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HomeMy WebLinkAbout06-5718MARK L. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 5'7/g- CIVIL TERM ROBIN S. JONES, CIVIL ACTION-LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 MARK L. JONES, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ROBIN S. JONES, Defendant NO. 2006 - S7 / 9 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Mark L. Jones, an adult individual who currently resides at 2110 Douglas Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Robin S. Jones, an adult individual who currently resides at 2110 Douglas Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 25, 1997 in St. Patrick's Shrine, Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT I -EQUITABLE DISTRIBUTION 9. Plaintiff hereby incorporates by reference paragraphs 1 through 8 above. 10. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT 11 - CUSTODY 11. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Complaint. 12. The parties have three children of their marriage; Autum M. Jones, born October 26, 1999, age 6. Evelyn V. Jones, born March 14, 2002, age 4. Jonathan M. Jones, born May 13, 2003, age 3. These children were born in wedlock. The children are presently in the custody of Plaintiff and Defendant at 2110 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, 17013. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates Mark L. Jones Robin S. Jones 2110 Douglas Drive Carlisle, Pennsylvania August 2005 - Present Mark L. Jones 625 Mill Race Court June 1999 - August 2005 Robin S. Jones Carlisle, Pennsylvania The natural father of the child is Mark L. Jones, currently residing at 2110 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, 17013. He is married to the Defendant. The natural mother of the child is Robin S. Jones, currently residing at 2110 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, 17013. She is married to the Plaintiff. 13. The relationship of the Plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Names Relationship Robin S. Jones Wife Autumn M. Jones uaugnter Evelyn V. Jones Daughter Jonathan M. Jones Son 14. The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Names Relationship Mark L. Jones Husband Autumn M. Jones Daughter Evelyn V. Jones Daughter Jonathan M. Jones Son 15. Plaintiff does not know of a person or a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: none. WHEREFORE, Plaintiff requests your Honorable Court to grant him primary physical custody of the child and give Defendant partial custody at such times as the parties agree. Date: SZ??3t1- Z? , 2006 Respectfully submitted, O'BRIEN, BARIC & SCHERER ?444i.' Michael A. Scherer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff mas.dirldomestic/Jones/divorce.comp a Ii ' MARK L. JONES, Plaintiff V. ROBIN S. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - CIVIL TERM CIVIL ACTION-LAW IN DIVORCE VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: I 7 , 2006 Mark L. Jo Ws 1 r MARK L. JONES, Plaintiff V. ROBIN S. JONES, Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Mark L. Jones, an adult individual, residing at 2110 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Robin S. Jones, an adult individual, residing at 2110 Douglas IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - Z 71F CIVIL TERM CIVIL ACTION-LAW IN DIVORCE Drive, Carlisle, Cumberland County, Pennsylvania, 17013 3. Plaintiff seeks primary custody of the following children: Name Present Residence Date of Birth Autumn M. Jones Evelyn V. Jones 2110 Douglas Drive Carlisle, Pennsylvania 17013 2110 Douglas Drive Carlisle, Pennsylvania 17013 October 26, 1999 March 14, 2002 Jonathan M. Jones 2110 Douglas Drive Carlisle, Pennsylvania 17013 The children were born out of wedlock. May 13, 2003 The children are presently in the custody of the Plaintiff and Defendant, who reside at 2110 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, 17013. f During the past five years, the children has resided with the following persons and at the following addresses: Name Address Date Mark L. Jones 2110 Douglas Drive August 2005-Present Robin S. Jones Carlisle, Pennsylvania 17013 Mark L. Jones 625 Mill Race Court June 1999-August 2005 Robin S. Jones Carlisle, Pennsylvania 17013 The mother of the children is Robin S. Jones, currently residing at 2110 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, 17013. She is married to the Plaintiff. The father of the children is Mark L. Jones, currently residing at 2110 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, 17013. He is married to the Defendant 4. The relationship of the Plaintiff to the children is that of natural father. The plaintiff currently resides with the following persons: Name Relationship Robin S. Jones Wife Autumn M. Jones Daughter Evelyn V. Jones Daughter Jonathan M. Jones Son i 5. The relationship of Defendant to the children is that of natural mother. The defendant currently resides with the following persons: Name Relationship Mark L. Jones Husband Autumn M. Jones Daughter Evelyn V. Jones Daughter Jonathan M. Jones Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None. WHEREFORE, Plaintiff requests your Honorable Court to grant him primary physical custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A` Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas.dir/domestic/Jones/custody.comp ^? "iZ C_. C3'. ? ??., ?: t ? ?'s:.' . Y-``,? r? :mss ?? ?' ` MARK L. JONES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-5718 CIVIL ACTION LAW ROBIN S. JONES IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, October 05, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 07, 2006 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 pfd w ?o. b. o? ?p y 0/ ". Ut r? Advil, C' NOV 0 82006 MARK L. JONES, Plaintiff V. ROBIN S. JONES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-5718 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 7 1? day of "aac.. , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Mark L. Jones and the Mother, Robin S. Jones, shall have shared legal custody of Autumn M. Jones, born October 26, 1999; Evelyn V. Jones, born March 14, 2002 and Jonathan M. Jones, born May 13, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parents shall have shared physical custody as agreed. 3. This Order is entered pursuant to an agreement of the parties at 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. -g t -,? C 4'-?r? jr-- ;?r't1? t?..S.?`V :.. ?Z ?'? ???? ?_ ?,??? 9fltlZ ?'