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Home My WebLink About03-0231CLAREWEN OMOLARA SEARCY, Plaintiff VS. GREGORY WAYNE SEARCY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE 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 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. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 CLAREWEN OMOLARA SEARCY, Plaintiff VS. GREGORY WAYNE SEARCY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003- ~.21 CIVIL ACTION - LAW 1N DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The Plaintiff is Clarewen Omolara Seamy, an adult individual whose mailing address is 916-D Ricketts Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, and whose social security number is 071-76- 5461. 2. The Defendant, Gregory Wayne Searcy, Jr., is an adult individual, whose current address is 7109 Richmond Highway, Apt. 50, Alexandria, Virginia 22306, and whose social security number is 401-084-7780. 3. Plaintiff and Defendant were married on July 20, 1996, in Honolulu, Hawaii. 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. (b) That the parties have lived separate and apart for a period of two (2) years, said date of separation being August 1999. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Date: Respectfu~lly,submitted, ~Diane M. Dil ,~Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: //~/~ ~ OMOLARA SEARCh') ~~ ... ~~ ~~ ~ v 1 GlJ ~v( N n ~ C ~~ .:! `r t ~ s' ',?? ;e -- r--^ ; rrt ~ ", _ C.T b ~ _ ^ ~ { ,, CLAREWEN OMOLARA SEARCY, Plaintiff VS. GREGORY WAYNE SEARCY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003- or,2 I CIVIL ACTION- LAW IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served upon you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301{d) OF THE DIVORCE CODE 1. The parties to this action separated in the August 1999 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. Section 4904 relating to unsworn falsification to authorities. Date: //~/.3 C'Iarewen omolara Searcy, n ~ ~ C W `t7 t._. --~ f1a ~r:. CI'i ' ~} {~~ ~ •~ y CLAREWEN OMOLARA SEARCY, Plaintiff VS. GREGORY WAYNE SEARCY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 003_ CIVIL ACTION - LAW IN DIVORCE WAIVER OF THE SOLDIER'S AND SAILOR'S RELIEF ACT I, Clarewen Omolara Searcy, currently a member of the United States Army and on active duty, am aware of the provisions of the Soldier's and Sailor's Relief Act, wherein it is provided that I have a right to not be sued civilly while I am in the United States Military and on active duty. The provisions of this Act have been explained to me by military officials and I understand that I have a right to have this document reviewed by an appropriate military attorney and to have it explained to me the rights that I have under the Soldier's and Sailor's Relief Act and the affect of waiving the Act's provisions. Simultaneously with the execution of this Waiver, I have signed the necessary documents to file a Complaint in Divorce against my husband, Gregory Wayne Searcy, Jr., realizing that I will be involved in litigation though the Court of Common Pleas of Cumberland County. By execution of this Waiver, I acknowledge the above and knowingly and intelligently waive my rights under the Soldier's and Sailor's Relief Act. Signed this dayof c. jOtrlAt._Ck [ ~ , 2003. k. 'l()..).t~_,, ~11)~ct~ '~[v~ (SEAL) Cla?ewen Omolara Search, P~f Sworn and subscribed to befop~rme this 7'~ day o f ~.<~>, 6c-~ 2003. Notary Public h ~~ v ,. _ n ~- 'TJ L~ C-- --} C'ri ~"; '' ="" Z _~ . -''" --r. r },v ~.~ .Zy ~.~ ,..~ CLAREWEN OMOLARA SEARCY, Plaintiff VS. GREGORY WAYNE SEARCY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003 - 231 Civil Term CIVIL ACTION - LAW 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: Irretrievably broken under Section ( ) 3301(c) or (X) 3301 (d) of the Divorce Code. (Check applicable section) 2. Date and manner of service of the Complaint in Divorce: By certified mail on January 23, 2003. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, N/A; by Defendant, N/A. (b) Date of execution of Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: January 8, 2003; Date of service of Plaintiff's affidavit upon Defendant: January 23, 2003. 4. Date of service of Notice of Intent to Finalize under Section 3301(d) of the Divorce Code: February 26, 2003; 5. Date of filing of Waiver of Notice of Intent to Finalize by Plaintif~ N/A; by Defendant: N/A. 6. Related Claims Pending: None Date: March 19, 2003 Respectfully submitted, BY:~ 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 C7 ~ ~ c_ c.~ ~, =~' -4- " ~` ' .,.... _ f ~ ~ ~ ~~ ~~ ~~ ~f ~y t~ -~: iN THE COURT Of COMMON PLEAS CLAREWEN OMOLARA SEARCY, Plaintiff VERSUS GREGORY WAYNE SEARCY~ JR. Defendant of CUMBERLAND COUNTY STATE Of PENNA. . NO. 2003-231 civil Term Decree iN DIVORCE AND NOW, DECREED THAT GREGORY AND CLAREWEN OMOLARA SEARCY WAYNE SEARCY, JR. , ~, IT IS OrDErED AND , PLAINTIFF, , 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; None. ~~)ROTHONOTARY CLAREWEN OMOLARA SEARCY, Plaintiff VS. GREGORY WAYNE SEARCY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003 - 231 Civil Term CIVIL ACTION - LAW IN DIVORCE COMPLAINT TO CONFIRM CUSTODY AND NOW, this ~ day of May 2003, comes the Plaintiff, Clarewen Omolara Searcy, by her Attorney, Diane M. Dils, and respectfully requests the following: The Plaintiff, Clarewen Omolara Searcy, is an adult individual, currently residing at 600 Ricketts Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. The Defendant, Gregory Wayne Searcy, Jr., is an adult individual who currently resides at 7109 Richmond Avenue, Apt. 50, Alexandria, Virginia 22306. The Plaintiff and Defendant were married on July 20, 1996, and as a result of said marriage, one child was born; namely: Dyemond W.M. Searcy, having been born February 24, 1998, in Hawaii. The minor child, Dyemond W.M. Searcy, has resided with the Plaintiff, Clarewen Omolara Searcy, since birth. The Plaintiff has been the primary caretaker of the minor child. o Both Plaintiff and Defendant are on actiYe duty through the United States Army. 6. The Defendant, Gregory Wayne Searcy, Jr., has had limited contact with his child. 