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HomeMy WebLinkAbout97-05550 ~ " ~ " ,).". '" o o ~ " 'f :lo .J q; \) ~ "l ~ , I i . ) . ,..... ~ ~ ______~__~__*_a.~___~~~~_~__~~~ * -,_._-,--_._..------~,'.._.. ,,~.......,,~..__.._--- @ , . ~ IN THE COURT OF COMMON PLEAS 8 8 8 8 OF CUMBERLAND COUNTY ~ 8 . · 8 ~ · S STATE OF ~~ PENNA. @ 8 · 8 STEPHANIE L. GOODYEAR, II 8 8 Plaintiff '; No".. 9.7-:-S??Q ..............,.. 19 8 8 :i · 8 Vcrs"s Ii · : BRYAN I\: . GOODYEAR, Defendant ' .... II : 8 ~ ~ DECREE IN ~ . DIVORCE : : \,,~~ 8 I AND NOW. ,~I.\,~,,'~:'!-'~'l'.l. \)",..,.,. 19. ~~.o,~, It Is ordered and ~ ... decreed that., .s.~~pr."'I)~~. ,It.. ~,qQc;lY~.cl1;" ..""."""",,", plaintiff. ~ '" ~ . and ..13.z:y."\1, x., GAQdye.ar:.......... ." ........ ..... ......... defendant, ~ . are divorced from the bonds of matrimony. ~ : The court retains jurisdiction of the following claims which have 8 8 been raised of record in this action for which a final order has not yet ' ~ been entered; 8 . ~ . 8 . ' . . .. . , ... . . . . . . . , , ., . .," ' . " '/" 'i' ' , , , . " , . , , . . . , , , , , . . , : I D,'1\h.!C!cw!: i Au,.., '$\ . .. ..... J. l ~ _ _ _ _ _ _ _ _ _= _ ...,...-..-,. ..-~-.........:':~~:-..J 1?J'.Vltl ~ 'l ~.. '_ ,., '" A1;' ;~.~;! .~,.i\.;. \~~~r..'3:1 .' ';':'-//:1:) ~.. ~. ." ., .j 'c. I":] 01 . IIii' G'J It.' "., ~ .oJ , '. . ~ STEPHANIE 1.. GOODYEAR, Plainti ff : IN TIlE (,OUR r OF ('OMMON PLEAS OF : ('UMBERI.ANDCOUNTY, PENNSYLVANIA VS. : NO, 7'7- .s'5',S c. BRYAN K.GooDYEAR. Defendant : IN CUSTODY STIPIII ATION WHEREAS. the parties have reached an agreement as to the custody and visitation of the child, born to the parties, BRANDON KEITH GOODYEAR, and wish a cou~ order to renect that agreement; THEREFORE, with due consideration for the welfare of said child both parties. hereby agree as follows to wit: I, Majority Custody of said child, BRANDON KEITH GOODYEAR, and visitation of said child shall be deternlined by an agreerncnt executed by the parties hereto, attached hereto as Exhibit "A", and made a part hereofand incorporated herein by reference, 2. It is conternplated and requested by the parties hereto that this agreernent be adopted by Ordcr of Court. WITNESS: ~~j;:~~ " ~ eL-~/~ Bry:If\K, Goodyear . CUI ~ --Ik~ jlirnfci1'.lltLR "/, Jjcc.dfUUJ Steph ic L. Goodyear ('('STOnV ACORFFMFNT THIS AGREEMENT, made thisJ'i l6day of ,hml, ,2002, by and between Stephanic L. Goodyear. of 149 East Penn Street, Carlisle, Cumberland County, Pennsylvania and Bryan K, Goodyear, of IS5 Cedar Lane, Carlisle, Curnberland County, Pennsylvania, WITNESSETH: WHEREAS, the parties were married on January 8, 1997, in Cumberland County, Pennsylvania; and WHEREAS: One (I) child was born of this marriage, namely Brandon Keith Goodyear, born on February 3, 1997, ; and WHEREAS, the parties havc reached an agreement with regard to custody and visitation of said B!"aJldon Keith Goodyear; NOW THEREFORE, in consideration of the mutual covenants herein rnade, as well as other good and valuable consideration, the receipt of which hereby is acknowledged, the parties hereto, intending legally to be bound hereby, do covenant and agree as follows: A, The custody of the aforesaid child, during minority, hereby is given to Wife. Stephanie L. Goodyear, except as otherwise rnay be provided by an appropriate court, having proper jurisdiction of the subject. B. The parties shall take all reasonable measures to foster a feeling of affection between thernse1ves and the child, Neither party shall do anything to hamper or impair the child's love and respect for the other party, C, Since a long time has elapsed since husband has secn the child, the parties agree that, prior to regular visitation, there should be a three (3) rnonth adjustrncnt period of supervised visitation every othcr week on a day agreed upon by the parties for the period of three (3) hours, If EXHIBIT "A" all goes wcll. regular visitation would cOl11rnencc at the end of the three (3) rnonth adjustrncnt period. D. Upon cornpletion of the three (3) rnonth adjustrnent period and if all goes well in reestablishing the parental relationship. Bryan K, Goodyear shall have the right of reasonable visitation of said ehild. as mutually may be agreed upon by the parties, In the event the parties an: unable to agree upon visitation, Bryan K, Goodyear shall have the right of visitation every other weekend. comrnencing at 6 o'clock P.M. on Friday and ending at 6 o'clock P.M, on Sunday, With respect to Christrnas, Bryan K. Goodyear shall have the right of visitation from 2:00 P.M. to 8:00 P,M, on Christrnas Day at which tirne he shall return the child to Wife, E. Bryan K, Goodyear shall notify Stephanie L. Goodyear, not less than 24 hours in advance. of any change in plan to exercise such visitation rights, F, It shall be the responsibility of each parent to keep the other advised of the address where the child will be living and of any medical ernergencies concerning the child, G, Bryan K, Goodyear and Stephanie L. Goodyear agree that in making this agreement there has been no fraud. eoncealrnent. over-reaching, irnposition, coercion, or other unfair deaiing on the part of the other, H. Bryan K. Goodyear and Stephanie L. Goodyear hereby agree and therefore stipulate that it is their intent and request that the Court ofCornrnon Pleas of Cumberland County, Pennsylvania adopt this agreement as a dccree and Order of Court, IN WITNESS WHEREOF, the parties hereto have executed this the day and year first above written, WITNESS: C~+~~~~14/ ~:e: ~~- (SEAL) 4r;J 2T .L;..~ -3~'pka.1<..d:... "--A _.,Yia..-6'LJYA 7 (SEAL) Stephahie L. Goodyear ,) ~ III lllOH :ll 0-3 . < 0< :1J t:l H 0-3 > III )f 'U H\Qt'!:l= 0-3 III = <...., t>l Z H g )f Ol)ft' ~ -l 'U ~ III :<lU1(4)fn ~~ . H n U1 III 0 c: _~ J: t>l I':1U1Ht:l~ z _ 0 0-38 C) 00 Q."",~ Z g t' 2n0-3 !(lo~ HO< . 10 ~~ ~ -< 0 t:l < t'ClO III )f 0< III C) :l>'2"l r C) t>l . g :t:~n ~~~~ ~ :<l g; t>l t:l , 0 Cl t>l , 0< 3: ~ ~s: l'1 31 t:l 'U t'l 'U3I - ~ r 0 t>l 1':1 t' )f 1':10 8 c :<l ~ "l )f :<l ~lll " t:l 1':1 H , (l !:l III 2 1Il'U > t:l 0-3 o<t' :I>' H t'1':1 ~ "l <:I>' "l )fill III H '-j , , . , . i \':.' , . . . . , , .t/ 1 , " " () co () ~~ r-.,J , I ,- r; , r-:- , 1 I G) (.. , , , .._, ., , - , , .. :, " , lD "J .', VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 17-.,Tjo C~t~{, IN DIVORCE STEPHANIE L. GOODYEAR, Plaintiff BRYAN K. GOODYEAR, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the 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 at 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. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland county Courthouse 1 Courthouse square Carlisle, Pennsylvania 17013 (717) 240-6200 ,. ~ ~.' a~"i'/~U;~ Anthony ~Luca, Esquire 113 Front Street P.O. Box 358 Boiling springs, PA 17007 STEPHANIE L. GOODYEAR, plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97- ,f', SO (!t....J fi....... IN DIVORCE BRYAN K. UOODYEAR, Defendant DIVORCE COMPLAINT AND NOW, comes the plaintiff, STEPHANIE L. GOODYEAR, by her Attorney, Anthony L. DeLuca, Esquire, and seeks to obtain a Decree in Divorce, from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is Stephanie L. Goodyear, a citizen of Pennsylvania, resides at 151 E. Penn street, Carlisle, Cumberland County, pennsylvania since August 30, 1997. 2. Defendant is Bryan K. Goodyear, a citizen of pennsylvania, resides at 346 E. North street Roar, Carlisle, cumberland county, Pennsylvania since september 15, 1997. 3. plaintiff and Defendant are sui juris and both have been bonafide residents of the commonwealth of pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on January 8, 1997 at Newville, pennsylvania. 5. The marriage is irretrievably broken. 