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HomeMy WebLinkAbout94-04354 I ,-.._-,- I....... I '.i -.. l') 'l . 1 t t 1/1 7 , I J Ji ..---- J , € I ~ i J -::J- j l() I ('l) I :r . o Z ~-~~~~~~---~-~~--~~~):.~~~,:~.,~~~~~ ~ ~--- ---- ----~--- - " ~ w " ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .. PENNA. e e e " " e e e I' I ,...HAay, T",D~l'ALHA, Plaintit'f N (). ,9.4"'43,5,4,... .C,I.YlL,. 19 ~ .... Vl'I'HIlH ~ '.' JAMES iJ.DI!PALHA, , , , , , " " ! ," ~ e Dl!fendant ;1 ," 8 8 DECREE IN DIVORCE ,', ~ ii!J ~ ,; ~ '.' AND NOW. ............ ./??~,0.", /o.~,. 19 ,9,~,... it is ordered and decreed that .,'.. .11~fY. ,1',. P,El~<;I;1J1\q , .. . . . . . . . . .. .. .... .. . . . .. plaintiff. and............., .o!!l.Il!E!I?, iI.'. ,1?!".P.<HI)l!l..,..,.,.",..,......... defendant. are divorced from the bonds of matrimony. " ~ ~ M ,.' ~ <:' ~ ~ ~.' 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; ~ ,.' t '.' . . . . . :r:J:lli!. .I1<!1;'~~.ql, , ;:;,e.1; t;J.eJl\~nt. ....gt'e.e.menl:. .cla te.d . FebJ:uar,y. .6,. .L995. .is .J:lli!F~,I:?Y , ~.n.C;9FP,qr<;l !:e,q , ~ ll,t,Q , tn.!.ll . Pf'!,c;J;'fi!P..ln. D,ivorc.e. , .. . . . . .. . , .. .. . " " i ~.' ~.. ~ ~ ,,' C,O '}f d.- Alle.t, .7(,?','4'I":( t' ,(J.:,.az~ /dk,...c-:J)" I-~ '~1t<-'!H ,F J9&: 'o<kI~,,7! ?~ / /Prot~otnry 8 ~ 8 .', * e 3 8 $ 8 8 ~ ~ 8 $ a " ,I .;; " e ~ 8 " ~ ~ ~~ ~ ;;; ~ w y S ,', ~ s w ',' * s ~ '.' * " " i ~.' ~ ~ ~ :1 ____ _ ' . ;...:. .:.:. .:.:. .:. i~ I~ J. "" I~ I',' I, ~;c; l::: ;:!- - ~ ,'. . '",-,"", " -'-"~._.-..~."-~'.'-~-"---'- ,- . ~*~**-~~~--~*~*~~~**~~. " , i 3/tt/fY ted ~tJ/j /HPYV 7J a?/. ~.J,(. 3/;4fs" 7f~L /I,:;;" ~ 4 /.i?.Jk" !' I , , ~ - I' .^ ,1,'.- " r :or: G- \11 ," ....' - ;"'" c~ : " " ,,; " N ... .. ~;. , ., ~ ' '. ,'fflmllla J' ('/J. ~fjrJff /,1 " ^TlOln.r, AT I AW ;~ ,- ""-" I' j '-,."'.1 ( , ,,1jq.,...,.'^""ru.....'. f'A I '011 ," ~. I / -, -,. 1.1(,1 . . .' l 0 J .. !: ~ '" ~ iD .. II! z ., Gi < tii J .. 1:; Z 0 Pi .. ~ < III ". I z , o % ". < ;:: .. '" % ~ N '" !!: '" ~ III , . THIS AGREEMENT made this /, TI, by and between James J. DePalma, "Husband,") and Mary T. DePalma, "Wife"), day of p;.Iu...." ,,' , 1995, (hereinafter referred to as (hereinafter referred to as MARRIAGE SETTLEMENT AGREEMENT WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on June 29, 1990; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, one child was born of this marriage, Vincent G. DePalma, born on December 24, 1990; and WHEREAS, Husband and Wife desire to settle and determine their rights, obligations, support and custody of the child; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the child of the parties at any time which might in any way influence the child adversely against the other party. : 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. 4. AUTOMOBILES The Wife is the owner of a 1990 Jetta. The rights and title to the vehicle is to remain with Wife. Wife shall maintain separate insurance on her vehicle and be responsible for any and all loan payments related thereto. The Husband is the owner of a 1986 Dodge Colt Vista. Husband shall maintain separate insurance on his vehicle and be responsible for any and all loan payments related thereto. 5. DIVISION OF REAL PROPERTY The real property previously owned by the parties has been sold. 6. MARITAL DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Wife agrees to be responsible for the debt on the 1990 Jetta. Husband agrees to be responsible for the debt on the 1986 Dodge Vista. There are no other joint debts. 7. SHARED CUSTODY The parties agree that they shall share of their child. This means that the parties shall each other regarding the major parenting decisions child's health, education and welfare, legal custody consult with affecting the Wife shall enjoy primary physical custody of the parties' minor child subject to the liberal, temporary physical custody and visitation of the Husband as the parties have heretofore and intend to agree. Neither party shall remove the child from the Commonwealth of Pennsylvania for any period in excess of thirty (30) consecutive days without sixty (60) days prior written notice to the other party, such notice to be given by certified mail, return receipt requested. Each of the parties acknowledges that the terms of this Agreement regarding custody and visitation may be modified by a court of competent jurisdiction upon the application or petition of either Husband or Wife due to a change of circumstances. 2 ." .. 8. JOINT FILING OF IRS RETURN Husband and Wife agree to file a joint tax return for tax year 1994 and separate tax returns all subsequent years thereafter. The parties shall divide equally between themselves the amount of any refund received as a result of such joint income tax filing and shall share equally the amount of any tax liability resulting therefrom. Each party shall promptly share with the other full, accurate and complete information as to their respective incomes and deductible expenses. 