? ?? BY THE COURT, J. cc• ichael A. Scherer, Esquire, Counsel for Father Mary L. Kelley, Esquire, Counsel for Mother MARK L. JONES, Plaintiff V. ROBIN S. JONES, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-5718 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Autumn M. Jones October 26, 1999 shared Evelyn V. Jones March 14, 2002 shared Jonathan M. Jones May 13, 2003 shared 2. A Conciliation Conference was held in this matter on November 7, 2006, with the following in attendance: The Father, Mark L. Jones, with his counsel, Michael A Scherer, Esquire, and the Mother, Robin S. Jones, with her counsel, Gary L. Kelley, Esquire. 3. The parties agreed to an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator MARK L. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 5W CIVIL TERM ROBIN S. JONES, CIVIL ACTION-LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 0 MARK L. JONES, Plaintiff V. ROBIN S. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5817 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AMENDED DIVORCE COMPLAINT 1. Plaintiff is Mark L. Jones, an adult individual who currently resides at 2110 Douglas Drive, Carlisle, Cumberland County, Pennsylvania 17013-1023. 2. Defendant is Robin S. Jones, an adult individual who currently resides at 2110 Douglas Drive, Carlisle, Cumberland County, Pennsylvania 17013-1023. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 25, 1997 in St. Patrick's Shrine, Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. t COUNT I -EQUITABLE DISTRIBUTION 9. Plaintiff hereby incorporates by reference paragraphs 1 through 8 above. 10. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT II - CUSTODY 11. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Complaint. 12. The parties have three children of their marriage; Autum M. Jones, born October 26, 1999, age 6. Evelyn V. Jones, born March 14, 2002, age 4. Jonathan M. Jones, born May 13, 2003, age 3. These children were born in wedlock. The children are presently in the custody of Plaintiff and Defendant at 2110 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, 17013. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Mark L. Jones 2110 Douglas Drive Robin S. Jones Carlisle, Pennsylvania Mark L. Jones 625 Mill Race Court Robin S. Jones Carlisle, Pennsylvania Dates August 2005 - Present June 1999 - August 2005 The natural father of the child is Mark L. Jones, currently residing at 2110 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, 17013. He is married to the Defendant. The natural mother of the child is Robin S. Jones, currently residing at 2110 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, 17013. She is married to the Plaintiff. 13. The relationship of the Plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Names Relationship Robin S. Jones Wife Autumn M. Jones Daughter Evelyn V. Jones Daughter Jonathan M. Jones Son 14. The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Names Relationship Mark L. Jones Husband Autumn M. Jones Daughter Evelyn V. Jones Daughter Jonathan M. Jones Son 15. Plaintiff does not know of a person or a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: none. WHEREFORE, Plaintiff requests your Honorable Court to grant him primary physical custody of the child and give Defendant partial custody at such times as the parties agree. COUNT III - ADULTERY 9. Plaintiff hereby incorporates by reference paragraphs 1 through 16. 10. The Defendant has engaged in adulterous conduct with Nat Sheffer during the marriage, entitling husband to a divorce on the grounds of adultery. WHEREFORE, Plaintiff prays your Honorable Court to enter a decree in divorce. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: November Z a , 2006 ?U v Michael A. Scherer, Esquire I. D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff mas\DomesticW ones\divorce.com p MARK L. JONES, Plaintiff V. ROBIN S. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5817 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: November, 2006 lew a ? - Mark P Jones i MARK L. JONES, Plaintiff V. ROBIN S. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5817 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on November A I , 2006, I, Andrea M. Barrick, Secretary of O'Brien, Baric & Scherer, did serve a copy of the Amended Divorce Complaint via U.S.P.S. 1s' Class mail to the parties listed below, as follows: Gary L. Kelley 119 North Front Street, Suite B Harrisburg, Pennsylvania 17102-3318 F Andrea M. Barrick SHERIFF'S RETURN - REGULAR CASE NO: 2006-05718 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JONES MARK L VS JONES ROBIN S RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon JONES ROBIN S the DEFENDANT , at 1411:00 HOURS, on the 29th day of September, 2006 at 2110 DOUGLAS DRIVE CARLISLE, PA 17013 by handing to ROBIN JONES a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.4 Postage .39 9 Surcharge 10.00 R. Thomas Kline .00 32.79 10/03/200" /o/i0/04 C/ ? OBRIEN BARIC Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. MARK L. JONES, Plaintiff V. ROBIN S. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5718 CIVIL ACTION - CUSTODY PETITION FOR EMERGENCY RELIEF AND EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND NOW, comes the Defendant, Robin S. Jones, by and through her attorney, Gary L. Kelley, and files this Petition For Emergency Relief and Exclusive Possession Of The Marital Residence, and in support thereof, respectfully avers as follows: 1. Plaintiff is Mark L. Jones who resides at 2110 Douglas Drive, Carlisle, Pennsylvania 17013. 2. Defendant is Robin S. Jones who resides at 2110 Douglas Drive, Carlisle, Pennsylvania 17013. 3. Plaintiff seeks primary custody of the following children: Name Present residence Age Autumn M. Jones 2110 Douglas Drive DOB 10/26/99 Evelyn V. Jones Carlisle, PA DOB 3/14/02 Jonathan M. Jones DOB 5/13/03 The children were born of the marriage. 4. The parties are husband and wife having been married on October 25, 1997 in Carlisle, Pennsylvania. 5. The parties are presently separated but continue to share the same residence. 6. Husband filed a divorce complaint on or about September 29, 2006 and subsequently served the wife.. 7. Plaintiff initially moved out of the marital residence and resided with his mother for approximately one week. 8. Thereafter, despite having another residence in which to reside, Plaintiff returned to the marital residence. 9. Since that time, Plaintiff has refused to work and contributed little or nothing to the finances of the household and Defendant has been responsible for paying all of the household bills while Plaintiff attempts to increase the parties' debt load by using credit cards for all purchases, including meals at fastfood restaurants. 