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Home My WebLink About95-00787 -) ~:~,,~,~,~'_'_'~:'~':_~~".:_'ro'_~~:~'-_.X~~~~;~~'.::~~~ ~- ~ .~ ~ ~ ~.' ~ ~i :': ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ ". ~ ~ ~.' ~ ~.' OF CUMBERLAND ~ COUNTY $ STATE OF ~ ~.~ w ~.~ ,', ~ ~ ~.~ ~ ~.~ ~ ~.~ ~ ~ '.' I"' ~ ~.' PAULA W. MCPARTLAND, ..............,........,...,,".,. ".... PLAINTIFF . . . . , . . . . . . . . . . . . . . . . . . . . . . . . ., -. . . . ., . . .. ..... ,....... Vel'SItS ....CHll:rSTpl'HEIIS. . MCPARTLANQ . . . DEFENDANT PENNA. ..........., !I II n , " II ........ il Nil. ...95.:::7.8,7..... ..."".."".". 19 DECREE IN DIVORCE ~ ~.' ~ ~ ~.~ t :.~ ,,; ~ :.~ ~ ~ ',' t: ,', ~ loi ~.' ;.; ~ AND NOW. ..,., . J.",.\"l.<t.. .I.~l.........., 19 .9.S..., it Is ordered and decreed that .~J;\!1):'.~ .\;'1.'. .f.!9rM~~~~.~...., ..,..........,.",.., plaintiff, and. . ,.. . .GIJ~U;.Wl?t1,E;~. ~'" .foJ~rM':f:{'~NQ,. ,. . . . , . " . .". . ,." defendant, are divorced from the bonds of matrimony. Tl,e 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; ~ ~ ? ~ ,.., .'0. ............. ..... .... ............ .... ........ ....................1 $ ~ ~.' " ........ ...... ". ,It ,.,..' ...... .... ..................... ~ " ~ .'~ ~ " ~ .' ny The C~.~rJ: /J ~ { J. W'-4 k'c-~ . a "" 1" . Alle.t: <"I., to<, (' II 'f.'''' --L; ~ X..../. o.r4u;! U /,..,(,erTk-" " ' tJ, , 1/ \-'1 ~' . /. '41' Y.-ejl-lt'- t'- ,/jC~,.-b'k""J-' (I j' !y.>lhol1l1lnry .' ......~._._. "L~ ..,'_ ........_, ., "'. . , ..'" .... i ~ .:.;. .:.;. .:.:. .:.:. .:.:. .:.;. .:.:. .:.:. .:.:- .:.:. ,', ~ Q ~.! ,', ~ ,;, ~ ;;; ~ ~ ~.~ ,.; ~ ~ "; .', ~ ;;; ~ ,', ;!i ~ ,. .'. ;;; " :; ,', ~ ~ ~.~ ~ ,'. ~ ~ w !~ ~ .J ~ ., '.. ~ ~j loi ~.~ ~ ~.~ ~ '.' ~ '.' ~ '.~ ~ '.' ~ ~ '.' ~ '.' ~ '.' ~ ',' ~ 0;> ~ '.. ?, /1/,9.5 aJ.. (~//t,:$~ a:Ij ;d,z<Jd!J ~ -/l/.95 71~ I~~ Z ~ . . Charlcs J. Hartwcll, Esqulrc Suprcmc Court (,D. #52655 BOSWELL, SNYDER, TINTNER & PICCOI.A 315 North Front Strcct P. O. Bo~ 741 Harrisburg. PA 17108-0741 (717) 236-9377 Attorncys for Plaintiff PAULA W. MCPARTLAND, PLAINTIFF v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNT, PENNA. : NO. 95-787 CIVIL TERM CHRISTOPHER S. MCPARTLAND, DEFENDANT : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Seetion (X) 3301 (e) U 3301 (d) ()) of the Divorce Code. (Check applicable seetion). 2. Date and manner of service of the Complaint: February 20.1995. certified mall. return receipt requested, .. : ,I 3. (Complete either paragraph (a) or (b)). (a). Date of execulion of the affidavit of consent required by Section 3301 (e) of the Divorce Code: May 31. 1995 by Plaintiff; Mav 26. 1995 by Defendant (b). (1) Dale of execution of the Plaintifrs affidavit required by Seetlon 3301 (d) of the Divorce Code: nLn.: 4. Related claims pending: None 5. Date and service of the Notice of Intention to file Praeeipe to Transmit Reeord, a copy of whieh is attached, if the Decree Is to be entered under section 3301 (d)(I)(I) of the Divorce Code. !!.l.!!.. +/f k 4- CH RLES J, HARTWELL A ttorney for (x) Plain tiff ( ) Defendant (~ Idlco l.n en = c.:... <:) r' (~J ,......, '~ :-:; -....) v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNT. PENNA. :NO. ((j- if! (};'()-LL,)~ PAULA W. MCPARTLAND, PLAINTIFF CHRISTOPHER S. MCPARTLAND. DEFENDANT : IN DIVORCE & CUSTODY ORDER OF COURT AND NOW, upon consideration of the auached Complaint in Divorce, it is hereby directed that the parties and their respective counsel appear before (J C1.Wn. 5, 'SCAn'\"'" ,the Conciliator, on the 1~-1h day of _\::}~"fili,~19?!h~5, at a Pre-Hearing Custody Conference. At such Conference,~ ?,cll.o,/Nk.,n ' \ Sf, /l'7r-c It'M;C'l' 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 Jk~~also be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT, BY:_() C;"d1- J~J<IV~VJ' ~'i:;, Custody Conciliator (/ '(/lOP / :1J 1- _ Fea 17 2 30 PH '95 1,1.11;' OffiCE or 1j,[ ;"lITrlO CU"'f.EIiLA~O r.