9 . DIVORCE The parties shall contemporaneously herewith execute Affidavits of Consent and shall cause those Affidavits to be filed with the Court in that certain Divorce Action which Wife has commenced in the Court of Common Pleas of Cumberland County and docketed to No. 94-4354. Wife's attorney, Thomas D. Gould, Esquire, is hereby instructed and directed to take all steps necessary to obtain a final Decree in Divorce under Section 3301 (cl of the Pennsylvania Divorce Code. 10. INCORPORATION INTO DIVORCE DECREE This agreement is to be incorporated into any subsequent Degree in Divorce but shall not be merged therein and, except as herein expressly provided, the terms of this Agreement shall not be modifiable by the Court for any reason. 11. CONTINUED COOPERATION Each party agrees to execute such assignments, titles, or other documents as may be reasonably necessary or desirable to put into full effect the terms of this Agreement and shall do so upon the reasonable request of the other party. Each of the parties expressly agrees to execute the joint tax return or returns for tax year 1994 as hereinabove provided and to cooperate in the endorsement of any refund check or checks that the parties may receive consistent with the terms hereof. 12. BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 3 .' 13. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party aCknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence, 14. WAIVER OF CLAIMS Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, alimony, alimony pendente lite, counsel fees and expenses, and right to claim equitable distribution of marital property. 15. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 16. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 17. PRIOR AGREEMENTS It is understood agreements which may have discussed prior to the date and void and of no affect. and agreed that any and all prior been made or executed or verbally and time of this agreement are null 18. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 4 .' ,. 19. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 20. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS ~ .,,~ it ess WHEREOF, the parties set their hands and :? - 2.;J -&; r Date ~"/J]). ~ Witness 2./6 /9S- Date ~H~/ r &~~ / ry T. DePalma Commonwealth of Pennsylvania: ss County of Cumberland PERSONALLY APPEARED BEFORE ME, thi~~ay of this r....trUdj.... , 1995, a notary publ i c, in and for the Commonweal th of Penns lvania, James J, DePalma, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~- ~~e~ Not ry P lic Noo..-.;IlIs.,,, ~ E, Ro.'ld1. fIl?lll!)' I'tbIc Myeom:~~.COl.rlly e.piusJan.l3, 1997 5 ,. .- Commonwealth of Pennsylvania: ss County of Cumberland 111 PERSONALLY APPEARED BEFORE ME, this ~ day of this .F.;d~Jln~, 1995, a notary public, in and for the Commonwealth of Pennsyl nia, Mary T. DePalma, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. ~~ '/J1 ~ Notary Public NotarIal Seal Leola M. Coals, ~ PlAlIc 5tiremon:;!awn Boro, CootiJrtancI ~ My Comrrission Elcpiros1'fri8. 1998 6 t. MARY T. DePALMA, . IN THE COURT OF COMMON PLBAS . PLAINTIFF I CUMBERLAHDCOUHTY, PEHHSYLVARIA I v. I NO. 94-4354 Civil I JAMES J. DePALMA, I IN DIVORCE DEFENDART. . . PRAECIPE TO TRANSMIT RECORD To the prothonotary: Please 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: August 11, 1994, by certified U.S. Mail on the Defendant 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff March 2, 1995; by defendant January 26, 1995. (b) ( 1) Date of execution of the plaintiff' s affidavit required by Section 3301(d) of the Divorce Code: N/A; (2) Date of service of the Plaintiff's affidavit upon the Defendant: N/A. 4, Related claims pending: None 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which notice is attached: N/A . -rh.." J ,,1 f).!::1,." t'...f Thomas D. Gould Attorney for Plaintiff \ \, .-'....~.. ". _...."""'~I>'I~ ........... HAR Z IZ 26 PH '95 i L ,."-OFFICE OF HIE l'i'OTHON~ T.l~l' CU/4BEPI.f.lif, C~;}Nrt Pf;NI,SYL.,IN'4 ..~----~-'\.' ! .. . .. " .,..'-=' l;l,~'~ ~ 1 , - ~ . "/ -r ~.". '''; , . iT ,I , '- ~-... "'I I " , .. " " , ~" ~ \ ~ ~.. .",. en . >->- ..r.,.... ;:. .~-l ~\~c:-_,:; .-: 2") c.J..~ ;1 T'1;::.l ..t .n -:J:r: ;u~ ':-f~: r-::> ~:; (,.) (", " "-l I"", "-.l ~ Ii) - '~ = "'- .... .... C"') '" ~ ':-J _) '-- .... => ... , ~ c :r- ~ In ~ .......... ~ ~ ::t- ~~ ,~ 'S- <:...>~ '" ~ g ~i it... < ~tJ :5 ~ Go iD ~ 0: Z ! . < t; ~ I ~~Z~M \,)1 Z - en r;- ~ a: ~ z ,.. ~ w ~ ;:: ... III W < !!: ~ ~ ~ '. .17uJlJmJ (/I. (,fi(m!,1 "Tt(:"',f,. A~ lAW , I M",'j: 1I.lt i ,. \ \'r. 1'1., l'lOII ,HII;rM^'j','L~ ~ ?/7 7.)1-1461 ,.. " - . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q4 ~ 435~CiVil 1994 MARY T. DePALLMA, PLAINTIFF JAMES J. DePALLMA, 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Court Administrator Cumberland County Courthouse Fourth Floor Hanover and High Streets Carlisle, PA 17013 (717) 697-0371 '. .. ,I . MARY T. DePALLMA, . IN THE COURT OF COMMON PLEAS . PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . . NO.Q4 - LldS9 Civil . v. . 1994 . . . JAMES J. DePALLMA, . IN DIVORCE . DEFENDANT. . . COMPLAINT UNDER SECTION 3301(0) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Mary T. DePallma, who resides at 1 Merino Lane, Mechanicsburg, Cumberland county, Pennsylvania, 17055. 2. The Defendant is James J. DePallma, who resides at 1 Merino Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. The plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The plaintiff and Defendant were married on June 29, 1990 in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction, 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the united States or any of its Allies. ,. ,._............~f '. 40.. .' 8. The Plaintiff has been advised of the availability of counseling and that plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. plaintiff requests the court to enter a decree of divorce. "1h V711M']). ~ Thomas D. Gould Attorney for Plaintiff 2 E. Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: 7'0 J... -q '-/ ~..-r:..!E p~ .... -" MARY T. DePALMA, IN THE COURT OF COMMON PLEAS PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 94-4354 Civil . JAMES J. DePALMA, . IN DIVORCE . DEFENDANT. . . AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 2, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. . ~"; 3. I consent to the entry of a Final Decree of Divorce. I understand that I may lose rights concerning alimony, 4. division of property, lawyer's fees or expenses, if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false sta~ements herein are DATED: /.-- -Z 6'-<')::::- _._..;.....,...,_~_~.f1~>u;...~:>:.;;O~.-.;.;;;.:.__._::.:~. =.~:...................."""!......~..~~~~t-<:~~..:i"~,~ ru N 2.., PK '95 ,'LUr OHIOE OF THE I'R01HON,1""Y CUMBERLAND COUNTY PENNSYLVANIA ~:~ .'", ,.'oc .. 1'N "''I ,..'" '~:~ tf .rrr -l! Hill -",.,.,-. ., i II << , ~ I I 1 , , ! \, .' .. . J . . 4 . " . ... , , -' . , , , ,- '- I ,:,:'> ~' \, , .. , ,.. I. . . c......,. item, . andlOf I fOf IddUIonaI wvlc... I al80 wish to receive the I' CompItt. It,m, 3. tnd .. · b, , . following ..,vle.. (for an eXlr. . ,"", YOUf ntmIlftd ....... on the flY"" of thi, 101m 10 Ihlt WI Cln 'ee): ttlYm thl, It.d to you. . AttKh IhI. 'CNm to 1M hont 01 IN mellp4ect, or on lhe b.ck II 'PICI 1. 0 Addre.s..'. Addre.. ~~~. ~ · . W"'...".I"'""tC..lfIltQ....'ed..onlhl~bltowthtlJ1ldenumMf 2. Reatficted Delivery 'IS . ThI "'Nth "".lpl wlllhow 10 whom the Irtk.. WI' dtllvtfed.nd lhe dl" I. dlttv.,td, Conlu t ollm.lter tor 'ee. 13. ~,"t10 ~ddfl"od 10: 40. Anlc!o Number J'tlO'le.6 J', Ce.f'allma P 'il33 'd.b9 1'J.t. 4b, Sorvlco Typo I m e.r\ ('10 l- CI n e 0 Reglet..ed 0 Inlurod IJ ~ Cenlfled 0 COO (Y)e.c..\-Ionic:..sbLll"j I 10 1'J0!5 0 ExprollMell ~R81urn~ICOlplfor 7. Oote 0' Oollvory - . 8. Addrelno'. A and lee II pal IU.l.CIPO: I...........m DOMESTIC , ,. . .. -..- _.- " . I_....~ r i '.' f. r, I: , ,il ~ilj ~.) I ,;r I Jr~ :~'.~:~"I, . ~.~ ";r: I r.:.x. t.". \ -'\"1 'f' .- ", .I, r ' ~ I , . I" ,. " I I · .... -, i \, '.. UNITEDBTATEBPOBTAMf;".VJf~ 1?0 lssnIIHI'16/94 20:0, ~' DlfI.... BUllnl.. PENALlY FOR PRIVATE use TO A\IOIO PAYMENT OF POSTAGE. S300 - US MAIL " Print your name, address and ZIP Coda here "Thomo.6 'D. c,.oulcl, t.51' I :;;l East mo.iV"\ st 5 h;(~rn~'(\siow(l, Po 1')011 '11I1 1",11I,"11I,","11,"11,11""11,11,"1,'"1',""1,11I",' "'_""e.'., ,.-"~.~ ",,,h. ',~ .' .. ,. . .. . ... ; I' I 1 I "1 , ; 11 ,I ,.' , , ' , , ' , I , I( "'!~ l ~I " J -. ,1.~ , ' ;,', .. '" I ~/'l /::~ ,\ ',I' \ l' .. . .1'-' ;\: ~ :1,''1''1 ~, . #t,-, ,1'. ' ./\ ,I :'''.1 t" '''', ~l I, I r , , , I. . '.' -, '" . - -' MARY T. DePALMA, I III THB COURT OF COMMOII PLEAS PLAIIl'lIFF . CUMBBRLAND COUIITY,PBIIIIS'fLVANIA . I V. I 110. 94-4354 Civil I JAMBS J. DePALMA, . III DIVORCB . DBFBIIDANT. I CERTIFICATE OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by Certified Mail No. P 833 269 126, restricted delivery, return receipt requested, by depositing the same in the United States ,mail on August 11, 1994, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the green return receipt card attached hereto, the Complaint was received by the Defendant on August 16, 1994. -r/;,/'ndd lJ, -Cj".drf Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 'i I! I :1 HAft 2 12 2S PH '95 <flU/OffICE or Tht: f'r"'T;f()N~T4~Y CUHO(HLf.ND c,'" ~ n PCIH'SYf \,'.\"'~ , 5 i 1 , _.."l_.,"'>,."..+.'^.'".""'__i'..............................."..-'-"_,.,' . -.--.....,.----.....~_.,~....~~'..""'<1.~:~, :1~ , " I \. . ,f ." .~ " 1 t . -,--"',,..'---_... " , - . . , .. " .' i r MARY T. DePALMA, I IN THE COURT OF COMMON PLEAS PLAINTIFF I CUMBERLAND COUHTY,PEHHSYLVAHIA I v. . NO. 94-4354 Civil . . . JAMES J. DePALMA, I IN DIVORCE DEFENDANT. I AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 2, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety ( 90 ) days have elapsed from the date of the filing of 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: -( (,.I.., ,,/ '/ ,\ fJ J/' '1/ /~ l}r!J trl1~~ MARY(P' DePALMA r :" " t, " '-,' 'l)' fit, "' ,t'". :' ~:i, ~ i~.'t~_~ ;:t "r, " ""'. f~ !~~ ,'-. '-<" ~.' ~,. ~, " <', ",f '- ."".~."" , ~~~1"" ,~~'!'l""n,,~'~,,~'lQ.,,>r<',,'mwilill(, , Haa 1 ,,1 , . i;' . ,\ ~ 11 25 PH '95 .f"r; FllEO-OFFICE' OF' THE rROTt/ONOTA~Y CUMBERLAND C(lUNTY PENNSYLVAHIA ,', " ~<,- ,~~ - ';.". '7 .-" ,,- ~-_...; --'~r'-' r ' ; ~ 1 ~ 1 I i , .f:. # ." '. . .. " , , .~~" l" ,. MARY T. DePALMA, PLAINTIFF , . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-4354 Civil v, . . JAMES J. DePALMA, DEFENDANT. IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301{c) of the Divorce Code was filed on August 2, 1994. 2. The marriage of Plaintiff and Defendant irretrievably broken and ninety (90) days have elapsed from the ...., date of the filing of 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities. ;'./t..-t,.j MARY.T, ./,(\ .. .. i "." {' , , "-.' , DePALMA I'" -~ ) I . \ L'1T "--' DATED: ,(-1 '-JI' ' /4- . . -. is ~~,'~ '<\ - '~:.'." l:l,:>L.:, ,:_.K', \'. . . - -_' . ':ii'~'-:"'- ,'i:';~1 .~ FEU Z~ 2.., PK '95 r IU,G. UFFICE or THE ~i(OTllOHOUhY CUI4BERLAHO COUH" l'ENllSYLVAlIll '-"---"-'-" )Jtroi"'iji.1'~":-w,,,,--~--"''''''--~ I t . "-~--""".~_:'l~j .-. t " ;, \ . t I ~ ,. ..... .~~ t""'jjr-. ~_....L~1W:.f 1 . , * . , .,-..... ...-:-'~- . ,. ..' ./ " " " ' , . . ,'- /" ^.a.'t'l, MARY T. DePALMA, I IN THB COURT OF COJOION PLIAS PLAIIITIFF I CUMBZRLlUID COURTY, PSnSnVAIIIA I v. I NO. 94-4354 Civil I JAMJ:S J. DePALMA, I IN DIVORCS DSFZNDAIlT. I PRAECIPE To the prothonotary: On the original Complaint in Divorce the DePalma name was inadvertently spelled "DePallma" which is incorrect. The correct spelling is "DePalma". I believe that it is spelled correctly on all other documents. Please make the necessary corrections to the Complaint in Divorce. , . ~t:lA 7) ~A/;,{ Thomas D. Gould Attorney for Plaintiff , ',:;, ~ '< ,.,. :(};"~:l' .,-' ,'c._,';:", ;",' :~,:/::. ,., ~;>~jy.. "<' f" '~'. , " " ~'J . '" "r. .. , I , ., t, ( t,1 .P",,' ;;,-1 i~ W ,~ >'.~;i --~~ ;," ," " \1 .>.if d: .......-... .....---_.--~:..~-~~---~c;j;;' ["-if- I}'~ ..~......- -.: ApB 5 "Sl AH '95 OfT~'Ur. ornc" CUf<<6fi:Mi,~~OHilA"Y PE/llt"y ,Crl.'NTV , L VANIA ~r, 'C" , " , a t I . ,r ~ '... , . , . .' '!: ..' 1 , ;" "",'":'" ,!' , . ~iJ ~~..,_._.".",.- '.. :. .~-- 'r\' """,.,.,..,.,," .'- -"",' .",:,-'., - :~-<.. ,,( "'. .~.: r I , I . I , \ I , Ii- ....' " , .' , . f' -'. ~ ,'tS " ',' . . ~ ::--- t . . ""Clr,,'\. ~.H:\\{\'(\ Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYL VANIA v. · ,.n,N\C'::> j. \Jc.~\MC\ Defendant : CIVIL ACTION LAW . :'NO.l.\,)SL\ CIVIL [9 '1'-\ : CUSTODY VIS[TATION ORDER OF COURT And now, this 5' \\ \Q9, upon consideration of the attached complaint, it is hereby directed that the above parties and their respective counsel appear before !--I.em c. \ ~ '> , Esquire, the conciliator, at ,~O~ 'Sc l~ '\\-,' (QV\P I-\'i \ \ , ' Pennsylvania, on the ~L\ day of , \~C"\~ : , [999, at ::\',0 0 A.M.I<tM) 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 be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or pennanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE TH[S 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. THE CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 ~..:.ir~:':'.. ... ..,.__~..,~.;,o;.' :. ' . .,,": -: ...~ ~' \," ~, .... I '1'......1 ro' f"" l'1~ '.., roo "1\ ,,:1 "" r oi ,). .) JJ ", I . C' II' ' ," ,. r,v Li..',~ 'r,:.- ,,~. \.;-, ....\ i I PE~~i '~~~"'~.'/l ~'!'i\ .sOJO?? ty', t~ ~J~ ~4 ~'1l f;Jt'- '/1 ~ 1'1"~ ~ -rfI . 5'dJt) lf" ~ ~..- M. s6/~ 7". . ( >.. . --_._'^~. - MAY] 4 1999..J.- v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-4354 MARY T. DEPALMA, Plaintiff-Respondent JAMES J. DEPALMA, Defendant-Petitioner CUSTODY ORDER AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, on the _____ day of , 1999, at o'clock .m., in of the Cumberland County Courthouse, Carlisle, Pennsylvania, 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 shall also be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order, BY THE COURT, Custody Conciliator 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 Fourth Floor One Courthouse Square Carlisle, PA 17013 (717) 240-6200 - , .. -t' I 'I . . "1 I ,'. j J I I ; " ~( I " J.I , I 't, J ! ,.' ., . I~'. , , ,I I, " I I ;. r . I , , I , ) .. .' '. , ,- ..".........~'""':...' MARY T. DEPALMA, Plaintiff-Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-4354 v. JAMES J. DEPALMA, Defendant-Petitioner CUSTODY COMPLAINT FOR CUSTODY 1. Petitioner is Defendant James ,J. DePalma, residing at 401 Summit Road Rear, New Cumberland, Cumberland County. 