6. Neither plaintiff nor Defendant is in the military or naval service of the united states or its allies within the provisions of the soldiers' and Sailors' Civil Relief Act of the congress of 1940 and its amendments. 7. There has been no prior action tor divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The 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. " . I J COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER S 3301 (c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intend& to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this complaint, the Plaintiff respectfully requests the Court to enter a decree in divorce pursuant to section 3301 (c) of the Divorce Code. COUNT II REQUEST FOR A FAULT DIVORCE UNDER S 3301 (a) (6) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference hereto. 13. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 14. This action is not collusive as defined by section 3303 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301 (a) (6) of the Divorce Code. COUNT III EQUITABLE DISTRIBUTION 15. Prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff and Defendant have acquired property, both real and personal, during their marriage until August 30, 1997, the date of their separation. 17. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff prays for the entry of an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just, plus costs. COUNT IV CUSTODY 18. The prior paragraphe of this Complaint are incorporated herein by reference thereto. 19. Plaintiff seeks custody of the following child, born of their marriage: Brandon K. Goodyear, born February 3, 1997. 20. The child is presently in the custody of Stephanie L. Goodyear, Plaintiff, who resides at 151 E. Penn street, Carlisle, Pennsylvania. 21. Since birth, the child has resided with the following per~ons at the following addresses: a.) Stephanie L. Goodyear - Mother Bryan K. Goodyear - Father 2 Middle Acres Newville, PA 17241 Birth to August 30, 1997 b.) Stephanie L. Goodyear - Mother Edward L. sturn - Grandfather sharyn L. sturn - Grandmother 151 E. Penn Street Carlisle, PA 17013 August 30, 1997 to present. 22. Plaintiff has not participated as a party, witness or in any capacity in any other litigation concerning the custody of the same child in this or any other state. 23. Plaintiff has no information of any custody proceeding concerning the child pending in this or any other state. 24. Plaintiff does not know of any 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. VERIFICATION I veriLy 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. S 4904, relating to unsworn falsification to authorities. Date: 10 1J.a.1 q 1- , <"I >- r c;:. ,-- ; :< L' , -"' .. r. , , c- : " ," " - (, , I , . , , ,:::t " " I ." , .' ~. '. .- ..d l.; ,)iJ,. . c:; , I:. r- ..) U 0' U ~ ~~\~ ....... - ""V ~ 1P ~ ~ ...;:r. r() .. ,..l ..... 'V'o ~ ... ~~ ~ ~ _ .......:::)- - r- r- .~ ~ ~C2J ~ a~ .... .:I~ .... ... 'M Il.III ... c:: ~~ ~"] '" 'g <( ~re 41 ~ U .... :J ... 8 ' QIl. t~ H ~ ~! ~ ~~~ ~ . ~ c ~ ~ ~ o ~ !II ~ f<8~ . > 8 8 . <( , .:I -J ~;~~ Sf ~ ~ u ~ > ~ . it 8 tJ ~ H Z ql); ~ . o ~~I1.Cl r:l .0: ~ l<: 0 :i! > J: <(- ~ f<~.:I H Il. H I- ~ H Q ~ Q >. >< Z ~ tl~~ III P: <( III .0: STEPHANIE L. GOODYEAR, Plainti ff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW BRYAN K, GOODYEAR, Defendant : NO, 97-5550 Civil : IN DIVORCE AFFtnA VIT OF rON"FNT I. A Cornplaint in divorce under Section 3301 (c) of the Divorce Code was tiled on October 8, 1997, 2, The rnarriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of tiling and service of the Complaint. 3. I consenlto the entry of a final decrcc of divorce aftcr 3ervicc of notice of intention to rcqucst cntry of the decrce, I vcrify that the staternents rnadc in this affidavit are true and correct. I understand that false statements herein are rnade subject to the penalties of 18 Pa. C,S, !i 4904 relating to unsworn falsification to authorities. Date: -.Cl!.