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HomeMy WebLinkAbout01-4540RENEE L. MCKENNA, PLAINTIFF, ALBERT S. MCKENNA, DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : IN DIVORCE ORDER You are ORDERED to appear in person in the Custody Mediation Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, on , at o'clock a.m./p.m, for a Custody Mediation Conference. If you fail to appear as provided by this Order, an Order for Custody may be entered against you or the Court may issue a warrant for your arrest. 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, PA 17013 (717) 240-6200 FOR THE COURT, By: Custody Conference Officer Date of Order: Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff RENEE L. MCKENNA, PLAINTIFF, ALBERT S. MCKENNA, DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. :NO. /-z/ 4e2 ff_ d/ : : : IN DIVORCE NOTICE TO DEFEND AND CLAIMS 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, 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 choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling 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, 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 LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & WlCKERSHAM 315 North Front Slzeet, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney. for Plaintiff RENEE L. MCKENNA, PLAINTIFF, V. ALBERT S. MCKENNA, DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO $3301(a'}(6'} AND §3301(c) OR §3301(d) OF THE DIVORCE CODE AND NOW COMES the Plaintiff, Renee L. McKenna, by her attorneys, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham, and states the allegations of this Complaint, as follows: COUNT I DIVORCE UNDER §3301(c) OR §3301 (d) OF THE DIVORCE CODE 1. The Plaintiff, Renee L. McKenna, is an adult individual who currently resides at 5328 Oxford Circle, Apartment 25, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Albert S. McKenna, is an adult individual who currently resides at 1002 Apple Drive, Mechanicsburg, Pennsylvania 17055. 3. The Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Peunsylvania for at least six months immediately previous to the filing of this Complaint. Pennsylvania. 5. The Plaintiff and Defendant were married on April 10, 1999, in Exton, Plaintiff avers that there is one child of the parties under the age of 18, namely Alana Made McKenna, bom August 18, 1999. 6. The Plaintiff and Defendant are both citizens of the United States 7. Neither the Plaintiff nor the Defendant are active members of the Armed Forces of the United States of America or any of its allies. 8. The Plaintiff avers that she has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 9. as follows: The causes of action of the Divorce Code under which Plaintiff is proceeding are, A. Section 3301(c): The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed fi.om the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. B. Section 3301(d): The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about June 18, 2001. 10. No written separation agreement concerning the division of madtal property between Plaintiff and Defendant has been made. 11. The parties may enter into a written agreement with regard to property division, in which case such agreement may be merged or incorporated into the Final Decree of Divorce. 12. There have been no prior actions of divorce or annulment between the parties with any Court in this Commonwealth. WHEREFORE, the Plaintiff respectfully requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT II DIVORCE UNDER SECTION 3301(a)(6) OF THE DIVORCE CODE 13. Plaintiff repeats and realleges the averments of paragraphs 1 through 12 which are incorporated by reference. 14. The Plaintiff, Renee L. McKenna, has suffered such indignities to her, the innocent and injured spouse as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully request this Court enter a divorce pursuant to §3301(a)(6) of the Divorce Code. COUNT m CUSTODY 15. Paragraphs 1 through 14 are hereby incorporated by reference. 16. The child, Alana Marie McKenna was not bom out of wedlock. 17. Plaintiffbelieves that the best interest of the parties' child, Alana Marie McKerma, will best be served by confn'ming custody of the child with the Plaintiff/Mother. 18. Alana Marie McKenna is presently in the custody of Plaintiff, Renee L. McKenna, at 5328 Oxford Circle, Apartment 25, Mechanicsburg, PA 17055. 19. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of either child or claims to have custody or visitation rights with respect to the child. 