2. Respondent is Plaintiff Mary T. DePalma, residing at 1514 Carlisle Road, Camp Hill, Cumberland County. 3 . The part ies were divorced by this Honorable Court's Decree dated March 15, 1995, The said Divorce Decree incorporated by reference the Marital Settlement Agreement of the parties dated February 6, 1995. A true and correct copy of the said Decree and of those relevant pages of the said settlement agreement dated February 6, 1995 having to do with custody matters are attached hereto as Exhibits "A" and "B", respectively. 4. Commencing in September of 199B and thereafter, the Respondent-mother has undertaken a course of conduct intended to interfere with or terminate any contact between the Petitioner- father and the son of the parties, Vincent G. DePalma (0.0, B, 12/24/90), despite the express provisions of the Divorce Decree and of the Marital Settlement Agreement awarding shared legal custody of the boy to the father and providing for "liberal, temporary physical custody and visitation rights". 5. During the last five years, the child, Vincent G. DePalma, has resided at the following addresses and with the following persons: DATE ADDRESS 1514 Carlisle Road Camp Hill, PA 1625 Sheepford Road Mechanicsburg, PA BESIDING WITH Mary T. DePalma, mother May 1998 to present October 1994 to May 1998 before October 1994 Mary T. DePalma, mother One Merino Lane Mechanicsburg, PA Mary T. DePalma, mother, and James J. DePalma, father 6. The relief requested herein by the Petitioner-father is in the best interest of the child because the father is full well ready, able and willing to meet the emotional, psychological and physical needs of his son, Vincent G. DePalma; the Respondent. mother has exhibited a settled disregard for the importance of the relationship between the son and his father by interfering with and, in fact, attempting to terminate all contacts between the father and his son without cause or justification and without seeking a modification of the existing Order of Court; the Respondent-mother has, through her conduct, exhibited a settled disregard for the Court's Order regarding visitation rights of the father and, therefore, should not be permitted to retain primary physical custody of the child; and the child Vincent G. DePalma wants to have a close and open relationship with his father, which 2 (' ,_,,~-. 2~.:~ said relationship has been stifled or made impossible by the attitude, actions and conduct of the Respondent-mother. WHEREFORE, Petitioner respectfully requests this Honorable Court enter an Order modifying existing custody provisions of the aforesaid divorce decree to provide that the parties shall share legal custody and providing that the father shall be awarded primary physical custody of the child Vincent G. DePalma, subject to such periods of temporary custody and visitation on the part of the mother as this Honorable Court deems to be just and appropriate; or, alternatively, awarding a shared physical custody of the child vincent G. DePalma to the father and mother on an alternating-week basis. Respectfully submitted, Date 1/ Y~I ?~ V :7P~ Bruce F. Bratton, Esquire Pa. Attorney I.D. No. 23949 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for plaintiff 3 '-. Ex H 101 T " A" I, .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:<<. .:<<..:.. ...:. .:.:. .:.:. .:.:. .:+:. .:.:. .:.:. .:.:. .:.:. :.--.:.:.: ...."..'.:<<."'.:.:. .:.:-' ".:+:- .*. .:t>: .:......"... ~ '. ............ ........:._.. ............ ..~......".......~...._.'...._....'_..._r._.._'.'.._....._.. .._....._"...__.__.....-_ ._~ '.' .,. ~ i '; '", ~ .' .1 " MARY T" DC!PALHA, : I Plaintiff " Vl'I':m~ ~ .. '~i ~i ',', , . ~; '~l ',} ., i ;;. ,OJ , I , .r , ,I , \ I i IN THE COURT OF COMMON OF CUMBERLAND COUNTY PLEAS STATE OF *, ~ .: ' . ..~III ... ""~~J,.~t PENNA, 'I .' N () .94",~,35,4,.., ,CIVlL.. 19 JAMES J, DePALMA, , . . . I Defendant ., DECREE IN DIVORCE AND NOW, .... .. .. .... /!?tJ:..0... ./.o.~., 19 .9.L ., it is ordered and decreed that ..... .11~H, ,1'.. P.~~;;I,tJl\i\ , .. .. . . . , . .. . .. . , .. .. . . , " plaintiff, and..,......."... -?'ii!'!E!l!l, ~.'. ,I?!'!.~'!~!"!'l,.........."....,..,.., 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: ",., :I.'J:ll!!, J1,,,;~.t,i\~, ::;~.t;t;lC!Jl\~Ilt:. A9t'C!.e.ment, .date.d . Fehr:uaq-. .6" ,L995, .is ,1),:!r~,~Y. ~.n,q<?t'P,qra j;~,q . ~n.t.Q. t:n.i.t>. P~,GJ;'el!, .tll. P,ivorc.C!,. .. . . . . . , . . . ... , Courl: // . /J,~ Atte.t: .x/?-.Ir..:,w:" {' I~"( ..6<,,&,.-&~ 4- ...e~?t't)'" ~&; ,O(/.'4e?; (/, / '1'rnlh6'nnlnry " i:> ~ ',' ~ v ',' ,', ~ s ~ ,', * ,', ~ ,', * ~ .,-, w '" " " ,'~ * ,', ~ I, ~ " ~ '.' g ,', ~ " i:> " w ~.~ ~ ~~ ,', ~ ,', ~ ~.~ ~ ,', A " ,', * ~ '.' ~ ... .', * ~ '.' ,'. * ~ '.' J ,~ , ~ ~ I':' f!d !~ -'~~~""""""'~""" .--.......,..,...... I~ :.:.' -:.:. ;:+:. .:+:. ::.:.-~:.::...::.::.'.:.:.. ::+:. .:.::--::.;. '.~:~ -.:.:~-~.::...:.:. ':0:' ',:+:. .:.:. .:+:. .:.:. .:.:. ',:+:,' t.'