10. Since that time, Plaintiff has subjected Defendant to a continuing course of conduct designed to force her to leave the marital residence and/or alienate the minor children from her. 11. Plaintiff consistently follows Defendant in public places and has his family members or friends follow her as well. 12. Plaintiffs conduct is unnerving to Defendant and causes her to fear for her safety given Plaintiffs history of psychological instability. 13. Plaintiff refers to Defendant as a "whore" and other derogatory terms in the presence of the minor children and consistently argues with her and belittles her in the presence of the children. 14. Plaintiff informs the children regarding "adult information" and keeps them informed regarding differing aspects of the pending divorce action. 15. While in the presence of the children, Plaintiff has repeatedly accused Defendant of having an ongoing affair. 16. Plaintiffs conduct serves no useful purpose and is designed to alienate the children from their mother. 17. Plaintiff has been hiding and withholding important mail from Defendant and has had important billing information and other documents redirected from her mailing address. 18. Plaintiff, his mother, and his brother, have confronted the Defendant in the presence of the minor children at various times regarding the divorce. 16. More recently, their conduct has escalated to such a level that Defendant was forced to retreat to a bedroom in the home in an effort to the hostile and belittling actions of the parties. 17. When Defendant attempted to leave the residence, the aforementioned parties prevented her from leaving the room in which she was staying. 18. Although Plaintiff accuses Defendant of having an ongoing affair, Plaintiff has engaged in a course of conduct which would lead one to conclude that he is having an affair. 19. More recently, Plaintiff leaves the marital residence early in the evening and stays out nearly the entire evening only returning immediately prior to Defendant leaving for work. 20. During this same period, Plaintiff has begun consuming excessive amounts of alcohol. 21. Plaintiff is thought to be clinically depressed and he refusing to take his anti- depressant medication. 22. Plaintiff has been hiding and withholding important mail from Defendant and has had important billing information and other documents redirected from her mailing address. 23. Plaintiff has undertaken a "My Space" cyber account which may be viewed by anyone wherein he posts pictures of himself and engages in dialog with single women via instant messaging and email. 24. On his biography on "My Space," Plaintiff lists his marital status as divorced. 25. On his "My Space" account, it is believed that Plaintiff has encouraged others to undertake inappropriate actions against Defendant's alleged paramour. 26. Plaintiff has also posted other private information on the account and has received messages from other users wherein the individual inquired "Dya [sic] get rid of her boyfriend yet?" 27. Plaintiffs reckless conduct has elevated to a level that is affecting Defendant and children. 28. Plaintiff has been engaged in an ongoing attempt to have Defendant terminated from her employment by filing ethics complaints with her employer. 29. Plaintiffs ongoing conduct has placed Defendant's employment in jeopardy and is imperiling the parties' financial status as Defendant is the only wage-earner. 30. Plaintiff has demonstrated that he has another residence in which to reside. 31. Without the intervention of this Honorable Court, the minor children will continue to be exposed to Plaintiffs erratic conduct and will suffer irreparable psychological harm. WHEREFORE, based upon all of the foregoing, Defendant respectfully requests that she be awarded primary custody of the minor children and exclusive possession of the marital residence. Respectfully submitted, Ga(y L. K-e ley ID 6801 1119 Front Stre S to B Harrisburg, PA 17101 (717) 238-1484 Attorney for Defendant MARK L. JONES, Plaintiff V. ROBIN S. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5718 CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, GARY L. KELLEY, Esquire, attorney for PLAINTIFF in the above-captioned matter, do hereby certify that I served a true and correct copy of Defendant's Petition For Emergency Relief and Exclusive Possession of the Marital Residence on counsel for Plaintiff on the 23rd day of February, 2007 by First Class US Mail, postage prepaid, addressed as follows: Michael A. Scherer 19 West South Street Carlisle, PA 17013 By: GA Y . KELLEY, (?uire I.D. 6801 i 119 North Front Street, Suite B Harrisburg, PA 17102 (717) 238-1484 Attorney for Defendant VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: C FEB $ 7 2007, jo, / MARK L. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-5718 ROBIN S. JONES, CIVIL ACTION - CUSTODY Defendant . ORDER AND NOW, this 28' day of February, 2007, upon consideration of Defendant's Petition For Emergency Relief And Exclusive Possession Of The Marital Residence, a Rule is hereby issued upon Plaintiff to show cause, if any there be, as to why the relief requested in Defendant's Peition should not be granted. Rule returnable 2-0 days after service upon Plaintiff s counsel. BY THE COURT: JUDGE X?? P" ;`vs ; vAA MARK L. JONES, V. ROBIN S. JONES, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 5718 NO. 2006 --sew- CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ANSWER TO PETITION FOR EMERGENCY RELIEF REQUESTING EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND NOW, comes the plaintiff, Mark L. Jones, by and through his attorney, Michael A. Scherer, Esquire, and respectfully answers the Petition for Exclusive Possession as follows: 1-6. Admitted. 7. Denied. On September 23, 2006 at approximately 1:30 a.m., Defendant was caught in a compromising position with an adult male, Nathaniel Sheffer, in the living room of the parties' home while husband was at work. Thereafter, Husband stayed with his mother for approximately one week and his absence from the marital residence was designed to impress upon Plaintiff his dissatisfaction with her conduct. 8. Denied that Plaintiff has another residence in which to reside. Plaintiff stayed with family members on a temporary basis and he is not able to reside there on a permanent basis. 