~,9;Wl Pflll15 rL'i/,jl~' d . /I' 95 t7:1 f';1aJ.-J -k ~ i!a,;/;iJef!} d' II' t/'J C>fd JII(~tbI -iz; c)J, '.5().p~/7 <1. ' II, q r; CaPI 1]Ia~(t! id tilt 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 LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle Pennsylvania 17013 (717) 240-6200 nl:\ cjll\ famlly\ mcpart.dlv 12127/94 I I' Charles J. Hartwell, Esquire Supreme Court I, D. No. S26SS BOSWELL, SNYDER, TINTNER & PICCOLA 3tS North Front Street p, O. Box 741 Harrisburg, PA 17 108.()'/4 1 Telephone: (717) 236-9377 Facsimile: (717) 236-9316 Allomey for Plalntlff PAULA W. MCPARTLAND, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNT, PENNA. :NO. v. CHRISTOPHER S. MCPARTLAND, DEFENDANT : IN DIVORCE & CUSTODY 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 fall to do so, the case may proceed without you and a decree of divorce or annul- ment 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 dlvoree is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage eounselors Is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to ehoose a counselor from the list. All neeessary arrangements and the cost of eounseling sessions are to be borne by you and your spouse. If you desire to pursue eounseling you must make your request for counseling within TWENTY DAYS (20) of the date on which you received this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TIl FLOOR CUMBERLAND COUNIY COURTIlOUSE CARLISLE, PA 17013 The child Is presently In the eustody of Plaintiff, who resides at 164 Ridge HIl1 Road, Mechanlcsburg, Cumberland County, Pennsylvania. Slnee his birth, the child has resided with the foil owing persons and at the following addresses: PLAINTIFF & DEFENDANT 166 Logan Road DllIsburg, PA 164 Ridge HIl1 Road Mechanlcsburg, PA Birth - 1/94 PLAINTIFF & DEFENDANT 1/94 - 8/27/94 PLAINTIFF 164 Ridge HIl1 Road Mechanlcsburg, PA 8/27/94 - present The mother of the ehild Is the Plaintiff, Paula W. McPartland, currently residing at 164 Ridge Hill Road, Mechanlcsburg, Cumberland County, Pennsylvania. She is married. The father of the child Is the Defendant, Christopher S. McPartland, currently residing at 21 West Circle, Camp Hill, Cumberland County, Pennsylvania. He Is married. The relationship of Plaintiff to the child Is that of mother. The Plaintiff eurrently resides with Kenneth & Marilyn Woodhall, her parents. The relationship of Defendant to the child Is that of father. The Defendant currently resides with Jeff & Joan McPartland, his parents. II. Plaintiff has not participated as a party or witness or in another capaeity In other litigation concerning the custody of the ehild In this or another Court. .. I 1 VERIFICATION I, Paula W. MePartland, Plaintiff, hereby verify that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and bellef. I understand that false statements herein are sUbJeet to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. /i,{( it<- tv /()e'/OAftf<lIoC Paula W. MeParlland - DATE: l~l~~9<I (~ ...........'"'--) CI.l e~ Po<CI.l ~~ iPo< O. ~ ~~ I o Eo<U i2: 81 5 U Ill; ~ ~ i2:~O~ HUi2:U . l.n c-, r: r~'..) ...... t..J :-...... . Or.. ~~ ~a :EPo< , ~ ~ Po< ~ ""' ',"":' \..--.-. ~I \!; I D v Q 'J\'~ ........, -...:.:.... ~ -u ~ ('v ,-" '- . ! ~~ :Eo ~~ . ~ f:l > ~o = Po< o Eo< CI.l ~ ~ U P: o > H o i2: H ~:) "'"" ~ ~ '- t H ~ ~ o u l'{) <0 ~ I'- ~ \J- ,j v--. 'to A ,s ){. ry-.. ~ 1'\1 ;:. .J ."t, V::l 1 ~--i~ . ~ :s 8 u p:, oll [:i . ~ ~ t=~~_:!l z:t g;! ~ ~ r oil ~" o ~ It; 0- .0 /: ''; ~p~ ~ ~ u" S II) ~ :t ~ o ~ ... ~l~;" ER:.' .' . , . . '1 '.I...... Complete It.m, 1 and/or 2 'or .ddltlonl'..rvlc..: t.1I . .Campl.tllloma 3. ,nd", 6 b.' ':. .' ' 1 I"',. Print V?Ur MfM.and.dd,.1I ,on thl rtv~.!"Of thl. form.o thlt w. e,." I :;.rttum thll c.rd to you. . < '. " ., ; '. !', e' ;:.tt,:o~ :~:t~ to I~, fronl 0' the ,m.np~~~ ~~ DO ',he b~Ck I! .pace I'.. I: '.' Writ. "Rttu*n R.ctIPt R,quelttd',' on V. m.Uplec:e below the IrtiClt number 1:1 . The R.tum R,cllpt WUllhow to whom the article WII dtllvtrld ,nd the dill I S d"....d,', 11,.3. Artlcl..Addr....d 10: riCho.Hvp4,- roc.. ~rd !1'd.