. §5903(c) or (d) ❑ ❑ (relating to obscene & other sexual materials & performances) ❑ 18 Pa.C.S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) Answer Yes or No YES NO Crime Z18 Pa.C.S. §6320 (relating to sexual exploitation of children) Self Other household member 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or alcohol ❑ (Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device Date of conviction, Sentence guilty plea, no contest plea or pending charges 2. Unless indicated by my checking the "YES" box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, or involvement with a Children & Youth Agency, including the following: Answer Yes or No YES NO ❑ o� A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Involvement with a Children & Youth Agency or similar agency in Pennsylvania or another jurisdiction. Where?: Self Other Date household member ❑ ❑ Err Other: 0 0 3. Please list any evaluation, counseling or other treatment received following conviction or finding ofabuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the otheparty or members of the other party's houshold has or have a criminal/abuse history, please explain: ! verify that the statements made in the Criminal Record/Abuse History Verification are true and correct to the best of mv knowledqe, information and belief. 1 understand that faise statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities and can be punishable by fine or imprisonment. Si nature Printed Name � ��� � ANNETTE D. SHEELY n/k/a ANNETTE D. SWARTZ, V. MARK A. SHEELY, Plaintiff Defendant In Forma Pauperis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4375 CIVIL ACTION — LAW IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Annette D. Sheely n/k/a Annette D. Swartz, Plaintiff, to proceed in forma pauperis. I, Melissa P. Greevy, Esquire, attorney for the party proceeding in forma Pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Me tssa P. Greevy, Esquire Attorey for Plaintiff I.D. No. 77950 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 :663918 ANNETTE D. SHEELY N/K/A ANNETTE D. IN THE COURT OF COMMON PLEAS OF SWARTZ PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA C.) ..,.) V. 2006-4375 CIVIL ACTION LAW rn c MARK A. SHEELY IN CUSTODY ==' m --,1— DEFENDANT �n 1 � , r— —4c) ORDER OF COURT > r..?rcl AND NOW, Monday, December 01, 2014 , upon consideration of the attached Coi'Otilai it is; hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 23, 2014 9:00 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT. By: /s/ John J. Mangan, Jr., Esgr 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. Copt's /X7,161 G/o eV3, Lash'ows/,6g. /19c9Iy90, Et • 12/I//L/ Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Johnson, Duffie, Stewart & Weidner By: Melissa P. Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com ANNETTE D. SHEELY n/k/a ANNETTE D. SWARTZ, v. MARK A. SHEELY, Plaintiff Defendant Attorneys for Petitioner : IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-4375 CIVIL ACTION — LAW IN CUSTODY RETURN OF SERVICE AND NOW, this 1A day of December, 2014, the undersigned does hereby certify that on December 9, 2014 the Petition to Modify Custody Order, filed on November 25, 2014, the December 1, 2014 Order scheduling the December 23, 2014 custody conciliation conference, Plaintiff's Criminal Record/Abuse History Verification, and a blank Criminal Record/Abuse History Verification form were served on Defendant, Mark A. Sheely, via certified mail, return receipt requested, addressed to 5405 Joshua Drive, Mechanicsburg, PA 17050-7228. The Return Receipt evidencing service upon Mr. Sheely is attached hereto. Respectfully submitted, JOHNSON DUFFI Ag, WEIDNER Melissa P. Greevy, Esquire SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. mi Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. . Article Addressed to: Oar (c, A elee,(,,i 2- 61-(0D JoSyluct 19 r- iv ecirati) 61:0 vv ,(f( --1650-1 COMPLETE THIS SECTION ON DELIVERY A. Signature Agent 0 Addressee D. Is delivery address diffe nt from item 1 , If YES, enter delivery address below: 0 No 3. Service Type larertified Mail 0 Registered 0 Insured Mail o Express Mail o Retum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) aKos • 2. Article Number (Transfer from service label) PS,Form 3811, February 2004 " I Ar44.2..‘ 7010 167,0 0000 1026 4405 DomesticRetum Receipt 10259 CERTIFICATE OF SERVICE AND NOW, this day of December, 2014, the undersigned does hereby certify that she did this date serve a true and correct copy of the within Return of Service upon Defendant by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows Mark A. Sheely 5405 Joshua Drive Mechanicsburg, PA 17050-7228 JOHNSON, DU , TEWART & WEIDNER Melissa P. Greevy :669491 i6f1/ ANNETTE D. SHEELY n/k/a ANNETTE D. SWARTZ, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2006-4375 MARK A. SHEELY, DEFENDANT CIVIL ACTION - CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION rim r?n rn f..° c--? I, I - I Gt (� l� S °' , hereby swear or affirm, supAect t PRINT NAM C, penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities i, 1. Unless indicated by my checking the "YES" box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Answer Crime Self Other Date of conviction, Sentence Yes or No household guilty plea, no contest member plea or pending charges YES NO ❑ Ai 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide) ❑ ( 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (relating to kidnapping) ❑ 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) Answer Yes or No YES NO Crime ❑ ' 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) o Jr( O 18l7 Self Other Date of conviction, Sentence household guilty plea, no contest member plea or pending charges ❑ ❑ 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) ❑ X 18 Pa.C.S. §3127 CI ❑ ❑ (relating to indecent exposure) 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) Answer Yes or No YES NO 15K r Crime 18 Pa.C.S. §3301 (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children) 18 Pa.