9. The parties agreed that Husband would stay home with the children during through the week and would work on the weekends. Father has worked every weekend for a long time and he has contributed his paychecks toward the household expenses on a regular basis. Plaintiff has not sought to increase the parties' debt. 10. Denied. Plaintiff has continued to try to determine what the problems are in his relationship with Defendant in an effort to preserve the marriage. Defendant has withdrawn herself from the prior family routine and refuses to work with Husband on the marital issues. 11. Denied. By chance, Plaintiff encountered Defendant and her boyfriend, Nathaniel Sheffer, on November 22, 2006 at Target. Plaintiff was with the children at the time and when he witnessed Defendant and Mr. Sheffer embracing and kissing passionately, he left for fear that the children would observe this behavior. Unfortunately, the children did observe this behavior and did not understand it. 12. Denied that Plaintiff has any history of psychological instability and his conduct should in no way unnerve Defendant. 13. Plaintiff has never belittled Defendant in front of the children and has never called her a whore. In an argument in October, he did refer to Defendant as a "tramp." 14. Admitted. Children have repeatedly asked Plaintiff why their mother is not spending time with them and is absent from the marital residence frequently. Plaintiff explained to the children that Defendant no longer loves him and that the parties would be getting a divorce, but that both parents still loved the children and always would. 15. Denied. However, to the extent the children overhear Plaintiff attempting to understand Defendant's mental status and outlook, the children may have overheard an accusation that Defendant is having an ongoing affair. 16. Denied. All Plaintiff wants is for the marriage to be reconciled, the boyfriend to go away, and for the parties to be happy. Plaintiff has no desire to see the children alienated from their mother. 17. Denied. Mother established her own P.O. box despite always having received mail at the marital residence and this would probably explain any confusion in Defendant not receiving her mail. 18. Denied. As previously mentioned, Plaintiffs brother and mother did confront Defendant when she was caught in the act of a passionate experience in the parties' living room, but aside from that, Plaintiffs brother and mother do not confront Defendant. 16. (Numbering error) Denied. Plaintiff has never put Defendant in fear for her safety. 17. (Numbering error) Denied. Plaintiff has never impeded Defendant's movements. The North Middleton Police were involved the occasion Defendant refers to and no charges were filed. Defendant has free access to the marital residence and free movements wherever she pleases to go. 18. (Numbering error) Denied. Strict proof is demanded at the time of the hearing. 19. Admitted. Plaintiff has gone out for a Coke with his friend, Justin, and Justin's wife simply to keep his sanity. 20. Denied. Plaintiff has consumed alcohol on one or two occasions during the parties' marital problems, but never in excessive amounts. 21. Denied. Strict proof is demanded at the time of the hearing. Furthermore, Plaintiff always takes his medication as required. 22. Denied. Strict proof is demanded at the time of the hearing. 23. Admitted in part and denied in part. Admitted that Plaintiff has a My Space page. Denied that he instant messages single women. However, Plaintiff does instant message his friends. 24. Admitted. "Divorce" seemed like the best description of Plaintiffs situation. There was not a "separated" option on the My Space page. 25. Denied. Strict proof is demanded at the time of the hearing. 26. Denied. Strict proof is demanded at the time of the hearing. 27. Denied that Plaintiffs conduct is affecting the children. On the contrary, Defendant's conduct is negatively affecting the children. 28. Denied. Plaintiff would like Defendant to remain employed because her income is essential to the operation of the family budget. 29. Denied. Plaintiff does not know the status of Defendant's employment and whether or not it is in jeopardy. 30. Denied. Staying with a family member(s) for several nights in a row does not constitute having another residence. 31. Admitted in part and denied in part. It is admitted that the children are suffering as a result of the situation of the parties. However, Defendant is responsible for the present set of circumstances and she should be removed from the marital residence because of the choices she has made regarding entering a new relationship. NEW MATTER 32. On November 30, 2006, undersigned counsel wrote to Defendant's attorney and explained that Mother's new relationship, and her absence from the marital residence and withdrawal from family life when she is present in the marital residence was creating undue stress and turmoil in the household and that undersigned counsel believes that Mother should vacate the marital residence to pursue her new relationship. 33. Defendant refused to vacate the marital residence and the situation has only gotten worse. 34. The children are now in counseling with Linda Strayer at the Christian Counseling Service in Carlisle and her opinion is that the children should not be separated from their father and that exclusive possession of the marital residence should be awarded to Father. WHEREFORE, Plaintiff prays your Honorable Court to enter an Order awarding exclusive possession of the marital residence to Plaintiff. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: March Z° , 2007 ;?Ilklf6? Michael A. Scherer, Esquire I . D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attomey for Plaintiff mas%DomesticUones\emergencyretief.ans MARK L. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 5817 CIVIL TERM ROBIN S. JONES, CIVIL ACTION-LAW Defendant IN DIVORCE VERIFICATION I verify that the statements made in this Answer to Petition for Emergency Relief Requesting Exclusive Possession of the Marital Residence are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: March I I , 2007 rk L. Jon s MARK L. JONES, Plaintiff V. ROBIN S. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5817 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on March, 2007, I, Andrea M. Barrick, Secretary, of O'Brien, Baric & Scherer, did serve a copy of the Answer to Petition for Emergency Relief Requesting Exclusive Possession of the Marital Residence via U.S. 1s' Class mail to the party listed below, as follows: Gary L. Kelley 119 North Front Street, Suite B Harrisburg, Pennsylvania 17102-3318 k\ A hf Andrea M. Barrick, Secretary fn.