~'3 Gosle,..At<. ' ikirnO<-J N.. Pa-n(fl'J ! .. H , , , 12 I , I.. i 6,Slo~.lur. lAD... nil,. ,'.' 1- .-'~>kHHi.-it-iii. d i~il ; , .II PS Form ,D.c.mb., 1991 "U.8.0..,O,"I9><101-630 I, ~ .' " , . . .~. I .1.0 wl.h' 10 ,ec.lv. tho rOIl~wlng ..rvlc., Ita.' on .~Ir. ~ :. f..). '. '!; 1, 0 A::~~::.:'~;:::"'..I'..:.'.'...: CO !.lIt 0 tmaatar for'fae. - ',:' 4., A~'.~3?;'Oa~3(J-/ j , S.rvlco Typ. ., .glll.r.d, 0 ,nlur.. e.rtln.d '0 COD." ., .,.j" '. 0 E.pr.11 M.II 0 R.tum R.c.lpt t,,,' !I" 7. 0.1. of D.llv. .' .'" ',t' ,,:,'. '~/..9 i,".K." . "W.,_ . ""~. 9. . Ad dr.....'. Addroll IOnly It r.qu. It... dJ." ,.' ' .nd t..,. p.ldl . , '. " .'. . _,1 . .., .I.'.!._ ;),', I' , >,~~\ : :L> ,..' ~ . . ~ I . 11' DOMESTIC RETURN RECEIPT '" PLAINTIFF'S EXHIBIT A ..,., ~ ~. .- :": . = "'- o In ,_.- ~~ ~, . ,.. t;, ,- , . ~ Ln ..,'" . c: " " -. , :>: -' ., -- " , " PAULA W. MCPARTLAND, PLAINTIFF : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNT, PENNA. : NO. 95-787 CIVIL TERM v. CHRISTOPHER S. MCPARTLAND, DEFENDANT : IN DIVORCE AFFIDA VIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE I, PAULA W. MCPARTLAND, being duly sworn according to law, depose and say that: I. I am the Plaintiff in the abDve-eaptioned action in divorce under Scction 3301(c) of the Divorce Code. 2. I have been advised of the availability of marriage eounseling and understand that I may request that the court require that my spouse and I participate In counseling, 3. I understand that the Court maintains a list of marriage counselors In the Prothonotary's Office, which list Is available to me upon request. 4, Being so advised, I do not requcstthatthe Court require that my spouse and I participate In counseling prior to a divorce decree being handed down by the court. 5, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 13. 1995. 6. My marriage to CHRISTOPHER S. MCPARTLAND is irretrievably broken. 7, Ninety ( 90) days have elapsed from the date of filing the Complaint. 8. I consent to the entry of a final Decree of Divorce. I I I , l .. - PAUI..A W. MCPARTI..AND, JlLAlNTlFF : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNT, PENNA. . . v. : NO. 95-787 CIVIL TERM CHRISTOPHER S. MCPARTLAND, DEFENI>ANT : IN DIVORCE Al<'FIDA VIT OF CONSENT UND.ER SECTION 3301((:) 011 TIlE DIVORC~ CODE I. CHRISTOPHER S. MCPARTLAND being duly sworn according to law. depose nnd sny that: I. 1 am the Defendant in the above-captioned action in divorce under Section 3301(c) of the Divorce Code. 2. 1 have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and 1 participate In eounseling. 3. 1 understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is avaIlable to me upon request. 4. Being so advised, 1 do not request that the Court require that my spouse and 1 pnrtlclpate in counseling prior to a divorce decree being handed down by the court. 5. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 13, 1995. 6. My marriage to PAULA W. MCPARTLAND is irretrievably broken. 7. Ninety (90) days have elapsed from the date of filing the Complaint. 8. 1 consent to the entry of a final Decree of Divorce. " ... ~ 9. I understand that if a claim for alimony, allmony pendente lite, marital property or counsel fees or expenses has not been filed with the Court before the entry of a final deeree in divorce. the right to claim any of them will be lost. I, CHRISTOPHER S. MCPARTLAND, Defendant. verify that the statements made In this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties oj 18 Pll.C,S.A. Section 4904, relating to unsworn falsification to authorities, ( )~f-(L::/'\l\ ~'CHRlS'fIOPHER S. MCPARTLAND DATE: S Lilal qS I' I PAULA W. ~ICPARTLAND, Plaintiff IN TilE COURT 0<' WIMON PLEAS 0<' CUMBERLAND COUNTY, PENNSYLVANIA vs. 95-787 CIVIL TERM CHRISTOPHER S. ~ICPARTLAND, Defendant IN DIVORCE & CUSTODY CUSTODY COOCILIATIOO SUMI1MY REPORT IN ACCORDANCE WITH CUMBERLJIND OJUNTY RULE OF CIVIL PROCIIDlJRE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subjeet of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY 0<' Zaehary G. McPartland October 12, 1993 P1aintiff//Mother 2. A Conciliation Conferenco was held on March 15, 1995, with the following individuals in attendance: The Mother, Paula W. McPartland, with her eounsel, Charles J. Hartwell, Esquire and the <'ather, Christopher S. Mepartland, who appeared without legal counsel. 3. The parties agree to the entry of an Order in the form as attaehed. t17CL" ell Date I:) /'/1-'-- , ( a{'/A_.i.J-Lv>'I()(~ Dalln S. Sunday Custody Conciliator ........ .0: I ~~ ..> - "'~ ~~ ..\, 'f'! ~~ .... UJ ;; ~I Jl _:!I r.. J1 ~ ~ 1__ .... ~ ... .e - _ ....... ... ,., [-I '0 ::: S I Vi 0( -.jJ !.'i tii If(, 1St il ,5 ": ~.~ fj.... E-<~ 1J.I~lb i~ . :E:~ ~2 "It e~ .-; .5 ...... Ul ~'" > tJ[;j ~ '~ - C . :::::: C "_ UJ S ~J!_::3 fj -~-C\- El ~P<1i, '"'.!l ~ :E: , '" :c :-< . '" 0 ~~ ~ ~ ~ ~ ~~ H ~ .0: '" a., . . i PAULA W, MCI'ARTLAND PLAINTIFF IN THE COURT 01' COMMON PLEAS 01' CUMI3ERL/\ND COUNTY. PENNSYLVANIA v, 1995-787 CIVIL ACTION LA W CHRISTOPHER S, MCPARTLAND DEFENDANT IN CUSTODY OIU)fm OF COURT AND NOW, Wednesduv. Junuu!1!5. 2005 ,upon considenuionol'lhe attuehed Complaint. it is hereby directed thaI punies and their respective counsel appear before Duwn S, Sunduy. ESII' . the eoncilintor, lit 39 West 1\1aln Slreet.1\1eehanlcsburg. I'A 17055 on Tuesdav. Februury Ot. 2005 at 9:00 A1\1 for a Pre-Hearing Custody Conference, At such eonferencc, an erlon will be made 10 resolve the issues in dispute; or iflhis cannot be accomplished, to deline and narrow the issues to be henrd by the court. and 10 elller into a tel11porul)' order, All children a~e live or older mny also be presenlUllhe conlercnce, I'uilure 10 nppellr utlhe conference may provide grounds lor entry 01' n tempornry or pemll1nenl order, The court hereby directs the pnrtles 10 furnish nllY aad all exlstlll~ Proteetloll from Abuse orders, Special RelicI' orders. and Custod~' orders to the cOllclllator 48 hours prior 10 scheduled hellrlllg. I'OR TilE COURT, By: /s/ DIIII'n S. SundLIJ', E~q. Custody ('olleillnlor The Courtol'COall110n Plells ol'Cumberlulld COUIll)' is required by law 10 cOl11pl)' wilh the Americnns with Disabilites Acl or 1990, I'or inlilnllutioll about nccessible lilellitics und rensolluble lIecol11modalions uvailable 10 disabled individuuls huving busincss bcl'ore lhe eourl, plense conlact our ollice, Allurrungel11cnls musI bc mude ulleast 72 hours prior 10 any hearing or business before the coun, Youl11uslnttcnd the scheduled conlerence or heuring, YOU SHOULD TAKE THIS PAPER TO YOUR A HORNEY AT ONCE, II' YOU DO NOT I'IA VE AN ATIORNEY OR CANNOT I\!'FORD ONE, GO TO OR TELEPHONE TilE OFFICE SET I'ORTH BELOW TO riND OUT WHERE YOU CAN GET LEGAL HELP, Cnl11berlund County Bur Assoelnlion 32 Sonth Bedford Slrcet Carlisle. Pennsylvania 17013 Telephonc (717) 249.3166 r :LED~()ll ;CL "1"11 ,.. I' ' 'I" '" ""'1'" Lit "I: -il.l^;",-,'.J,,-..~ f ZOGS J,\il-G hi 3: II C~;,\, , ,".:.:;ny i' '.', ,I i i.\" :,,\ /.~,tJs &t/"&~;~~~;t ~(~,-"!, /'1P'0 '?1~;t(d.JlvZ~ /'d?'c5 ~~ In:'-Jkt z: <'1f~'J7 , - -." '-.'~. --;-.,....,... .. --..-. '-.~.. -''':'-:-:'' f 1 \.:Ilst \ tcr.rlclLl ,\Tl.ll\l'tlll . JAN 0 3 illOo P" PAULA W. McPARTLAND, Plaintiff! Respondent v. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. /'1 'lr- ou7-81- CHRISTOPHER S. McPARTLAND, Defendant/ peti tioner CIVIL ACTION - LAW CUSTODY/VISITATION ORDER OF COURT AND NOW, this day of , 20 , upon eonsideration of the attached complaint, it is hereby direeted that the parties and their respective counsel appear before , the Coneiliator, at on the , 20 day of at , ___.M., for a Pre-Hearing Custody Conference. At sueh conference, an effort will be made to resolve the issues in dispute; or if this cannot be aecomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All ehi1dren 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. FOR THE COURT, By: 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PlI 17013 Tel';phone: (717) 249-3166 PAULA W. McPARTLAND, Plaintiff! Respondent v. IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA NO. 1~95- oQ78 '1- CHRISTOPHER S. McPARTLAND, Defendant/ Petitioner CIVIL ACTION - LAW CUSTODY/VISITATION NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the elaims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proeeed without you and a Decree of Divoree 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 divoree is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Offiee of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ~NT 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 Countv BAr Association 32 south Bedford Streee Carl isle. PA 17013-3307. Telephone: (717) 7.49-31(,6 f 1 \cusl \ tCGHI'tJd/lr PAULA W, McPARTLAND, Plaintiff! Respondent v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. (915" - 00181- CHRISTOPHER S. McPARTLAND, Defendant/ Petitioner CIVIL ACTION - LAW CUSTODY/VISITATION PETITION FOR MODIFICATION OF CUSTODY 1. The petitioner is CHRISTOPHER S. MCPARTLAND, an adult indi- vidual, residing at 800 Allen Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The respondent is PAULA W, MCPARTLAND, an adult individual, residing at 4120 Kittatinny Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Petitioner seeks to affirm partial custody of ZACHARY GAGE MCPARTLAND who resides at 4120 Kittatinny Road, Mechanicsburg, Cumber- land County, Pennsylvania, 17055. Zachary is Eleven (11) years of age having been born on October 12, 1993. The child was not born out of wedlock. The child is presently in the custody of the Respondent/Mother who resides with the Respondent. -1- During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATES Respondent Same as complaint The mother of the child is Paula W. McPartland currently residing at 4120 Kittatinny Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. She is divorced from petitioner and is not married. The father of the child is Christopher S. McPartland cur- rently resides at 800 Allen Street, New Cumberland, Cumberland County, Pennsylvania, 17070. He is married. 4. The relationship of petitioner to the child is that of father. The petitioner currently resides with the following persons: NAME RELATIONSHIP Elizabeth Stone Christopher B. S. McPartland Wife Son 5. The relationship of respondent to the child is that of mother. The respondent currently resides with the following persons: NAMF: RF:LATIONSHTP minor child -2- 6. petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the ehild in this or another court. Petitioner has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. petitioner does not know of a person not a party to the proeeedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The child has resided with the mother since birth who has provided a continuous living relationship with the child; (b) The Mother has continued to control the custody limit- ing time and access to the child since the parties split up over ten (10) years ago. (c) The Father is able to provide a stable home and family environment for the child, his half-brother and allowing the child opportunity to spend time with the child's mother consistent with a schedule the parties have arranged between themselves. (d) The Father would like to have shared custody of the child for the principal reason that he believes that the Mother has created an unhealthy environment and relationship between mother and son, whereby mother treats child like a peer, has little to no control -3- . ' over child, and routinely denies the father any flexible time when it does not suit her. Recently, the child's maternal grandmother has gone into a nursing home and his maternal grandfather's health has declined to the point where he is homebound. The mother spends a large amount of time carting her child along with her while she is taking care of her elderly parents, be it to a doctor's office or on other errands. Mother refuses to allow the father to relieve her burden by allowing the son to spend this time with him. Father is worried that the entanglement will adversely affect his son. 8. 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. WHEREFORE, petitioner requests the court to grant him shared custody of the child, STONE La FAVER /; e, ESQUIRE D. #60251 et, P.O. Box E , PA 17070 17) 774-7435 -4 - , ' Fl \<.:Ilat'! .~t!t I t ~ VERIFICATION CHRISTOPHER S. McPARTLAND, states that he is the Petitioner named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. 54904 relating to unsworn falsification to authorities. CHRISTOPHER S. McPARTLAND Date: \?-I1-'i Jde( , \ , Ie) ') . ~ ,-. ~ r' _T . .-.. I': .~ .. ,~,~ "! - ./ - ') <<).- '.- r:') ~-:; (n ,.~' ".. ;g: 0'':: " ~ . -.1 ~ __if! (') .;; r.:> . l~J t.LJc,. co) ':'.") ...J (.;liJ U r:.: lL' , ' e;, ;j ~j l1, .'r 1(:.. 0 c.:J :;i r-..,:) .-.., c) IV) ~ q- 1)0 Ie) ....... " ~ ~ \.J~ , tv r PAULA W, MCPARTLAND Pluintiff MAl? {) 4 200p^ IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 1(1)5-787 CIVIL ACTION LAW CHRISTOPHER S, MCPARTLAND Dcfcndant IN CUSTODY r l I ORDER OF COURT AND NOW, this J/L day of Vltl71 c.~ . 2005. upon considcration ofthc uuuchcd Custody Conciliution Rcport, it is ordcred and directcd us follows: 1. The Mothcr, Paulu W. McPartlund, und thc Futhcr, Christophcr S. McPurtlund, shull havc shurcd legal custody of Zachury Guge McPartland, bom October 12, 1993, Each purent shull have an equal right, to be exerciscd jointly with the other purent, to make ulllmtior non-emergcney decisions affecting the Child's general well-being including. but not limited to, all decisions regurding his health, cducationund religion, Pursuuntto the tenns of this puragruph euch purent shall be entitled to all records and infomlution pertuining to the Child including, but not limited to, school and medical records and infomlation, 2. The Mothcr shall have primary physical custody of the Child, " 3. The Futher shall have partial physieul custody of the Child on altemating weekends from Friday at 6:00 p,m, through Sunday at 8:00 p,m. Inuddition, during the school year, the Father shull have custody ofthe Child every Wednesday fromufier school until 8:00 p,m, During the summer school break, the Father shull huve custody of the Child on Thursdays preceding the Mothcr's wcckend periods of custody on Thursday fromufier work until 9:00 1',111. and during wecks preceding the Futher's weekend periods of custody from Thursduy uner work through thc Futhcr's ultemuting weckcnd pcriod through Sunday at 8:00 1',111, 4, Eueh party shall be cntitlcd to huve custody of the Child for thrce weeks ofvucation cuch yeur with no more thun onc wcek being sehcdulcd during the school yeur und no morc than two weeks to bc scheduled consecutively during the summer. Euch purty shall providc the other with utleust 30 days udvuncc noticc of his or her intention to schedule u pcriod of custody undcr this provision, Thc purty providing notice lirst shull bc cntitled to prefcrcncc on his or hcr selection of vucution dates, " . . ! >- l/') U,' In i;; ~ .. I}JL.l M =.5.r {.)r:~ ::t: ~~)~t) ft=-., Q.. ,,) 1,.' ~FC- 1"1> 0 CO . t:J fs= I "R ," u:UJ 0:: I.... ~ . ~ 000:: ,dlLl == ~~] 1.1- 1I_ .,., a 0 = <=> ,.., '\ 