20. The best interest and permanent welfare of the children will be served by granting the relief requested, primary physical custody in the PlaintiffJMother for the reasons set forth, as follows: (a) (b) Plaintiff is the natural mother of the children. Plaintiff is the child's primary care-giver, taking the primary responsibility to provide meals, purchase clothing, and provide constant attention to her vital and personal needs. (c) The Plaintiff will provide the child with the best, stable nurturing environment. WHEREFORE, Plaintiff/Mother respectfully requests that primary physical and legal custody of the child be granted to the Plaintiff/Mother. BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: Jei~r[y R. Boswell, Esquire DATE: July 26, 2001 ~ERIFICATION I, Renee L. McKenna, 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 belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. i 5,m L. X_UNNA DATE: July ~d.12_, 2001 RENEE L. MCKENNA PLAINTIFF V. ALBERT S. MCKENNA DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4540 CIVIL ACTION LAW IN CUSTODY AND NOW, Wednesday, August 01, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, PA 17055 on Thursday, August 30, 2001 at 11:00 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, T1NTNER, PICCOLA & WICKERSHAM 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff RENEE L. MCKENNA, PLAINTIFF, ALBERT S. MCKENNA, DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4540 CIVIL IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF DAUPHIN : Jeffrey R. Boswell, Esquire, being duly sworn according to law, deposes and says that I am a competent adult, and that I mailed a copy of the Complaint in Divorce on the Defendant, Albert S. McKenna, on July 30, 2001. The Defendant received the Complaint on or about August 3, 2001, as evidenced by the a~tached return receipt card attached hereto. Sworn to and subscribed before me this 15th day of August, 2001 My Commission Exoires: Not~rial Seal Connie L Hardy, Notar~ Public Han'feburg, Dauphin r~unty_ Cornml~lo~ F. xplres Feb. 10, ~ef~ey R. Boswell, Esquire 8o tflat we elm rebxn the can:l to you. · Attach this card to the back of the mallp~, or on t~e ~,c~ If space permits. 1002 APpT.~ IIBCBXN'rcsm]*BG 1)A 17O55 f~ from Item 17 DYes If YE~. enter delivery address below: [] NO 3. 8e~vloe ~ ~ Ce'tiffed MM [] Exp~M Mail I-I Registemcl [] Return Receipt f~ Memharld/l [] In~ Mail [] C.O.D. 4 ReeUlcted DMivet7? (Ex~a Fee) [~Ye~ PS Form 3811, July 1999 Domestic Return Recei=t 102505-00-M-0952 RENEE L. MC KENNA, Plaintiff VS. ALBERT S. MC KENNA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4540 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this [o ~C'day of ~o \~ ~--~e.)' ,2001, upon consideration of the attached Custody Conciliation Report it is ordere~l ~nd directed as follows: 1. The Mother, Renee L. McKenna, and the Father, Albert S. McKenna, shall have shared legal custody of Alana Made McKenna, bom Augast 18, 1999. Each parent shall have an equal right, to be exercised 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 her health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on a liberal basis as arranged by agreement of the parties upon providing at least 24 hours notice to the Mother. In addition, the Father shall be entitled to have custody of the Child on the second weekend of each month from Saturday at 9:00 a.m. through Sunday at 7:00 p.m. for the purpose of taking the Child to the Father's parents' home in Philadelphia. The Father shall advise the Mother by the first day of each month as to whether he intends to exercise his right to custody on the weekend. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Mother shall have custody of the Child on Christmas Eve through Christmas Day at 5:00 p.m. and the Father shall have custody from Christmas Day at 5:00 p.m. through December 26 at 7:00 p.m. B. THANKSGIVING: In every year, the Mother shall have custody of the Child until 3:00 p.m. on Thanksgiving Day and the Father shall have custody from 3:00 p.m. until 7:00 p.m. C. EASTER: In odd numbered years the Father shall have custody of the Child from the Saturday before Easter at 9:00 a.m. through Easter Sunday at 7:00 p.m. The Mother shall have custody of the Child over the Easter weekend in even numbered years. When the Father has a weekend period of custody under this provision for Easter, the period of holiday custody shall take the place of the Father's regular monthly weekend period of custody. In years when the Mother has 60:1 l~cl IId~$10 A~¢ZON~.-.~..?:~ :i-iL ~0 custody of the Child over the Easter weekend during what would have been the Father's weekend period of custody, the parties shall cooperate in rescheduling the Father's monthly weekend period of custody. D. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 7:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m. E. CHILD'S BIRTHDAY: In every year, the Father shall be entitled to have custody of the Child for up to 4 hours on the Child's birthday, with the specific times to be arranged by agreement of the parties. F. The parties shall share or alternate having custody of the Child on the remaining holidays as arranged by agreement. 