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HomeMy WebLinkAbout02-5697 FRANK S. PIGEON, JR., V. JANINE MARIE PIGEON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. CIVIL IN DIVORCE N~OTIC~E 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 he 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 v~s~tat~on of your children. When the ground for the divorce is indignities or irreMevable 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 Carlisle. House, High and Hanover Streets, 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 N~O~T. HAVE A LAWYER OR C ,T~C)~ _YOUR LAWYER AT ONC OrvlCE SET r~t~,~ ..... ANNOT AFFuRD ONE c~ 'rr~ ,-, ..... E. IF YOU DO F,-,~x~ra t~LLOW TO FIND ~ ~r ~x. .... L.G_'-' -'-' ,-,K ~eLEPHONE THE O,~. vvnn~e. YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 FRANK S. PIGEON, JR., V. JANINE MARIE PIGEON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW NO. 02-..~?~ ~ CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE C~OD~ 1. Plaintiff is Frank S. Pigeon, Jr., who currently resides at 615 Liggett Road, Carlisle, Cumberland County, Pennsylvania 17013, and has resided there since August, 2000. 2. Defendant is Janine Marie Pigeon, who currently resides at 615 Liggett Road, Carlisle, Cumberland County, Pennsylvania 17013, and has resided there since August, 2000. 3. Plaintiffand Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on May 5, 1997 in Panama City, Panama. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff 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 in Divorce. 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: Attorney for Plaintiff 50 E. High Street Carl/s/e, PA 17013 (717) 258-8558 Supreme Court ID #73471 _~~%SATISFIED~FU L L ..DEBT, "NTE '~-;~~TS, FRANK S. PIGEON, JR., JANINE MARIE PIGEON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND' COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02- ~r~oGI'~ CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this c~"/~ day of November, 2002, I, Deborah L. Gordon, hereby swear that the Defendant, Janine Marie Pigeon, was served a true copy of a Complaint in Divorce by handing a copy of said document to him personally at the Law Offices of Paul Bradford Orr, located at 50 East High Street, Carlisle, Pennsylvania, where she appeared to voluntarily to pick up said documents. LAW OFFICES OF PAUL BRADFORD ORR By: Deborah L. Gordon, ~Legal Assistant 50 East High Street Carlisle, PA 17013 (717) 258-8;558 FRANK S. PIGEON, JR., JANINE MARIE PIGEON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-5697 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 27, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: FRANk S. PIGL~N, Pla~ti FRANK S. PIGEON, JR., JANINE MARIE PIGEON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-5697 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are tree 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. ~~ [~IG[ ~/NN~JR., Plaintiff 7~- ~ _~ FRANK S. PIGEON, JR., JANINE MARIE PIGEON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-5697 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 27, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce alter service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: FRANK S. PIGEON, JR., JANINE MARIE PIGEON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-5697 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry ora final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to mc immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein arc made subj eot to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~'~0__.~0 ~.o,C~ 0 ' MA~-I'~'Pf(JEON,'~¢~d~mt FRANK S. PIGEON, JR., JANINE MARIE PIGEON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-5697 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THEPROTHONOTARY: decree: Transmit the record, together with the following information, to the Court for entry of a divorce 1. Ground for divorce: irretrievable breakdown under Section 3301 (c). 2 Date and manner of service of the complaint: Defendant was served a true copy of a Complaint in Divorce by handing document to her personally at the Law Offices of Paul Bradford Orr, located at 50 East High Street, Carlisle, Pennsylvania. Service made by Deborah L. Gordon, Legal Assistant. 3. Date of execution of the affidavit of consent required by Section 330 l(c) of the Divorce Code: by the Plaintiff April 20, 2003; by Defendant May 6, 2003. 5. June 3 ,2003. 6. June 3 ,2003' Related claims pending: NONE Date Plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Dated: Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Res~~t~[ ~ By: ' 3 Bradf?d :, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court I.D. No. 71786 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of .~~ pIENNA- FRANK S. PIGEON, JR. Plaintiff VERSUS J~NIN~ MARSE PIGEON Defendant N o. 02-5697 DECREE IN AND NOW, ~~6 ,~0~ $ ~'R~D AND DECREED THAT FRANK , PLAINTIFF, AND dANINE MARIE PIDEON ,DEFENDANT, ARE D]VORCED FROM THE BONDS Of MATRIMONY. THE: COURT RETAINS JURISDICTION OF THE FOL. LOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; '/ /-- ' 0 PROTHONOTARY FRANK S. PIGEON, JR. Plaintiff/Petitioner JAN1NE MARIE PIGEON Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : CUSTODY/VISITATION : NO. 03- ~'~(~ CIVIL TERM EMERGENCY PETITION FOR SPECIAL REI.IEF TO PREVENT REMOVAL OF CIHI,D FROM JURISDICTION I. Petitioner is FRANK S. PIGEON, JR., Plaintiff in thc above-captioned matter who currently resides at 615 Liggett Road, Carlisle, Pennsylvania.. Respondent is JAN/NE MARIE PIGEON, Defendant above-captioned matter who currently and temporarily resides at 12006 Paradon Road, Reistertown, Maryland 21117. 