5, The parties shall share or altenlate having custody of the Child on holiduys as lollows: A. Christmas: The Christmas holiday shall he divided into Segmcnt A, which shall run from ancr schoolonthc last day of school hcfore thc holiduy through Christmas Eve at 10:00 p,m" and Segment 8, which shall run from Christmas Eve ut 10:00 p,m, through Christmas Day at 9:00 p,m, In odd numbcred ycars, the Father shall have custody of the Child during Scgment A and the Mothcr shall have custody during Scgment 8, In even numbercd YC:lrs, the Mother shull huve custody of the Child during Scgmcnt A und the Fathcr shall have custody during Scgmcnt 8, 8, Thanksl.dvinll: The Thanksgiving holiduy shall run from Thanksgiving Duy at 9:00 u,m, through the following Sunday ut 9:00 p,m, In odd numbered years, the Father shull have custody of the Child lor Thunksgiving and in even numbered ycars the Mother shall have custody ofthe Child for Thunksgiving, C. New Ycar's: In 2005 and 2006, the New Year's holiduy shall be dividcd into Segmcnt A, which shall run from New Year's Evc at 9:00 a,m, through Ncw Yeur's Day at 9:00 a,m" and Segment 8, which shall run from 9:00 a,m, until 8:00 P,I11, on New Year's Duy. For the years 2007 and 2008, the New Year's holiday shall be dividcd into Scgmcnt A, which shall nm from 9:00 a,l11. until 9:00 P,I11, on New Year's Evc. and Segment 8, which shall run from New Y car's Evc at 9:00 p,m, through Ncw Year's Duy at 8:00 p.m. For purposcs of this provision, the cntire New Ycar's holiday shall be decmed to fall within the same ycar as New Year's Eve. In odd numbered years. the Mothcr shall have custody of the Child during Scgment A and the Father shall have custody during Segmcnt B. In cven numbcred years, the Father shall have custody of the Child during Segmcnt A and the Mother shall havc custody during Segment B, Unlcss othcrwise agrccd, thc partics shall continue to alternate the New Ycar's holiday schedulc periods on a two-yeur basis as providcd in this Order. D, Easter: Thc Eastcr holiday shall all1 fromthc Saturday bcforc Easter at 8:30 p,m, through Eastcr Sunday at 8:00 p,m, Thc Mothcr shall havc custody of the Child for Eastcr in cvcn numbcred ycars and the Father shall huyc custody in odd numbcred ycars, E. Indencndcnce Dav: The Indcpcndcncc Day holiday shall run from July 3 through July 4, with thc spccific times to bc arranged by agrccment betwccnthe partics. The Mother shall have custody of the Child for Indcpcndcnce Day in odd numbercd ycars and the Father shall have custody in cvennumbered ycars. F. Mcmorial Dav/Labor Dav: In evcry ycar, the Fathcr shall havc custody of the Child for Mcmorial Day and the Mothcr shall have custody of the Child for Labor Day, The holiday period of custody under this provision shall run from Friday before the holiduy through the Monday holiday with the spceific timcs to bc urrungcd by ugreclllent, Thc partics shall coop crate in making uny nccessury udju5tments to this provision in the evcnt u speciul opportunity for thc Child arises ovcr the holiduy. G. Mother's Day/Father's Day: In every year, the Mother shull have cllstody of the Child on Mother's Duy IrOlnl):OO u,m, nntil8:00 p,m, and the Falher shall have euslody of the Child on Futher's Day froml):OO u,m, until 8:00 p,m, H, Parcnt's Birthdavs: Eueh purenl shull be entitlcd 10 Imve eustody of the Child for thc purent's birthday from aner school until 8:00 p,m, if the birthday falls on a school day and from 10:00 a,m, until 8:00 p.m, if the birthday falls on a weekend day, I. The holiday custody sehedulc shall supcrccdc and takc prccedcncc ovcr Ihc rcgular cuslody schcdulc, 6. Thc parties agrcc 10 cooperutc with each othcr in udjusting the arrangcments if necessary to accommodate family wcddings, funcrals, spccial occasions or emergencics, 7, In the cvcnt eithcr party intends to remove thc Child from the local arca for vacation, that party shall cnsure that the other party has a location or tclcphonc number whcre the Child ean bc contacted, 8. Thc partics shall sharc rcsponsibility for providing transportation for cxchangcs of custody as arrangcd by agrcemcnt. I), This Ordcr is cntcrcd pursuant to an agrccmcnt of thc partics at a eustody conciliation confcrcncc. Thc purtics may modify thc provisions of this Ordcr by mutual conscnt. In thc abscncc of mutual conscnt, thc tcnns of this Ordcr shall control. BY THE COURT, f/K ce:~ula W, McPartland, Mothcr ..