(I/tlJ" 'A' " - ----:- -- t' E.XHIOIT \let MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 6 rl. by and between James J. DePalma, "Husband,") and Mary T. DePalma, "Wife") . day of N~~\A.C\ (~ ' 1995, (hereinafter re erred to as (hereinafter referred to as WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on June 29, 1990; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, one child was born of this marriage, Vincent G. DePalma, born on December 24, 1990; and WHEREAS, Husband and Wife desire to settle and determine their rights, obligations, support and custody of the child; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1, SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart, 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the child of the parties at any time which might in any way influence the child adversely against the other party. . " €''t,-II'),r B " ,,,....."'. . ~..< 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common, Neither party will make any claim to any such items which are now in the possession or under the control of the other. 4 . AUTOMOBILES The Wife is the owner of a 1990 Jetta. The rights and title to the vehicle is to remain with Wife. Wife shall maintain separate insurance on her vehicle and be responsible for any and all loan payments related thereto, The Husband is the owner of a 1986 Dodge Colt Vista. Husband shall maintain separate insurance on his vehicle and be responsible for any and all loan payments related thereto. 5, DIVISION OF REAL PROPERTY The real property previously owned by the parties has been sold. 6. MARITAL DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Wife agrees to be responsible for the debt on the 1990 Jetta. Husband agrees to be responsible for the debt on the 1986 Dodge Vista. There are no other joint debts. 7. SHARED CUSTODY The parties agree that they shall share of their child. This means that the parties shall each other regarding the major parenting decisions child's health, education and welfare, legal custOdy consult with affecting the Wife shall enjoy primary phYSical custody of the parties' minor child subject to the liberal, temporary physical custody and visitation of the Husband as the parties have heretofore and intend to agree. Neither party shall remove the child from the Commonwealth of Pennsylvania for any periOd in eKcess of thirty (30) consecutive days without sixty (60) days prior written notice to the other party, such notice to be given by certified mail, return receipt requested. Each of the parties acknowledges that the terms of this Agreement regarding custOdy and visitation may be modified by a court of competent juriSdiction upon the application or petition of either Husband or Wife due to a change of circumstances. 2 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Z J'" DePalma "" VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made Date ,Ma..'f I' \ I~'\ '\ <.. ~,-'..q--:' . ~ . , " , \ . ,'.". FlLErl-CfFlCE OF Tl": ['C'i !,-mTII,qy 99 tl^Y 13 fitl B: ~O CUMGEF.L!.;-J.) COUNTY PENI-i5YLVlINA " ,;J.O.~ pd. 4- ~ -# /1..2G,~ ~ ~O~3 ( "- ' , t ,.' , 1 . , I . )~, .... , tI' . ,<''- ~ . , ;-1 \, f . ! . . .. \ ., i , \ . . . .O,t '.~;,"'i' '..,~.~,< '! - . ~ " I .' ~ . .' I.: , 'J r" ,,"j " , . '.', t.., ;!1 '- -j u ii Iii 6 1 '... .... 0 .... ~ .... I ~ ;: & . ~ I~ III S I I t: ... .... a ~ " ~ ... fa :5 .. > Ill::! .... . oJ .... '0 ~n z~ c ~ ..: ~i .... ~ ~ w Z . III ~~ ~ ... 2l '0 z ~ ~ ~~ '" ~ a: .. . .~ o Iii d w~ > I III ~ " a: ...~ ~~ Q Q !:l < 8 ~ . oJ .. . .., N it Eo< ~ a: ~ N < ~e ~ J: ... MARY T. DEPALMA, Plaintiff-Respondent v. JAMES J. DEPALMA, Defendant-Petitioner (, ;'-""I : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 94-4354 : CUSTODY ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff-Respondent, Mary T. DePalma, in the above captioned matter. Respectfully submitted, a J UZ, J.D. # 18005 212 Locust Street, Suite Harrisburg, PA 17101 (717)238-8183 Attomey for Plaintiff ,.. ,~"i CERTIFICATE OF SERVICE I, ELLEN M. HOWE, Legal Assistant, certify that 1 have served a copy of the foregoing document on the individual listed below by depositing the same in the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania: Bruce F. Bratton, Esquire Martsolf & Bratton 2515 North Front Street P,O. Box 12106 Harrisburg, P A 17108-2106 Date: s/as)qq ~il.Jbn~' 212 Locust Street, Suite 404 Harrisburg, P A 1710 1 (717)238-8183 !(J l < .,;': ;' ;;-- 1-'; , ' ~ ~.~ :\ .,', r.,' i',) r:', :",.j ,-, ,,' .., ~ c..< Iii c ~~ I 0 .... .., ~I Q .... ~ ~ ~~ lfi .., ~ & ~ ~ ~ I I a .... .., !~ ~~ .... c :5 ., > wi:! .... III . -I .., '0 ~ Iii ~ z. C ~ ~ ~~ .... - ~ w Z ~~ III ~ a: z ~ .... 2! Ii '0 z In w w '" , 'i: a: .. -It::' ~8 > o In .; w. ta ~ ::> a: '"c t:l < 8 ::> c:l ., ~~ -I ., , N it ~ .., OJ ~ ~ ~ >: ~e . MARY T. DEPALMA, Plaintiff-Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 94-4354 JAMES J. DEPALMA, Defendant-Petitioner : CUSTODY RESPONDENT'S ANSWER TO COMPLAINT FOR CUSTODY I. Admitted. 