~ ~{J,)IOQ, '7R li~F'l Steph ie L. Goodyear, Plaintiff ' (") 'i1~~ ! r! ~ . :;~ -, :":i, " ~ -- .~ .,,) I (:., ~~~: c. ., " :l? " - , :] - , .;;' ,.,' ;,:,1 :'1 n) VS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW i' STEPHANIE L. GOODYEAR, Plaintiff BRYAN K, GOODYEAR, Defendant : NO, 97-5550 Civil : IN DIVORCE AFFTnA VIT OF CONSFNT I. A Cornplaint in divorce under Section 3301 (c) of the Divorce Code was filed on October 8. 1997, 2. The marriage of Plainti ff and Defendant is irretrievably broken liI1d ninety days have elapsed frorn 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 staternents made in this affidavit are true and correct. I understand that false statcrnents herein are made subject to the penalties of 18 Pa, C.S, * 4904 relating to unsworn falsification to authorities, -. J- Date:/ - 'OC ~~.~~~ B K~ Goo y , efendant (") ('~i n C' ,,) , , ...;~ ~::::: ,.-! -'0 l"} I ~;;: "1: r'l ~j:; , i-'';;; I , , ,'. n. .J ,:""! l)) s') :-,\~ " ; =n C ., ~~' ',-::' :n " (L --: STEPHANIE L. GOODYEAR, Plaintiff : IN TIlE COURT OF COMMON PLEAS OF : CUMBERI.AND COUNTY,I'ENNSYLVANIA VS, : ('IVIL ACTION. I,A W BRYAN K, GOODYEAR, Defellllant : NO, l)7.~550 Civil : IN D1VOI{CE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DE('(WE UNDER ~ 3301(c) AND ~ 330\(d) OF TilE DIVORCE COI>E I, I consent to the entry of a final decree of divorce without notice, 2, I understand that I may lose rights conceminl! 1I1il11ony, division of property, lawyer's fees or expenses if I do not c1l1imthel11 helilre II divorce is granted, 3, I understllnd that I will not be divorced lIntilll divorce decree is entered by the Court and that a copy of the decree will he sent to me inllll~dllllcly liner it is tiled with the Prothonotary. I verify that the statements made in this all1davit arc tOle IInd corrcct, (understand that false statements herein arc made subject to the pcnalties of 18 I'II,(',S, ~ 4<)()4 relating to unsworn falsi fication to authorities, Date: O~ 1,).[11 Od.. _jtQP~O ^-(~ '::f ;;1ir!;lQ(l /J Stephanie L. Goodyellr, Plaintiff (./ VS. : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA : CIVIL Al'TION - LA W STEPHANIE L. GOODYEAR, Plaintiff BRYAN K. GOODYEAR, Defendanl NO.1J7-S550 Civil IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) AND * 3.10I(d) OF TilE DIVORCE CODE I. I consent tothc cnlry of u Iinlll dccrce of divorce without notice. 2. I understand Ihlll I IlII1Y lo~c rights concerning alimony, division of property, lawyer's fees or expcn~es if Illullnt c1uillllhclll hclilre u divorce is granted. 3. I 1II1derslill1d Ihall willllul he divorced until a divorce decree is entered by the Court and thaI a copy of Ihe decrce will he ~enllollle illlllledialely aner it is filed with the Prothonotary. I verify thatlhe statclllents Illude In this alliduvit arc tme and correct. I understand that false statements herein arc lIIulle slIhject 10 the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. 7- ~o~, Date: ___.~_-=-_'::.____ 6~-~~ Bry . Goodyear, ndant Q C) r ) i',) I r " '-::; .(~ n " ,- , I " I~JJ ~,; , ) '.:' , , " , -.o. r r;? HI : ,~ 1 , - _'.J .. f '.J .<; ,{ .. STEPHANIE L. GOODYEAR, Plainti IT : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LA W VS, BRYAN K, GOODYEAR, Defendant : NO, 97-5550 CIVIL A~~mAVITO~MAn INn COMMONWEALTH OF PENNSYLVANIA: : SS, COUNTY OF CUMBERLAND Anthony L. DeLuca, attorney for Plaintiff, being duly sworn according to law, says that he mailed by certified mail, return receipt requested, a true and correct copy of the Complaint in Divorce under Section 3301 (cl of the Divorce Code to the Defendant at his residence and that Defendant did receive same, as evidenced by the signed receipt attached hereto as Exhibit "A", By: thony L. D 113 Front Street P,O, Box 358 Boiling Springs, PA 17007 (717) 258-6844 Sworn to and subscribed before me this c:r~ay of ~/' 2002, ~l1ti~L.'lrlO" )";LCA.- otary Public NOTARIAL SEAL MARJORIE A. DeLUCA, Notary Public South Middleton Twp" Cumberland Co. Comm,UIOtI Ex 'res Nov, I. 2003 ~'t -------~.!. t r I. I ! -. (j [.', C) ,-..I n :1 "',II ''1' . ~, , " I, f li ;.\.. -, I,,'; "-" 'I} :) r:~':l el'l IL , ., r.; ~ 'f;: I ~ ," . "I .CornpIIlt Mm. , wWor 1101 addItIonII....... . c:amp..e tIemI 3. .... end 4b. I .PMI your rwne tnd IdlhU on IN ..... ottNI form 10"" we can relwn UQ -..you. _All""" IhlI tonn 10 1M fwonI 01... meiIIMOt. or on the bec* It apace doeI not . .e::.:.il.....R__...on.........,...bolowlho""""'_, ti en. AllIum ReceIpI WlI atIOW 10 \lrhom IhlI1tidt ... dIIveRd Ir'od the ciItI 8 -, 13. ArUcle Add_la: : , YY.J<''''- ~J:.,'<(r,btV ,3~ t~ ,,~,~ :Jr. ~tH-' a'l-d.t-(0) ~ /7tJd S. Recelvod By: (PrlnlNatMI :1 '. , II I tllO with 10 rectlve Iht foIIowtng HMete ("" an utra let): 1, [J Ajldre_'1 Addr_ i' 2. llJ1iellrtclod Oellvery j ConIuII potlmtlltr "" lee, f 4.1, Miele Nyn1>tr I' ~'4tf c?c>':" Cltf.:.!. 4b. Service Type ~ o Reglllerod ~rUftod I ' o ExP"H Mill 0 'nourod r o AaIum RtcaIpl lei _18 0 COO ! 7. Oete 01 Dell ry J! ' d It!! 8. Add...... I Add"H (OrJy If MId let ~ psJdl -/ GkHr'B; r 'If" ..,~~..,=--n_......d._ '...--- -, STEPHANIE L. GOODYEAR, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS, : CIVIL ACTION - LAW BRYAN K, GOODYEAR, : NO, 97-5550 Civil Respondent : IN DIVORCE ORDER AND NOW, this '" day of June, 2002, upon consideration ofthe attached Petition to Re-Open, it is hereby Ordered that the Complaint in Divorce docketed at No, 97-5550 be re-opened, J, .f1 ~ .. f ~ 1:-' .J' "' t, ': r f ~ii\1'''I~I''V' ' tl'\II)~ ",'-',,;, ,void ' j ,. I)'! r,\ "'" .~. ., .". :~.11., ....,:0 21:11:,1:1 I . J i'/'itZO II,.,::, ' I\c.:t"...,_, '_ "'....'. " :/" . STEPHANIE L. GOODYEAR, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS, : CIVIL ACTION - LAW BRYAN K, GOODYEAR, Respondent : NO, 97-5550 Civil : IN DIVORCE PETITION TO RE-OPEN AND NOW, this/w4 day of June, 2002, comes the Petitioner, Stephanie L, Goodyear, by her attorney, Anthony L. DeLuca, Esquire, and files the following Petition to Re-Open and, in support thereof, avers as follows: 1. Petitioner, Stephanie L. Goodyear, is an adult individual residing at 149 E, Penn Street, Carlisle, Cumberland County, Pennsylvania 17013, 2, Respondent, Bryan K, Goodyear, is an adult individual residing at 155 Cedar Lane, Carlisle, Cumberland County, Pennsylvania 17013, 3, On or about October 8, 1997, Petitioner filed a Complaint in Divorce under Sections 3301 (c) and 3301 (a)(6), A copy of the Divorce Complaint is attached hereto, marked as Exhibit "A", and incorporated herein by reference and made a part hereof, 4, 011 or about May 9,2001, the above captioned matter was purged by the Court, 5, The whereabouts of the Rcspondent was not known for some period of time which led to a dclay in finalizing the divorce, 6, Coungel for the Petitioner has met with the Respondent who is not represented by counsel and Respondent has indicated that he wishes to execute all documents necessary to finalize the divorce, 7, Petitioner wishes to finalize the divorce, WHEREFORE, both Petitioner and Respondent request that this Honorable Court Re-open the above captioned matter so that a final Decree in Divorce can be entered, Respectfully submitted, ~~~u~ Anthony L. Dca, Esquire 113 Front Street P,O, Box 358 Boiling Springs, PA 17007 (717) 258-6844 Attorney ID #18067 Attorney for Petitioner VERI FICA nON Dated: 61":J\.1\ \0)" I hereby veri fy that the facts and information set forth in the foregoing Petition to Re-Open are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa, C.S, Section 4904, relating to unsworn falsifieation to authorities, ,-' STEPHANIE L. GOODYEAR, Plaint!!f VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.17 -j"33V (!