7. The Plaintiff and Defendant have lived separate and apart since August 1999. The Plaintiff believes that it is in the best interest of the minor child that she be granted primary physical custody, sole legal custody, and partial custody rights be granted to Gregory Wayne Searcy, Jr., as the parties may mutually agree. 9. The Plaintiff will not unreasonably deny ti~ne between her child and the father. 10. It is averred that a standard partial custody schedule is not possible due to the parties being stationed in all parts of the world. 2 11. The Plaintiff does specifically request that Defendant not be permitted to take the minor child to the home of his parents in Kentucky, and to permit the minor child to be unsupervised in his parents' home. The Plaintiff specifically requests that if Defendant takes the child to visit his parents, that the Defendant be required to be with the minor child at all times. 12. There has been no prior action for custody or visitation in this matter; however, the parties are divorced pursuant to a Decree in Divorce being entered on March 26, 2003, to the above term and number in the Court of Common Pleas of Cumberland County. Both parties executed Waivers of the Soldiers and Sailors Relief Act in connection with said divorce action. 13. The Plaintiff has not participated as a party or witness in any capacity in other litigation concerning the custody of the minor child in this or any other Court. 14. The Plaintiff has no information of the custody proceedings concerning the child pending in a Court of this Commonwealth or any other state. 15. The 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. WHEREFORE, Plaintiff, Clarewen Omolara Searcy, respectfully requests your Honorable Court to grant her primary physical custody and sole legal custody of her child, Dyemond W.M. Searcy, with partial custody rights in the Defendant, Gregory Wayne Searcy, Jr. Respectfully submitted, 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 4 VERIFICATION I verify that the statements made in this Complaint to Confirm Custody are true and correct. I understand that false statements herein are made subject to the penalties of 1'8 Pa. C,S. Section 4!)04 relating to unswom falsification to authorities. OMO~RA Date: May 20, 2003 CLAREWEN OMOLARA SEARCY PLAINTIFF GREGORY WAYNE SEARCY, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-231 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, May 23, 2003 , 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, Mechanicsburg, PA 17055 on Wednesday, June 25, 2003 at 11:30 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 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 ltELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CLAREWEN OMOLARA SEARCY, : Plaintiff : : vs. : 03 -231 GREGORY WAYNE SEARCY, JR : Defendant : IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ORDER OF COURT AND NOW, this ~ day of ~ut.~ e.,- , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Clarewen Omolara Searcy, and the Father, Gregory Wayne Searcy, Jr, shall have shared legal custody of Dyemond W.M. Searcy, born February 24, 1998. 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. During the school year, the Father shall have partial physi[cal custody of the Child on two weekends per month from Friday evening through Sunday evening, with the specific times for exchange to be arranged by agreement of the parties. The Father shall also have custody of the Child during the spring break from school. During the summer each year, the Father shall have custody of the Child beginning one week after the school year terminates until two weeks before the new school year resumes in the fall, subject to periods of custody for the Mother during the summer which shall be arranged by agreement between the parties. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The parties agree that the child shall remain in the Mother's custody over the Christmas holiday each year and the Father shall be entitled to come to the Mother's residence to share the holiday. B. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child each year on the Child's birthday, Halloween Treat or Treat night, and Thanksgiving. The specific times for exchanges shall be arranged by agreement. ~INVA'IAb-'N N~ 5. Both parties shall ensure that the Child only has contact with the paternal grandparents at either the Mother or Father's residence with the Mother or Father present at all times. 6. 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: Diane M. Dils, Esquire - Counsel for Mother Gregory Wayne Searcy, Father CLAREWEN OMOLARA SEARCY, : Plaintiff : vs. : 03-231 GREGORY WAYNE SEARCY, JR : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILI&TION 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: NAIVIE DATE OF BIRTH CURRENTLY IN CUSTODY OF Dyemond W.M. Searcy February24,1998 Mother 2. A Conciliation Conference was held on June 25, 2003, with the following individuals in attendance: The Mother, Clarewen Omolara Searcy, with her counsel, Diane M. Dils, Esquire, and the Father, Gregory Wayne Searcy, Jr, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator