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HomeMy WebLinkAbout01-4679JENNIFER A. DELL, Plaintiff JOHN R. DELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DWORCE AND CUSTODY : NO. 2001- 4t-~ ?qCIVIL TERM NOTICE TO DEFEND AND CLAIM R/GHTS 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 corot. 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 fights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request man/age counseling. A list of mamage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 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. 1F 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, PA 17013 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about 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 heating or business before the court. You must attend the scheduled conference or heating. JENNIFER A. DELL, Plaintiff JOHN R. DELL, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE AND CUSTODY : NO. 2001- c/6 ~TQ CIVIL TERM DIVORCE COMPLAINT WITH CUSTODY COUNT The plaintiff, Jennifer A. Dell, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce and custody: COUNT I DWORCE UNDER 23 Pa.C.S. §§3301(c) AND 3301(d) OF THE DWORCE CODE 1. Plaintiff is Jennifer A. Dell, whose current residence is confidential. 2. Defendant is John R. Dell, who currently resides at 7073 Carlisle Pike, Lot 154, Carlisle, Cumberland County, Pennsylvania, since 1995. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The plaintiff and defendant were married in the Summer of 1995 in Virginia. 5. Plaintiff and defendant have lived separate and apart since June 16, 2001. 6. There have been no prior actions for divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. WHEREFORE, Plaintiffrequests the court to enter a decree of divorce. COUNT II CUSTODY Plaintiff repeats and realleges paragraphs 1 through 8. Plaintiff seeks custody of the following child: Name Present Residence Jessica Robin Dell Confidential Age 2 years, 11 months (August 23, 1998) The child was not bom out of wedlock. The child is presently in the custody of Jennifer A. Dell, whose current residence is confidential. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address Jennifer A. Dell Confidential 7073 Carlisle Pike Lot 154 Carlisle, PA 17013 Dates June 17, 2001 to present August 23, 1998 until June 16, 2001 Jennifer A. Dell, John R. Dell, Linda Dell (Grandmother) The mother of the child is Jennifer A. Dell. She is married. The father of the child is John R. Dell. He is married. 11. the following persons: Name Linda Dell The relationship of the defendant to the child is that of father. The defendant resides with Relationship Mother 12. The relationship of plaintiffto the child is that of mother. The plaintiff currently resides with the following persons: Confidential 13. Plaintiff has participated as a party in other litigation concerning the custody of the child in this Court. Plaintiff filed a Petition for Protection from Abuse against Defendant on June 25, 2001 ( Cumberland County Court of Common Pleas Docket No. 01-3867). On June 26, 2001, The Honorable Edgar B. Bayley issued a Temporary Protection from Abuse Order, which included a provision for custody. The parties signed a Final Consent Order, made an Order of Court on July 25, 2001, which also includes a custody provision. A copy of the Final Order is attached hereto as Exhibit A. The terms in the Final PFA Order are consistent with the Custody Agreement and Order, which is signed by the parties and attached to this Complaint. Plaintiff has no other information of a custody proceethng concerning the child pending in a court of this Commonwealth, or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff is the primary caretaker of the child; b) Plaintiff provides the child with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c) Plaintiff has permitted and encouraged continuing contact between Defendant and the child and will continue to do so; Plaintiff is willing to accept custody of the child; Plaintiff continues to perform the parental duties and enjoys the love and affection e) of the child. 0 Plaintiff and Defendant have signed a Custody Agreement and Order, which is attached to this Complaint. 15. 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, plaintiffrequests the court to grant her shared legal custody and primary physical custody of the child and enter an Order in the form of the signed agreement attached hereto. RespecJfully submitted,_ ~-'/"Michelle L. Andersefff Certified Legal Intern ROBERT E. RA1NS TERI L. HENNING Supervising Attorneys FAM1LY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. ifer A. D 1~,, laintiff - ' ' .I~ENN][FER A. DELL, Plaintiff JOHN R. DELL, Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW · PROTECTION FROM ABUSE NO. 2001- 3867 CIVIL TERM FINAL ORDER OF COURT Defendant's Name: John R. Dell Defendant's Date of Birth: December 25, 1969 Defendant's Social Security Number: Unknown Names of All Protected Persons, including Plaintiff and minor ckildren: Jennifer A. Dell AND NOW, this ,~.._.D day of July, 2001, the Court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to the consent of the parties, which does not constitute Defendant's admission to the averments of. abuse in the petition, the following Order will be entered: Plaintiff's request for a final protection order is granted. Defendant shall not abuse, stalk, harass, or threaten the Plaintiff or any other protected person in any place where they might be found. Except for such contact with or regarding the nfinor child as ma>, be pe..rmitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person under this Order, at any location, including, but not limited to, any contact at Plaintiff's school, business, or place of employment. Except for such contact with or regarding the minor child as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons· Defendant is permitted to contact Plaintiff fbr the limited purpose of custody and child related isanes Pending conciliation or agreement of the parties, Plaintiff and Defendant shall share legal custody of their minor daughter Plaintiff shaH have primmy physical custody of the child, and Defendant shall have part/al physical custody as follows: a Alternating weekends fiom Friday at 6:00 pm. nntil Sunday at 6:00 pm., to begin on ~}~IL~ ~.'~, 2~91 Tuesday and Wednesday evenings from 4:00 p m. until &00 p m. Other times as agreed upon by the parties Custodial exchanges shall occur in the parking lot of the Kentucky Fried Chicken restanrant on Hanover Street in Carlisle. 5. All fees and costs are waived. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Middlesex Police Department Carlisle Police Department Pennsylvania State Police THIS ORDER SUPERCEDES [XJ ANY PRIOR PFA ORDER AND IX] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. All provisions of this order shall expire in eighteen months, on /2-,4~_~ 'cOZ _. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDI]IECT CREVIINAL CONTESIPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 12 Pa.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIN[ES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U;S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. 1F YOU TRAVEL OUTSIDE OF THE STATE ),aND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT; 18 U.S.C. §§2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CIt~CKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTYES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §922(G)~ FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this Order occurs OR where the defendant may be located. If defendant violated Paragraphs 1 through 3 of this Order an an'est may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until lumber Order of this Court, unless the weapons are evidence of a crime, in which case, they shall rema/n with the law enforcement agency whose officer made the arrest 'The H~n;~able~'~dgar B. Ba/ey/ This Order is entered pursuant to the consent of Plaintiff and Defendant: ~nifer A(~ell, Plaintiff M~-c-heil e-L Andea~Zon Certified Legal Intern for Plaintiff Dell, Defendant ROBERT E. PAINS TERi L. HENNENG Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 71%243-2968 Carlisle, PA 17013 717-243-4574 TRUI~ COP~t' FROM R,F. CORD In Te~ti~-)ny wflere~f, ,'1 here ur~to ~et my hand and t~ s~l of ~id ~,mat~Ca~ista, p~, JENNIFER A. DELL, Plaintiff JOHN R. DELL, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN DIVORCE AND CUSTODY NO. 01- ~'~9 CIVILTERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Jennifer A. Dell, Plaintiff, to proceed in forma pauperis. I, Michelle L. Anderson, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. (_/l~chelle L. Certified L?_._~,gal Intern THOMAS M. PLACE TERI L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 JENNIFER A. DELL, Plaintiff JOHN R. DELL, Defendant AUG 0 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01- ~'~ CIVILTERM CUSTODY AGREEMENT AND ORDER THIS AGREEMENT, madethis Z~v'd dayof )~,1~ ,2001, between Jennifer A. Dell, hereinafter Mother, and John R. Dell, hereinafter Father, concerns the custody of their child, Jeasica Robin Dell, bom August 23, 1998. Mother and Father desire to enter into an agreement as to the custody of their chid. Mother and Father agree to the following: 1. Mother and Father shill share legal custody of Jessica. 