2. Admitted. 3, Admitted and Denied, The dates stated and the existence of a Marital Property Settlement Agreement are admitted. It is denied that the pages attached as exhibits are the only relevant pages. 4. Denied. Respondent-mother has undertaken a course of conduct designed to facilitate Petitioner-father's reasonable visitation which Petitioner-father has failed to follow, Petitioner-father has failed to contact hi5 son for weeks at a time. Respondent-mother has telephonically and otherwise contacted Petitioner-father in an attempt to promote visitation. 5, Admitted. 6, Denied. The best interests of the child will be met by continuing primary physical custody in the Respondent-mother, The Petitioner-father has frequently expressed an inability to meet the scheduled visitation period for his son due to his avocation, that of musician. Petitioner- father has repeatedly left messages on Respondent-mother's answering machine containing threats, denigration, comments designed to undennine Respondent-mother's relationship with her son and statements considered by Respondent-mother to be hamssing, r :, WHEREFORE, Respondent,mother respectfully requests this Honorable Court to enter an order: 1. Granting Petitioner-father limited and supervised visitation of his child; 2. Establishing a location for drop-ofT and/or pick-up of the child at a public place ofTering safety to the Respondent-mother; 3. Ordering Petitioner. father to confinn his ability to meet the obligations of temporary custody/visitation atlenst two days prior to any ordered visitation; 4. Ordering Petitioner-father to cense and desist using any language which could be viewed by Respondent-mother ns being threatening, coercive, denigrating, obscene or otherwise improper in any communications, Date: .5 }a,S fA Respectfully submitted, D~l~lj !.D. # 18005 ' 212 Locust Street, Suite 404 Harrisburg, PA 17101 (717)238-8183 Attorney for Respondent-mother VERIFICATION I, MARY THERESA nEPALMA, verify that the statements made in the foregoing document are true and correct to the best of my knowledge. I understand that false statements made herein are subject to the penalties of 18 Pa,C,S, ~ 4904, relating to unsworn falsification to authorities, Date: ~ I~s IT, . '~,rlJJU-'4 4~ t", . CERTIFICATE OF SERVICE I, ELLEN M, HOWE, Legal Assistant, certify that I have served a copy of the foregoing document on the individual listed below by depositing the same in the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania: Bruce F. Bmtton, Esquire Martsolf & Bratton 2515 North Front Street P,O, Box 12106 Harrisburg, PA 17108-2106 Date: S las )qg ~~'%.J ~ hi e . Howe, ega SSIS ant 12 Locust Street, Suite 404 Harrisburg, PA 17101 (717)238-8183 - II) 2 o - ~~5~ lQ h !h~ ..l )0 Ii ~ >l ~ i ~ ~L~ o '< g = .. .. ~ ~ .... ,a. JUL 2.: 199\).. , . ." " .' t' MARY T. DePALMA, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, ) PENNSYLVANIA vs. ) ) NO. 94-4354 CIVIL TERM JAMES J. DePALMA, ) Defendant ) CIVIL ACTION - LAW ) CUSTODY/VISITATION ORDER AND NOW, this 2.'1~ 1"", , 1999, day of upon review of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of their minor child, Vincent G. DePalma, d.o.b. December 24, 1990. 2. Mother shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as follows: A. On alternating weekends from Friday at 5: 30 p.m. until Sunday at 8:30 p.m. This alternating weekend schedule shall commence with July 2, 1999; and B. On every Tuesday and Thursday evening from 5:30 p.m. until 8:30 p.m. \;IJj,iOE, ''-' . ,_ Pf,;i~SYL' , 1".'1'1 : !"; I~ .' .' The parties shall alternate the major holidays. Those major holidays being defined as Fourth of July, Labor Day, Thanksgiving, Easter, and Memorial Day. This alternating schedule shall commence with Father having the Fourth of July in 1999. These periods of partial custody shall be from 9:00 a.m. until 8:30 p.m, The Christmas holiday will be broken into two segments. Segment A shall be from December 24th at noon until December 25th at noon and segment B shall be from December 25'h at noon until December 26th at noon, Mother shall have segment A in 1999 and all odd years thereafter and segment B in the year 2000 and all even years thereafter. Father shall have segment B in 1999 and all odd years thereafter and segment A in the year 2000 and all even years thereafter. Mother shall have the child on Mother's Day and Father shall have the child on Father's Day from 9:00 a.m. until 8:30 p.m. Each party shall be entitled to two (2) uninterrupted weeks of vacation with the child. Father shall notify Mother by April I" of each year as to the two (2) weeks he intends to exercise his periods of vacation and Mother shall notify Father by May 1" of each year as to when ~ . . . ," ". she intends to exercise her periods. However, for the summer of 1999, Father shall exercise his summer vacation from August 14, 1999 until August 22, 1999. 