5. The noncustodial parent shall be entitled to have liberal and reasonable telephone contact with the Child. 6. Neither party shall use illegal substances or drink alcohol to the point of intoxication during his or her periods of custody with the Child. Both parties shall ensure that all third parties having contact with the Child comply with this provision. 7. Each party shall ensure that the other party has his or her current address and telephone number. 8. In the event either party removes the Child from his or her residence for an overnight period or longer, that party shall provide the other party with a telephone number and address where the Child can be contacted in an emergency. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. 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, -.~ ,' cc: Jeffrey R. Boswell, Esquire, Counsel for Mother . - Albert S. McKenna, Father ~ ~ ~-I/.ol RENEE L. MC KENNA, Plaintiff VS. ALBERT S. MC KENNA, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 01-4540 C1VIL ACTION LAW : 1N 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 Alana Made McKenna August 18, 1999 Mother 2. A Conciliation Conference was held on August 30, 2001, with the following individuals in attendance: The Mother, Renee L. McKenna, with her counsel, Jeffrey R. Boswell, Esquire, and the Father, Albert S. McKenna, who was not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the f~ as attached. Date-- - ' "' ' Dawn S. Sunday, Esquire Custody Conciliator RENEE L. MCKENNA, PLAINTIFF, ALBERT S. MCKENNA, DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4540 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 2001. 2. A complaint in divorce under § 3301(c) of the Divorce Code was filed on July 27, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divome 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 unswom falsification to authorities. /'_ ~tENEE~/.. ~MCKENN~A RENEE L. MCKENNA, PLAINTIFF, ALBERT S. MCKENNA, DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4540 CIVIL : : : 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 tmderstand 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 tmtil 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 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. ; R~'N~E L. MCKENNA DATE: RENEE L. MCKENNA, PLAINTIFF, V. ALBERT S. MCKENNA, DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 01-4540 CIVIL ; ; : IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 2001. 1. A complaint in divorce under § 3301 (c) of the Divorce Code was filed on July 27, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of 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 unswom falsification to authorities. DATE: RENEE L. MCKENNA, PLAINTIFF, ALBERT S. MCKENNA, DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4540 CIVIL ; : 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 unswom falsification to authorities. MC NNA .ORS AT LAW PA 17108-0741 Jeffrey R. Boswell, Esquire Supreme Court [. D. No. 25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Sheet P. O. Box 741 I lam sbm g, PA 17108-0741 Telephone: (717) 236-9377 Facsimile: (717) 236-9316 Attorney for Plaintiff RENEE L. MCKENNA, PLAINTIFF, ALBERT S. MCKENNA, DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBER1,AND COUNTY, PENNSYLVANIA : NO. 01-4540 CIVIl, : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with thc following in['omlation, to thc (_ourt fo entry of a divorce dccrec: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. (Check applicable section). 2. Date and mm~ner of service of the Complaint: Mailed July 30, 2001 - Certified Mail, and received on or about August 3, 3001.; mid mailed July30, 2001 - First Class Mail 3. (Complete either paragraph (a) or (b)). (a). Date of exccution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: 11/08/01 by Plaintiff; 11/08/01 by Dcfendm~t (b). (1) Date of execution of thc Plaintiff's affidavit required by Section 3301 (d) of thc Divorce Code: N/A; 4. Related claims pending: None 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Not Applicable. (b) Date plaintiff's Waiver of Notice was filed with the prothonotary: December 6, 2001. (c) Date defendant's Waiver of Notice was filed with the prothonotary: December 6, 2001. JEFF~L, ESQUIRE Attorney for (x) Plaintiff ( ) Defendant Dated: December 6, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ,~ PENNA. Versus AT.~ERT S. MCKENNA DECREE IN DIVORCE AND NOW, ...D.e.c..-.,...h~.r.... ............ l I , ~J[. 2001. it is ordered and decreed that ..... .~.e.Ae.e...L.. ~..c.K.e..m~..a ...................... plaintiff, and Albert S. McKe~a 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;