- IF. ' ` MARK L. JONES, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 06-5718 CIVIL ROBIN S. JONES, Respondent IN DIVORCE IN RE: PETITION FOR EXCLUSIVE POSSESSION ORDER AND NOW, this z.",P day of March, 2007, hearing in the above-captioned matter is set for Friday, June 8, 2007, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Xichael Scherer, Esquire For the Plaintiff ary Kelley, Esquire For the Defendant J :rlm BY THE COURT, e'1.%t a?.?1\"? ??" `f " Y.. lt??t? ,'????C ?s??,..,' ?,Q?? '?? ?? ?? MARK L. JONES, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW 06-5718 CIVIL ROBIN S. JONES, Respondent IN DIVORCE IN RE: PETITION FOR EXCLUSIVE POSSESSION ORDER AND NOW, this day of June, 2007, following conference with counsel in Chambers, on request of the petitioner, the within petition for exclusive possession is WITHDRAWN. BY THE COURT, A. Hess, J. ichael Scherer, Esquire For the Plaintiff ent Patterson, Esquire For the Defendant J :rlm AF I • I I idt S- P"Flll' L 0 0 Z MARK L. JONES, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006 - 5718 CIVIL TERM ROBIN S. JONES, : CIVIL ACTION-LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2007, upon consideration of the within Petition For Contempt a hearing is set in this matter for , the day of , 2007 at a.m./p.m. in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Kevin A. Hess, J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Kent H. Patterson, Esquire 221 Pine Street Harrisburg, Pennsylvania 17101 MARK L. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 5718 CIVIL TERM ROBIN S. JONES, : CIVIL ACTION-LAW Defendant IN CUSTODY PETITION FOR CONTEMPT AND NOW, comes the Plaintiff, Mark L. Jones, by and through his attorney, Michael A. Scherer, Esquire and respectfully represents as follows: 1. Mark L. Jones (hereinafter "Father") is an adult individual who resides at 2110 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. 2. Robin S. Jones (hereinafter "Mother") is an adult individual who resides at an unknown location and is represented by Kent H. Patterson, Esquire. 3. The parties are the parents of three children: Autumn M. Jones, born October 26, 1999 Evelyn V. Jones, born March 14, 2002 Jonathan M. Jones, born May 13, 2003 4. Father works an overnight shift on Friday evening and Saturday evening each week and upon his return home from work on Sunday morning, July 15, 2007, Mother and children were gone from the marital residence. 5. Mother gave Father no advance notice of her departure with the children and Father does not know where Mother is residing. 6. Undersigned counsel has spoken to Mother's attorney, Kent H. Patterson, Esquire, and has explained that Father has shared physical custody by virtue of the custody order and that expects to have an equal number of overnights with the children and to provide the children daycare each weekday while Mother is at work as had been the custom for the last several years. 7. Attorney Patterson's reply was that Mother would agree to give Father "one overnight per week to start" and that Mother may agree to expand the custody at some later time. 8. Mother's departure from the marital residence without notice was improper and her actions in withholding the children from Father and her statement that she would give Father one overnight per week is in violation of the custody order. 9. Attorney Patterson was to contact undersigned counsel if Mother changed her position, however, undersigned counsel has not heard from Attorney Patterson at this point. 10. This Petition is being facsimiled to Attorney Patterson simultaneous to filing it. WHEREFORE, Father respectfully requests that this Honorable Court Order that each parent shall have an equal number of overnights with the children during each two week segment of time and father shall provide daycare for the children while Mother is at work. Respectfully submitted, O'BRIEN, BARIC & SCHERER r Mi ae A. cherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/Jones/contempt.pet VERIFICATION The statements in the foregoing Petition For Contempt are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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 falsifications to authorities. DATE: ©r Ma L. Jones CERTIFICATE OF SERVICE 1 hereby certify that on July 18, 2007, I, Andrea M. Barrick, secretary to Michael A. Scherer, Esquire, did serve a copy of the Petition For Contempt, via facsimile as follows: (717) 233-6280 Kent H. Patterson, Esquire 221 Pine Street Harrisburg, Pennsylvania 17101 Andrea M. Barrick t > ;~') `_ V -- ,, ; S1 \ IQQ - -} a3 • r PETITION FOR SPECIAL INTERIM RELIEF AND NOW comes Petitioner/Defendant, Robin S. Jones, by her MARK L. JONES, V. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5718 CIVIL TERM CIVIL ACTION - CUSTODY ROBIN S. JONES, Defendant attorney, Kent H. Patterson, and files this petition for special interim relief pursuant to Pa.R.C.P. 1915.13, as follows: 1. Petitioner/Defendant is Robin S. Jones, (hereinafter referred to as "Mother") who currently resides at 341 Greason Road, West Pennsboro Township, Cumberland County, Pennsylvania (Carlisle, PA 17015). 2. Respondent/Plaintiff is Mark L. Jones, (hereinafter referred to as "Father") who currently resides at 2110 Douglas Drive, North Middleton Township, Cumberland County, Pennsylvania (Carlisle, PA 17013). 3. The parties are the parents of the Autumn M. Jones, born October 26, 1999, age 7 ("Autumn"); Evelyn V. Jones, born March 14, 2002, age 5 ("Evelyn"); Jonathan M. Jones, born May 13, 2003, age 4 ("Jonathan"). -1- 4. The parties are husband and wife but there is a divorce action pending which was filed by Father on September 29, 2006 in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to the number referred to in the caption above. 5. Mother and Father had been living in the same house since the filing of the divorce complaint by Father on September 29, 2006 but Mother established separate residence with the children on July 14, 2007. 6. Mother has filed a petition for modification of the November 9, 2006 order. Attached to this petition is a copy of the petition for modification which is marked Exhibit 1 and which contains Exhibit A (custody order dated November 9, 2006). 