7, The drop off and pick up shall be at the Cedar Cliff McDonald's. 8. Such other times as the parties may agree. 9. The partiell lIhall reoonvene ~or another culltody oonoiliation be~ore Miohael L. Bangll, BlIquire, on September 23 , 1999, at 9:00 a .1Il. BY THE COURT, David T, K1uz, Esquire _ Cc Bruce F. Bratton, Esquire /JL . AJ.~L '1/:l./gJf9 . ...J..p. m1b MARY T. DePALMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 94-4354 CIVIL TERM JAMES J. DePALMA, Defendant CIVIL ACTION - LAW CUSTODY/VISITATION JUDGE PREVIOUSLY ASSIGNED: The Honorable Kevin A. Hess CUSTODY CONCILIATION CONI'ERENCE SmemRY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-B(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: HaME BIRTHDATE CURRENTLY IN CUSTODY OF Vincent G. DePalma December 24, 1990 2. A Conciliation Conference was held on June 24, 1999, and the following individuals were present: the Plaintiff and her at torney, David T. Kluz, Esquire; the Defendant appeared with his attorney, Bruce F. Bratton, Esquire, 3. Items resolved by agreement: See attached Order. 4 . Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order. " /, . 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child: Neither party requested. 8, Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: July 15, 1999 ... .' rn ~ o " ~ ~ P lQ:q ~ J~ d >- ~ ~ ~ ~ e ~ 5qg " .. :--: ~ " , . :!(\"' ORDER AND NOW, this Z $"J day of Oc.hi.-- , 1999, upon review of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of their minor child, Vincent G. DePalma, d.o.b. December 24, 1990. 2. Mother shall have primary physical custody of the minor child subject to periodS of partial custody and visitation with Father as follows: A. On alternating weekends from Friday at 5:30 p.m. until Sunday at 8:30 p.m. This alternating weekend schedule shall commence July 2, 1999; and B. On every Tuesday and Thursday evening from 5:30 p.m. until 8:30 p.m. " 3. The parties shall alternate the major holidays, Those major holidays being defined as Fourth of July, Labor Day, Thanksgiving, Easter, and Memorial Day. This alternating schedule shall commence with Father having the Fourth of July in 1999. These periods of partial custody shall be from 9:00 a.m. until 8:30 p,m. 4. The Christmas holiday will be broken into two segments. Segment A shall be from December 24th at noon until December 25th at noon and Segment B shall be from December 25th at noon until December 26th at noon. Mother shall have Segment A in 1999 and all odd years thereafter and Segment B in the year 2000 and all even years thereafter. Father shall have Segment B in 1999 and all odd years thereafter and Segment A in the year 2000 and all even years thereafter. 5. Mother shall have the child on Mother's Day and Father shall have the child on Father's Day from 9:00 a.m. until 8:30 p.m. 6. Each party shall be entitled to two (2) uninterrupted weeks of vacation with the child, Father shall notify Mother by April 1.t of each year as to the two (2) weeks he intends to exercise his periods of vacation and Mother shall notify Father by May 1"' of each year as to when ,'.. ..- she intends to exercise her periods. However, for the summer of 1999, Father shall exercise his summer vacation from August 14, 1999 until August 22, 1999. 7, The drop off and pick up of the child shall be at the Mother's house. Father agrees that he will remain in his car at the curbside and that Mother will have the child available and ready to walk to the Father's vehicle. When Father is dropping off the child, he again shall park at the curbside and have the child walk to the Mother's residence. 8, Such other times as the parties may agree. BY THE COURT, David T. Kluz, Esquire Attorney for Plaintiff Bruce F. Bratton, Esquire Attorney for Defendant _ ~~ lojolt~/'I9. .><S.-f, m1b '-'f '" ,..c I.,:;' ;:-"':\'{ ('~~ C"":1 i G {'; I 2: ') - "',1" t_:\. ,.'._ i",: :::1Y ,\ '_." _H MARY T. DePALMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-4354 CIVIL TERM JAMES J. DePALMA, Defendant CIVIL ACTION - LAW CUSTODY/VISITATION JUDGE PREVIOUSLY ASSIGNED: The Honorable Kevin A. Hess CUSTODY CONCILXATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(bl, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: l':I.At:1E; BIRTH DATE CURRENTLY IN CUSTODY OF Vincent G. DePalma December 24, 1990 2. A Conciliation Conference was held on September 23, 1999, and the following individuals were present: the Plaintiff and her attorney, David T. Kluz, Esquire; the Defendant appeared with his attorney, Bruce F. Bratton, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order. ,. 6. The Defendant's position on custody is as follows: See attached Order, 7, Need for separate counsel to represent child: Neither party requested, 8, Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: October 11, 1999