-ccruld J. Shcklctski, Esquirc - COllnscl for Falhcr >~ ~~q.O.'.i PAULA W, MCPARTLAND PlaintilT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,I'ENNSYLVANIA vs. 1l}95-787 CIVIL ACTION LA W CHRISTOPHER S, MCPARTLAND Defcndant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8, the undersigncd Custody Conciliator submits thc following report: 1. The pcrtincnt infonnation conceming the Child who is thc subjcct of this litigation is as follows: NAME DATE OF BIRTH CURRENTLV IN CUSTODY OF Zachary Gage McPartland Octobcr 12, 1993 Mother 2. A conciliation confcrencc was hcld on March I, 2005. with thc following individuals in attcndance: Thc Mother, Paula W. MePartland, who is not represented by counscl in this matter. and thc Fathcr, Christopher S. McPartland, with his counscl, Gcrald Shckletski, Esquirc, 3, The parties agreed to entry of an Ordcr in the fonn as attached, with the exception of the New Year's holiday custody arrangements which arc as recommcnded by the conciliator reflecting a compromisc between the parties' preferenccs, Ih Cl"'-"-" J, ,;J.w5 Datc Dawn S. Sundl1Y, Esquire Custody Coneililllor '. ~ ~ .~ JUN ~ ~ 2010 PAULA W. McPARTLAND IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 1995-787 CIVIL ACTION LAW r~ ® C. i . C c~ °;7 ~.. '~' f. i C~ CHRISTOPHER S. McPARTLAND r__'`-,,;~= rim ,. Defendant IN CUSTODY ~ ~"i CJ'1 . c, T . _ ,_ _ 't~ _ ORDER OF COURT T ~ ~~~- ~ ~" ~ -' ~ {. ~.~~ - _~ N °ai ~' ~ -~ r AND NOW, this ~ ~ day of ~ ,~ n ~ 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 7, 2005 shall continue in effect as modified by this Order. 2. The Mother shall have a period of vacation custody with the Child from July 4 through July 7, 2010, which begins with the Mother's regular period of custody on July 1. The parties agree to exchange weekends so that the Father shall have custody of the Child during the weekend beginning June 25, 2010. 3. The parties shall participate in co-parenting counseling with a professional to be selected by agreement between the parities. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively address issues which have arisen with regard to the Child. 4. Neither party shall permit the Child to take his driver's test or obtain a driver's license without the written consent of both parents in advance. The parties shall cooperate in discussing and determining the appropriate timing for the Child to obtain his license. 5. 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. ]v~~sley Oler, Jr. cc: ~e Harrison Clou h Es uire -Counsel g ~ q Christopher S. McPartland -Father 1 E'S o'Yt~-~ ~~ ~r~~a l ~~ Mother J: PAULA W. McPARTLAND Plaintiff vs. CHRISTOPHER S. McPARTLAND Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1995-787 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Zachary McPartland October 12, 1993 Mother 2. A custody conciliation conference was held on June 3, 2010, with the following individuals in attendance: the Mother, Paula W. McPartland, with her counsel, Joanne Harrison Clough, Esquire, and the Father, Christopher S. McPartland, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached thereby resolving the Mother's Petition to Enforce Order for Summer Vacation and the Father's Cross Petition for Custody. Date Dawn S. Sunday, Esquire Custody Conciliator