7. Mother left the former marital residence because the arrangements of living in the same house as Father who would not leave had become untenable. Mother requests that an interim temporary order be issued granting her primary physical custody of the minor children, for the following reasons: A. Father, both before and after filing the divorce complaint on September 29, 2006, has threatened to take the children from Mother and keep the children from Mother. -2- B. Father is unable to provide care during the evenings or nights since he either works evenings and nights or is absent from the house from early evening through late night/early the next morning when he is at undisclosed locations. C. Mother has been the primary caregiver for the children. D. Mother will attempt to make arrangements with Father to have times of partial physical custody when he is able to do so. WHEREFORE, Defendant/Petitioner requests your Honorable Court to issue a temporary interim order as set forth in this petition. Kent H. Patterson Attorney for Defendant/Petitioner 221 Pine Street Harrisburg, PA 17101 717) 238-4100 -3- VERIFICATION I, Robin S. Jones, verify that the statements in the foregoing petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. o Robin 9( /.Jones Date: 9-/6 '6 MARK L. JONES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-5718 CIVIL TERM ROBIN S. JONES, Defendant CIVIL ACTION - CUSTODY ORDER OF COURT You, Mark L. Jones and Robin S. Jones, are directed to appear in person before the Custody Conciliator, at on , 2007 at .m., 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-6200 (717) 240-6200 Page 1 of 2 Ed b i? I AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about assessable 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. FOR THE COURT: Date: By: Custody Conciliator Page 2 of 2 MARK L. JONES, V. Plaintiff ROBIN S. JONES, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5718 CIVIL TERM CIVIL ACTION - CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes Petitioner/Defendant, Robin S. Jones, by her attorney, Kent H. Patterson, and files this petition for modification of custody order, based on the following: 1. Petitioner/Defendant is Robin S. Jones, (hereinafter referred to as "Mother") who currently resides at 341 Greason Road, West Pennsboro Township, Cumberland County, Pennsylvania (Carlisle, PA 17015). 2. Respondent/Plaintiff is Mark L. Jones, (hereinafter referred to as "Father") who currently resides at 2110 Douglas Drive, North Middleton Township, Cumberland County, Pennsylvania (Carlisle, PA 17013). 3. The parties are the parents of the following children: Autumn M. Jones, born October 26, 1999, age 7("Autumn") Evelyn V. Jones, born March 14, 2002, age 5("Evelyn") Jonathan M. Jones, born May 13, 2003, age 4("Jonathan") -1- 4. The parties are husband and wife but there is a divorce action pending which was filed by Father on September 29, 2006 in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to the number referred to in the caption above. 5. Mother seeks modification of the current custody order entered by the court dated November 9, 2006, a copy of which is attached to this petition and marked exhibit A. The current custody order was entered pursuant to an agreement of the parties which provided for Mother and Father to have shared legal custody and to have shared physical custody as agreed between them. 6. Mother and Father had been living in the same house since the filing of the divorce complaint by Father on September 29, 2006 but Mother established separate residence with the children on July 14, 2007. 7. During the past five years the children have primarily resided with following persons at the following addresses: Persons Address Date Robin S. Jones 625 Mill Race Ct. 1999 - August 2005 Mark L. Jones Carlisle, PA Robin S. Jones Mark L. Jones 2110 Douglas Drive Carlisle, PA 17013 August 2005 - July 13, 2007 Robin S. Jones 341 Greason Road Carlisle, PA 17015 July 14, 2007 - Present -2- 8. Mother currently resides with the following persons: None except children 9. Father currently resides with the following persons: Unknown 10. Except for the within action, Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Except for the within action, Mother has no information of a custody proceeding pending in a court of this commonwealth. Mother does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. 11. Mother requests that the current custody order be modified to provide that Mother shall have primary physical custody of the children. 12'. Mother has been the primary care giver for the children throughout their lives and is the parent who is best able to provide a stable living environment for them. 13. The best interests and permanent welfare of the children will be served by granting the relief requested. -3- WHEREFORE, Defendant/Petitioner requests your Honorable Court to issue an order for custody as set forth in this petition. Kent H. Patterson Attorney for Defendant/Petitioner 221 Pine Street Harrisburg, PA 17101 717) 238-4100 -4- VERIFICATION I, Robin S. Jones, verify that the statements in the foregoing petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. A Robin Viones Date: 9 -/6 -0,2. NOV a 8 2oosaV MARK L. JONES, Plaintiff V. ROBIN S. JONES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-5718 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 9&- day of ?)t)-J tw&s, , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Mark L. Jones and the Mother, Robin S. Jones, shall have shared legal custody of Autumn M. Jones, born October 26, 1999; Evelyn V. Jones, born March 14, 2002 and Jonathan M. Jones, born May 13, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parents shall have shared physical custody as agreed. 3. This Order is entered pursuant to an agreement of the parties at 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. BY THE COURT, J. cc: Michael A. Scherer, Esquire, Counsel for Father Gary L. Kelley, Esquire, Counsel for Mother PL MARK L. JONES, Plaintiff V. ROBIN S. JONES, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-5718 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I . The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Autumn M. Jones October 26, 1999 shared Evelyn V. Jones March 14, 2002 shared Jonathan M. Jones May 13, 2003 shared 2. A Conciliation Conference was held in this matter on November 7, 2006, with the following in attendance: The Father, Mark L. Jones, with his counsel, Michael A Scherer, Esquire, and the Mother, Robin S. Jones, with her counsel, Gary L. Kelley, Esquire. 3. The parties agreed to an Order in the form as attached. 0? Date acq line M. Verney, Esquire Custody Conciliator n.-l ?-7 S n f"f ••G MARK L. JONES, V. Plaintiff ROBIN S. JONES, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5718 CIVIL TERM CIVIL ACTION - CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes Petitioner/Defendant, Robin S. Jones, by her attorney, Kent H. Patterson, and files this petition for modification of custody order, based on the following: 1. Petitioner/Defendant is Robin S. Jones, (hereinafter referred to as "Mother") who currently resides at 341 Greason Road, West Pennsboro Township, Cumberland County, Pennsylvania (Carlisle, PA 17015). 