2. Mother shill have primary physical custody of Jessica. 3. Father shill have partial physical custody of Jessica as follows: a. Father shall have physical custody of Jessica every other weekend, beginning July. ~-~ 2001 from Friday at 6 p.m. until Sunday at 6 p.m.. b. Father shall have physical custody of Jessica every Tuesday and Wednesday evening, beginning July ~ [ ,2001, from 4:00 p.m. until 8:00 p.m.. c. Holidays. The holiday schedule shall supersede the normal custodial schedule. 1) 2) 3) 4) Beginning Labor Day, September 3, 2001, Mother and Father shall alternate custody of Jessica on the following holidays: Memorial Day, Fourth of July, and Labor Day. The t'maes for the holidays in this paragraph shall be from 9:00 a.m. until 7:00 p.m.. Thanksgiving. Mother and Father shall alternate custody of Jessica on Thanksgiving Day from 9:00 a.m. until 7:00 p.m.. In odd numbered years, Father shall have custody of Jessica on Thanksgiving Day, in even numbered years, Mother shall have custody of Jessica on Thanksgiving Day. Christmas. Mother and Father shall alternate custody of Jessica on Christmas as follows: The Christmas holiday will be divided into two time periods each year. Period "A" will be December 24t~ at noon until December 25th at noon. Period "B" will be December 25~ at noon until December 26t~ at noon. In odd numbered years, Mother will have custody of Jessica during Period B, and Father will have custody during Period A. In even numbered years, Mother will have custody of Jessica during Period A, and Father will have custody during Period B. Easter. The Easter holiday will be divided into two time periods each year. Period "A" will be Easter Sunday from 8:00 a.m. until 2:00 p.m.. 2 5) Period "B" will be Easter Sunday from 2:00 p.m. until 8:00 p.m.. Mother shall have custody of Jessica during Period A, and Father shall have custody of Jessica during Period B. Mother shall have custody of Jessica each Mother's Day beginning at 9:00 a.m., and Father shall have custody of Jessica each Father's Day from 9:00 a.m until 6:00 p.m.. All other times as agreed by the parties. 4. Mother and Father shall be entitled to reasonable telephone access with the child while the child is in the other's custody. 5. Mother and Father shall notify the other of all medical care the child receives while in that parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 6. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 7. Custodial exchanges shall occur in the parking lot of the Kentucky Fried Chicken restaurant on Hanover Street in Carlisle. 8. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. Jo~ R. Dell, Defendant Es rare Hubert X. GiljaSy, q ' Broujos & C~lroy, P.C. 4 North Hq/aover Street Carlisle, PA 17013 k~i-ch~ll-e L. Andersc~g,/ - - Certified Legal Intern ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ORDER AND NOW this q~ day of ~ ,~ ,-, Agreement is approved and entered as an Order of Court. ,2001, the above Custody JENNIFER A. DELL, Plaintiff JOHN R. DELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NO. 01-4679 CIVIL TERM PROOF OF SERVICE Understanding that the making of any false statement would mbject her to the penalties of 18 Pa. C.S. §4904 (relating to unswom falsification to authorities), the undersigned verifies that Michelle L. Anderson mailed a true copy of the Divorce Complaint with Custody Count on the Defendant by placing the same in the U.S. Mail, certified no. 7099 3400 0018 4996 9442, restricted delivery, return receipt requested, postage prepaid, on the 7~ day of August, 2001 addressed as follows: John R. Dell 7073 Carlisle Pike, Lot 154 Carlisle, PA 17013 Sender's receipt no. 7099 3400 0018 4996 9442 is attached hereto and incorporated by reference. On or about the 17t~ day of August, 2001, green return receipt no. 7099 3400 0018 4996 9442 was delivered to the Family Law Clinic, bearing the signature John R. Dell and showing a date of service of August 16, 2001. The return receipt is attached hereto and incorporated by reference. /Dad (,,,/l~i[helle L. Ana~rson Certified Legal Intern · Complete items 1.2, and 3. Also complete A. Recei,~d by ~We~e ~r/nt C/eaSy) item 4 if Restricted Delivery is desired. · Print your name and address on the reverse SO that we can return the card to you. II °' n, · Attach this card to the back of the mailplece, II X ~d) D q/. VI or on ~he f~ont If Si:moo p~'mit~. ! - D : Receipt f~ 2. Nticle Number (Copy fmm ~/eb~ ", - ~ PS Form 381 1~ Ju~y 1999 Dome~c Return R~pt ~o ~ Postage Cefiified Fee Return Receipt Fee {Endorsement Required) Restricted Delivery Fee (Endorsement Required) I'/o