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c) or (d) (relating to obscene & other sexual materials & performances) Self Other Date of conviction, Sentence household guilty plea, no contest member plea or pending charges 18 Pa.C.S. §6301 0 0 (relating to corruption of minors) .e/Kr 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) 0 og Answer Yes or No YES NO Crime 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. §6114 (relating to contempt for violation of protection order or agreement) Self Other Date of conviction, Sentence household guilty plea, no contest member plea or pending charges ❑ ,kr Driving under the influence of ❑ ❑ drugs or alcohol Manufacture, sale, delivery, ❑ ❑ holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the "YES" box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, or involvement with a Children & Youth Agency, including the following: Answer Yes or No YES NO ❑ g • rgs Self Other Date household member A finding of abuse by a Children & Youth Agency or similar ❑ agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from ❑ Abuse Act in Pennsylvania or similar statute in another jurisdiction Involvement with a Children & Youth Agency or similar ❑ agency in Pennsylvania or another jurisdiction. Where?: ❑ ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other part have a criminal/abuse history please a plain: that Zak 311001d AO a A r+Meil * Oe -to aro • s a or members of the oth TO f 014 (YIN sQffv#o-< ceho I jp kens r party's house Id hasor .1 Qe�. nne�t�S (ic4. VO Wed.'s*, eVera Ti o tees I verify that the statements made in the Criminal Record/Abuse History Verification are 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. §4904 relating to unsworn falsification to authorities and can be punishable by fine or imprisonment. 1766,AIL 1,2/vLs2J.id- Signature rtl a r LS heeAkt Printed Name a -i I -IL/ Date ANNETTE D. SHEELY N/K/A ANNETTE : IN THE COURT OF COMMON PLEAS OF SWARTZ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 06-4375 CIVIL ACTION LAVy, MARK A. SHEELY, IN CUSTODY m Defendant= ~� wr— r--� wk n C) CD Prior Judge: Kevin A. Hess, P.J. ORDER OF COURT cJ, N)' AND NOW this 31 ' day of December 2014, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Mark A. Sheely, and the Mother, Annette Swartz, shall have shared legal custody of Mark R. Sheely, born July 06, 1998. The parties shall have an equal right 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. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's physical custody as follows: a. Commencing Sunday 12/28/14, for one month, Mother shall have custody on alternating Sundays from 12 pm to 3 pm and every Wednesday from 2:45 pm to 6:45 pm. b. Commencing Sunday January 25, 2015, Mother shall have custody on alternating Sundays from 12 pm to 3 pm and every Wednesday and Friday from 2:45 pm to 6:45 pm. c. Absent agreement otherwise, Mother shall provide the transportation picking Mark up from school or from Father's residence. It is anticipated that for now, Mark's TSS may also be present at Mother's residence for her weekday custodial time to ease the transition of Mark being with Mother and for Mother to better learn how to deal with Mark's behaviors. d. Father shall inform Mother of the Child's provider's contact information and any scheduled appointments within ten days of the instant Order. e. Mother shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon; in the absence of agreement, Mother shall have custody on 12/25 from 11 am to 2 pm. All other holidays shall be discussed at the scheduled conference. 5. vacation: To be discussed at the next conference. 6. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 11. A status conference is hereby scheduled for Friday February 27, 2015 at 9 am with the assigned conciliator. The intent of the conference is to see how Mother's custody is going and whether to expand her time, hopefully the parents can agree between themselves and if so, cancel said conference. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. DD i tribution: ✓Melissa Greevy Lindsay, Esquire anley Laskowski, Esquire 4---"ro-hn J. Mangan, Esquire By the Court, ANNETTE D. SHEELY N/K/A ANNETTE : IN THE COURT OF COMMON PLEAS OF SWARTZ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 06-4375 CIVIL ACTION LAW MARK A. SHEELY, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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: Name Date of Birth Currently in the Custody of Mark R. Sheely 07/06/1998 Primary Father 2. A stipulated Order of Court issued September 19, 2006 and a Conciliation Conference was held with regard to this matter on December 23, 2014 with the following individuals in attendance: The Mother, Annette Swartz, with her counsel, Melissa Greevy, Esq. The Father, Antonio Palumbo, with his counsel, Stanley Laskowski, Esq. 3. The parties agreed to the entry of an Order in the form as attached. tez/ //r. Date Jo C J. M tody gan, Esquire onciliator