~~~ IN DIVORCE ~ " -.J BRYAN K. GOODYEAR, Defendant ... " , , NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, If you wish to defend against" the claims set forth in the fOllowing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the m3rriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at 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 ANNUL'IENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM MIY OF THu~. YOU SHOULD TAKE THIS PAPER TO YOL~ LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland county Courthouse 1 Courthouse Square carlisle, Pennsylvania 17013 (717) 240-6200 Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 EXHIBIT "A" STEPHANIE L, GOODYEAR, plaint!!! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. BRYAN K. GOODYEAR, Defendant NO. IN DIVORCE DIVORCE COMPLAINT AND NOW, comes the Plainti!f, STEPHANIE L. GOODYEAR, by her Attorney, Anthony L, DeLuca, Esquire, and seeks to obtain a Decree in Divorce / from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is Stephanie L. Goodyear, a citizen of Pennsylvania, resides at 151 E, Penn Street, Carlisle, Cumberland County, Pennsylvania since August 30, 1997. 2. Defendant is Goodyear, citizen of Bryan K, a Pennsylvania, resides at 346 E, North Street Rear, Carlisle, Cumberland County, Pennsylvania since September 13, 1997, 3, Plaintiff and Defendant are sui juris and both have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this complaint. 4. The parties are husband and wife and were lawfully married on January 8, 1997 at Newville, Pennsylvania. 5. The marriage is irretrievably broken, 6. Neither Plainti.ff nor Defendant is in the military or naval service of the united States or its allies within the provisions of the Soldiers' and Sailors' civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action tor divorce or annulment instituted by either ot the parties in this or any other jurisdiction. S. The 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. COUNT! REQUEST FOR A NO-FAULT DIVORCE mlDER S 3301 (c) OF THE DIVORCE CODE 9, The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken, 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce, Plaintiff believes that Defendant may also file such an affidavit, WHEREFORE, if both purties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, the Plaintiff respectfully requests the Court to enter a decree in divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT IV CUSTODY 18. The prior paragraphs of this complaint are incorporated herein by reference thereto. 19, Plaintiff seeks custody of the following child, born of their marriage: Brandon K. Goodyear, born February 3, 1997, 20. The child is presently in the custody of Stephanie L. Goodyear, Plaintiff. who resides at 151 E, Penn Street, Carlisle, Pennsylvania, 21. Since birth, the child has resided with the following persons at the following addresses: a.) Stephanie L, Goodyear - Mother Bryan K. Goodyear - Fa~her 2 Middle Acres Newville, PA 17241 Birth to August 30, 1997 b,) Stephanie L. Goodyear - Mother Edward L. Stum - Grandfather sharyn L. Stum - Grandmother 151 E. Penn Street Carlisle, PA 17013 August 30, 1997 to present. 22. Plaintiff has not participated as a party, witness or in any capacity in any other litigation concerning the custody of the same child in this or any other state. 23. Plaintiff has no information of any custody proceeding concerning the child pending in this or any other state. 24. Plaintiff does not know of any 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. 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. S 4904, relating to unsworn falsification to authorities. Date: I~' I. /'"', I.) . ' "1 ~ ,- I I ...~t~f'll.(b:,(''- ~ }b-..'(-f'lIeu '; StepHanie L.Goodyear-; Plah\tiff ("J J:.-' f) C j\..l 1 f:: c, '.U " , , 1 ;;~ I, . i , , q ;.-- ') f.' , , , ..... . , r~ " ..,., '''''j , , ; .... ~ ,.) :':,1 . j." , ~... :.-; :::1 ;'1 J' .:..:J -<. 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