3. 4. entire 1 life. 7. 8. 9. The parties are married, but have been separated since October 3, 2000. There is one (1) minor child of the marriage, ROMEO SEBASTIAN PIGEON, age two (2) years, date of birth: February 15, 2001. 5. The Petitioner is simultaneously filing a Complaim for Custody. The Petitioner has been the primary caregiver of the child. The child has resided in the Carlisle, Cumberland County, Pennsylvania area his The child's pediatrician is located in Cumberland Connty, Pennsylvania. Petitioner has a close and loving bond with the child. On or about Jnne 16, 2003, the Respondent by way of apparent subterfuge, appeared at Petitioner's military residence and claimed she wanted to reconcile the marriage. 10. At no time did Respondent contact her own legal counsel to halt divorce proceedings. 11. Although informed by Petitioner's connsel that a Divorce Decree had already been issued on June 16, 2003, by the Honorable George E. Hoffer, President Judge of the Cumberland County Court of Commnn Pleas, Respondent insisted that the parties were still married. 12. While Respondent had vacated the marital home and abandoned the minor child leaving child with Petitioner on or about August 15, 2002, she suddenly removed the child from the residence of the Petitioner on June 24, 2003, as soon as Petitioner left for work. 13. Petitioner has had one phone call from Respondent's ex-roommate confirming that the minor child is "with her", she refused to inform Petitioner of her whereabouts, and more importantly, the whereabouts of the minor child. 14. While Petitioner believes that Respondent is temporarily residing at 12006 Paradon Road, Reistertown, Maryland 21117, with the child, Respondent and sister may be returning to the Carlisle area Saturday, June 28, 2003. 15. Since the Respondent had left the jurisdiction with the child, the Petitioner is denied his custody rights, and will be denied the comfort and companionship of the child. 16. The removal of the child fi.om the jurisdiction is not in the best interest and welfare of the child. 17. The Petitioner will be irreparably harmed should the Respondent remove the child from the jurisdiction. WltEREFORE, the petitioner respectfully requests that temporary and permanent injunctions be issued to prevent the Respondent fi.om relocating the child to a new residence and immediately return the minor child to Cumberland County, Pennsylvania until further order of this Court. Date: Respectfully submitted, By' Paul Bradford ~, Esqmre Attorney for Plaintiff/Petitioner 50 East High Street Carlisle, PA 17013 Telephone (717) 258-8558 Supreme Court I.D. No. 71786 VERIFICATION I verify that the statements made in the foregoing Petition for Emergency Relief 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. Frank S. P~(on, Jr., Petitioner FRANK S. PIGEON, JR., Plaintiff V. ' .- JANINE MARIE : PIGEON, : Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5697 CIVIL ACTION ORDER OF COURT AND NOW, this 27t~ day of June, 2003, upon consideration of Plaintiff's Emergency Petition for Special Relief To Prevent Removal of Child from Jurisdiction, this matter is referred to the custody conciliation process pursuant to Cumberland County Rule of Procedure 1915.12-1, and the Court Administrator is requested to facilitate and expedite this referral. PENDING the conciliation conference, the parties shall have alternating weekly custody of the child with Plaintiff's custody week to begin June 28, 2003. BY THE COURT, yWesley Olcir~., J. Paul B. Orr, Esq. Attorney for Plaintiff ~'~ 0~ Janine Marie Pigeon Defendant, Pro Se Cumberland County Court Administrator :rc FRANK S. PIGEON, JR. : PLAINTIFF : : V. JANINE MARIE PIGEON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5697 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 27, 2003 , 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, July 08, 2003 at 8:30 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 def'me 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 TIlE COURT. By: /s/ ]acqueline 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 tl'te 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 TELEPItONE 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 LLNn©o q~,l JUL 10 FRANK S. PIGEON, JR., Plaintiff V. JANINE MARIE PIGEON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 2002-5697 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT consideration of the attached Custody Conciliation Report, it follows: ,2003, upon is ordered and directed as 1. The prior Order of Court dated June 27, 2003 is hereby vacated. 2. The Father, Frank S. Pigeon, Jr., and the Mother, Janine Marie Pigeon, shall have shared legal custody of Romeo Sebastian Pigeon, born February 15,2001. Each parent shall have an equal right, to be exemised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. Father shall have primary physical custody of the Child. 