2. Respondent/Plaintiff is Mark L. Jones, (hereinafter referred to as "Father") who currently resides at 2110 Douglas Drive, North Middleton Township, Cumberland County, Pennsylvania (Carlisle, PA 17013). 3. The parties are the parents of the following children: Autumn M. Jones, born October 26, 1999, age 7("Autumn") Evelyn V. Jones, born March 14, 2002, age 5("Evelyn") Jonathan M. Jones, born May 13, 2003, age 4("Jonathan") -1- 4. The parties are husband and wife but there is a divorce action pending which was filed by Father on September 29, 2006 in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to the number referred to in the caption above. 5. Mother seeks modification of the current custody order entered by the court dated November 9, 2006, a copy of which is attached to this petition and marked exhibit A. The current custody order was entered pursuant to an agreement of the parties which provided for Mother and Father to have shared legal custody and to have shared physical custody as agreed between them. 6. Mother and Father had been living in the same house since the filing of the divorce complaint by Father on September 29, 2006 but Mother established separate residence with the children on July 14, 2007. 7. During the past five years the children have primarily resided with following persons at the following addresses: Persons Address Date Robin S. Jones 625 Mill Race Ct. 1999 - August 2005 Mark L. Jones Carlisle, PA Robin S. Jones Mark L. Jones 2110 Douglas Drive Carlisle, PA 17013 August 2005 - July 13, 2007 Robin S. Jones 341 Greason Road Carlisle, PA 17015 July 14, 2007 - Present -2- 8. Mother currently resides with the following persons: None except children 9. Father currently resides with the following persons: Unknown 10. Except for the within action, Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Except for the within action, Mother has no information of a custody proceeding pending in a court of this commonwealth. Mother does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. ll. Mother requests that the current custody order be modified to provide that Mother shall have primary physical custody of the children. 12. Mother has been the primary care giver for the children throughout their lives and is the parent who is best able to provide a stable living environment for them. 13. The best interests and permanent welfare of the children will be served by granting the relief requested. -3- WHEREFORE, Defendant/Petitioner requests your Honorable Court to issue an order for custody as set forth in this petition. 741? -?-r? Kent H. Patterson Attorney for Defendant/Petitioner 221 Pine Street Harrisburg, PA 17101 717) 238-4100 -4- .r VERIFICATION I, Robin S. Jones, verify that the statements in the foregoing petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. f 4-- tn? A&CIL ' Robin Jones Date: 9 -16 -??- tr NOV 0 8 20D60Y MARK L. JONES, Plaintiff V. ROBIN S. JONES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-5718 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this _ 9& _ day of ?04 fe_n?)e_j& , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Mark L. Jones and the Mother, Robin S. Jones, shall have shared legal custody of Autumn M. Jones, born October 26, 1999; Evelyn V. Jones, born March 14, 2002 and Jonathan M. Jones, bom May 13, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parents shall have shared physical custody as agreed. 3. This Order is entered pursuant to an agreement of the parties at 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. _?(o t 9 1 T BY THE J. cc: Michael A. Scherer, Esquire, Counsel for Father Gary L. Kelley, Esquire, Counsel for Mother [1 M A A _ w J ., ` ' rr MARK L. JONES, Plaintiff V. ROBIN S. JONES, Defendant PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5718 CIVIL ACTION - LAW IN CUSTODY 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Autumn M. Jones Evelyn V. Jones Jonathan M. Jones October 26, 1999 March'14, 2002 May 13, 2003 shared shared shared 2. A Conciliation Conference was held in this matter on November 7, 2006, with the following in attendance: The Father, Mark L. Jones, with his counsel, Michael A Scherer, Esquire, and the Mother, Robin S. Jones, with her counsel, Gary L. Kelley, Esquire. 3. The parties agreed to an Order in the form as attached. I(- 0? f Date acq line M. Verney, Esquire Custody Conciliator Cr, V c-? fw..q GJ c.n O -ri T_ T71 x? MARK L. JONES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBIN S. JONES DEFENDANT 06-5718 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, July 23, 2007 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 16, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ jacqueWhe M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? ?? °rJ? t'. ?? ?.:4 1? ii G.. Ci ?fi Ca- 5r-4 <67-- -S'Z,- 4 4a I szf71-e/ _, ? iii MARK L. JONES, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW 06-5718 CIVIL ROBIN S. JONES, Respondent IN DIVORCE IN RE: PETITION FOR CONTEMPT AND MOTION FOR TEMPORARY ORDER ORDER AND NOW, this referred to conciliation. /b * day of August, 2007, it is ordered that these matters are BY THE COURT, Michael Scherer, Esquire For the Plaintiff Kent Patterson, Esquire For the Defendant rlm ??? 6C :01 I I VI S0V 1002 ?V1 iv i. _ ; -Ii-li AUG 2 0 2007#? MARK L. JONES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-5718 CIVIL ACTION - LAW ROBIN S. JONES, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this al4t day of 2007, upon consideration of the attached Custody Concilia n Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ?, of the Cumberland County Court House, on the 676 W" day of LTdt7-&tA, , 2007, at Q '(30 o'clock, f . M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The prior Order of Court dated November 9, 2006 is hereby vacated. Mother's Motion for Temporary Order is denied. Father's Petition for Contempt shall be heard at the scheduled hearing. 3. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 4. The Father, Mark L. Jones and the Mother, Robin S. Jones, shall have shared legal custody of Autumn M. Jones, born October 26, 1999; Evelyn V. Jones, born March 14, 2002 and Jonathan M. Jones, born May 13, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The children shall attend Crestview Elementary School. The children shall continue to attend counseling with Linda Strayer. 