4. Mother shall have partial physical custody of the Child as follows: A. Every summer from June 1 to August 3 I. During this time period Father shall have physical custody of the Child on alternating weekends, from Friday at 7:00 p.m. to Sunday at 7:00 p.m. For the summer of 2003, Father's weekend custody shall commence July 18, 2003. B. From August 31to June 1, Mother shall have alternating weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. C. In addition to the custodial periods set forth below, Mother may have periods of physical custody at such other times as the parties agree. 5. Each party shall be entitled to one uninterrupted week during the year provided they give the other parent at least 30 days prior notice of exercising this provision. 6. The Thanksgiving holiday shall run from Wednesday evening to Sunday evening at times agreed by the parties. The parties shall alternate physical custody of the Child during the Thanksgiving holiday with Mother having the Thanksgiving holiday for 2003. 7. The Christmas holiday shall be divided into two Blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall run from 12:00 noon Christmas Day to December 26 at 12:00 noon. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Bock A in even numbered years and Block B in odd numbered years. 8. Easter shall be alternated with Mother having physical custody of the Child in even numbered years and Father having physical custody of the Child in odd numbered years at times agreed by the parties. 9. Mother shall have physical custody of the Child on Mother's Day at times agreed by the parties. Father shall have physical custody of the Child on Father's Day at times agreed by the parties. 10. schedule. The holiday schedule shall take precedence over the alternating weekend 11. the Child. Transportation shall be shared such that the receiving party shall transport 12. Either party may temporarily remove the Child from Pennsylvania or Maryland provided they advise the other party and provide a telephone number and address where the Child may be reached. 13. Neither party may relocate the child beyond a fifty mile radius of their current residence without prior Order of Court. 14. 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~e~ley Oler, J~ cc: Paul Bradford Orr, Esquire, Counsel for Father Janine Marie Pigeon, pro se 12006 Tarragon Road G.~ ~ Reistertown, MD 21136 FRANK S. PIGEON, JR., Plaintiff V. JANINE MARIE PIGEON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-5697 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: J. Wesley Oier, Jr., J. 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 Romeo Sebastian Pigeon DATE OF BIRTH February 15, 2001 CURRENTLY IN CUSTODY OF Father 2. A Conciliation Conference was held in this matter on JOy 8, 2003, with the following in attendance: The Father, Frank S. Pigeon, Jr., with his counsel, Paul Bradford Orr, Esquire and the Mother, Janine Marie Pigeon, pro se. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. on June 27, 2003 providing for alternating weekly physical custody. 4. The parties agreed to an Order in the form as attached. Date Custody Conciliator FRANK S. PIGEON, JR., Plaintiff JANINE MdiRIE PIGEON, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-5697 CIVIL ACTION-LAW IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY 1. The prior Order of Court dated July 11, 2003 is hereby vacated. 2. The parties hereby agree to share legal custody of the/r minor child, Romeo Sebastian Pigeon, bom February 15, 2001. All decisions affecting the child's growth and development inducting, but not limited to: choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 3. Father shall havre primary physical custody of the Child and the parties agree that Father may relocate with the Child to Texas. 4. Mother shall have partial physical custody of the Child as follows: a. Mother will have custody for the summer (June thru September) commencing within one week of the end of the school year and terminating within two weeks prior to the beginning of the next school year. b. In the odd numbered years, Mother will have custody of the Child during the Chrismaas/New Year's holidays. In even numbered years Mother will have custody of the Child during the Thanksgiving holidays. This will be arranged with respect for the school schedule while always attempting to arrange for a visit ora minimum of 7 days. c. Father will pay the transportation cost of the child and be re'mabursed by Mother for 1/2 of the cost. The receiving party shall be responsible for escorting the Child or for making acceptable arrangements for the Child. If the receiving party escorts the child, that party pays for their own transportation. d. Other periods of custody as the parties shall mutually agree. This Stipulation Shall be entered as an Order of the Court, Frank S. Piton, Jr., Plaintiff John &,Aborn, A~tof~ney for Plaintiff BY THE COURT: Date: O FRANK S. PIGEON, JR., : Plaintiff : IN THE COURT OF COMMON PLEAS CUMBEPd~LND COUNTY, PA NO. 02-569'7 JANINE MARIE PIGEON, : Defendant : CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this _~ day of 2. e,o attached Custody Stipulation is hereby made an Order of Court. BY THE COURT./'~ ..-~ Cc: John A. Aborn, Esquire