5. The parties shall share physical custody of the children on the following schedule: A. Beginning Sunday, August 19, 2007, Father shall have physical custody of the children during week one from Sunday at 9:00 a.m. to Wednesday at 6:00 p.m. During week two Father shall have physical custody of the children from Sunday at 9:00 a.m. to Thursday at 6:00 p.m. Father's physical custody shall thereafter alternate on this schedule. Once school starts, the transfer time shall be modified as agreed by the parties to accommodate the children's school schedule B. Father shall also provide day care for the children on Thursdays and Fridays of week one and Fridays on week two, from 9:00 a.m. to 6:00 p.m. C. Mother shall have physical custody of the children at all other times, except for major holidays which shall be shared as agreed by the parties. 6. Transportation shall be shared such that the parties will exchange custody at the Walmart in Carlisle. 7. The parties shall cooperate with family counseling. 8. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Kevin A. Mess, J. cczent H. Paterson, Esquire, counsel for Mothef .Xichael A. Scherer, Esquire, counsel for Father 4 MARK L. JONES, Plaintiff V. ROBIN S. JONES, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-5718 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Autumn M. Jones October 26, 1999 Mother Evelyn V. Jones March 14, 2002 Mother Jonathan M. Jones May 13, 2003 Mother 2. A Conciliation Conference was held August 16, 2007 with the following individuals in attendance: The Mother, Robin S. Jones, with her counsel, Kent H. Patterson, Esquire, and the Father, Mark L. Jones, with his counsel, Michael A. Scherer, Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated November 9, 2006 providing for shared legal custody and shared physical custody as agreed by the parties. At that time both parties were still residing in the family home. Mother worked Monday through Friday and Father worked 12-hour shifts on Fridays and Saturdays. Father provided daycare during the week. As reported by the parties, on or about July 14, 2007 Mother moved out of the marital home and relocated the children to Big Spring School District. Since that time Father has not had shared physical custody. 4. Mother has filed a Motion for Temporary Order and a Petition for Modification. Father has filed a Petition for Contempt. The Petition for Modification was referred to Conciliation previously. The Honorable Kevin A Hess entered an Order of Court dated August 16, 2007 referring the Motion for Temporary Order and Petition for Contempt to Conciliation. e IlL r? 5. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody. Mother believes that Father should have a phased-in overnight. schedule asserting that he did not care for the children overnight, only during the day. She maintains that when Mother would arrive home from work, Father would leave the residence and return after the children were asleep for the night, sometimes not until 3:00 a.m. Mother has enrolled the children in daycare and believes the structure has benefited the children, claiming that Father had no structure for the children when he cared for them while Mother was at work. Mother believes Father needs parenting classes Mother has enrolled the two oldest children in Big Springs School District, the location of her new residence. However, prior to Mother relocating, the parties enrolled the middle child in Crestview (Carlisle School District) upon agreement and were waiting to transfer the oldest child's school records from St. Patrick's to Crestview when Mother moved out of the marital home. Mother enrolled the children in daycare and Big Springs School District without consulting with Father. Mother believes the children should attend Big Springs School District. Mother disagrees with the children attending counseling asserting that Father selected the counselor without consulting with her. 6. Father's position on custody is as follows: Father seeks shared legal custody and shared physical custody, maintaining the prior Order of Court. Father suggests Mother would have physical custody of the children every weekend from Friday to Sunday, except that he would like to have the children on Sunday mornings to take them to church. Father objects to Mother enrolling the children in Big Springs School District, requesting that they attend Crestview as previously agreed upon. Father enrolled the children in counseling and maintains that Mother was aware of their counseling, but refused to take them to their appointments. Father maintains that he is an appropriate caregiver for the children, including having overnights. He claims he only removed himself from the marital home in the evenings to avoid conflict with Mother in front of the children. Father asserts that Mother is in contempt of the prior Order of Court in that she relocated the children without his consent, failed to offer shared physical custody of the children to him and enrolled the two oldest children in Big Springs School District and having their school records transferred without consulting with him or without his agreement. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing on Mother's Petition for Modification and Father's Petition for Contempt. It is further recommended that a Temporary Order of Court be entered providing for shared legal and physical custody with Father having physical custody during the first week from Sunday to Wednesday and for the second week Sunday to Thursday. It is further recommended that the children attend Crestview Elementary school. It is expected that the Hearing will require one day. Date acqu ' e M. Verney, Esquire Custody Conciliator MARK L. JONES, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5718 CIVIL TERM ROBIN S. JONES, ~ Q Defendant IN DIVORCE ~ `- Z~~r ~, 4 _ PLAINTIFF'S AFFIDAVIT OF CONSENT AND K `~' i.,~ ,~ `~' WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY' s~ , ,; DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE ~O D~' 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on September 29, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 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 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. 6. I have been advised of the availability of marriage counseling and understand. that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. rk L. nes IN THE COURT OF COMMON PLEAS OF MARK L. JONES :CUMBERLAND COUNTY, PENNSYLVANIA V. ROBIN S. JONES 2006-5718 NO. DIVORCE DECREE AND NOW, Q~ 2 Z zo ~ ° , it is ordered and decreed that MARK L. JONES plaintiff, and ROBIN S. JONES ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Parties marital Settlement Agreement dated June 17, 2010 is incorporated but not merged herein as a final order of court. By the Court, 7 - as - /v ~ld~ ,~c~z~' ~ any ~~