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Home My WebLink About98-01113 '.1 .a ~ . ~ ';) \l Q ~ .) < '.. :) . \l a \1 J .' . . t.'- ... .... /c;J'2.ClO tlv-l. t~)' 1~IJ4;-' -0 a-7f' ~?~... /01 r .t:'" '71~" IWi-:...t'.:/ -;t ~y. p ., .\ i" ,\ 'j ,r;, .,"~ ~ SUSAN E. DEVINE. Plaintin. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : No. 98-1113 Civil LAWRENCE J. DEVINE, III, Defendant : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Service by certified mail no. P 316 467 849 on March 4, 1998. See attached Affidavit of Service . 3. Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: by the Plaintiff: filed with the Prothonotary August 14, 1998; by the Defendant: filed with the Prothonotary June 25, 1998. 4. Related claims pending: None. 5. Date Plaintifrs Waiver of Notice in ~3301(c) divorce was filed with the Prothonotary: August 14, 1998. Date Defendant's Waiver of Notice in ~330 I (c) divorce was filed with the Prothonotary: June 25, 1998. Respectfully Submitted: J Ii ~--- Jeanmi,B. Costopoulos. Esquire Attorrley for Plaintiff 1400 N. Second Street Harrisburg, P A 17102 Phone: (717) 221-0900 PA S.Ct. \D No. 68735 Dated: / //I/ZtjdO I r~i (~ \~ !{ , , i .. 8 ~. -o~,~ M1" Z.lJ ze- en ~~. ::::; ,j~~ I~C; ; ~8 :;:;c:: ~ .. - eJ1 (') 0 <:::1' c: 0 :C:'" ~;1 -0 r.2 '- :J :.'~u ~rI1 -- ,-;' ~:-n --,' z~ N ,- -;--"." ci5 <=> ",0 ~~, ' ~.:, =:: :'2~ ~(") ~11-J c-:CI ;>'oc: '9 0'" ~ ""' .c- ~ , , , ,'~ ,'.1 SUSAN B. DBVINB, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA No. rS - ///3 (I ~u-l.C vs. LAWRENCB J. DBVINB, III, Defendant CIVIL ACTION - LAW DIVORCB/CUSTODY NOTICB TO DBFEND 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 the 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 PAPBR TO YOUR LAWYER AT ONCB. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICB SBT FORTH BBLOW TO FIND OUT WHERE YOU CAN GBT LEGAL HELP. CUMBBRLAND COUNTY BAR ASSOCIATION 2 LIBBRTY AVENUE CARLISLE, PA 17013 (717) 249-3166 SUSAN E. DEVINE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs. No. 'If- I I /3 (!u:~~' 7-;._. . . LAWRENCE J. DEVINE, III, Defendant : CIVIL ACTION - LAW : DIVORCE/CUSTODY ORDER OF COURT ~ l~.J q t; AND NOW, this , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before e I the \ 1<)\'\' I.. \~- . I C CfflpJ-1\ \ \ I Qt, on the , 1998 at ~.m., for a Pre- At such conference, an effort will be conciliator, at ,') ~ ~ \ ~,,() \ \ Apri \ \(0 day of hearing Custody Conference. 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. Either party may bring the child who is the subject of this custody action to the conference, but the Child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GBT LEGAL HELP. CUMBBRLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (7l7) 249-3166 'I 'I . . SUSAN E. DEVINE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. LAWRENCE J. DEVINE, III, Defendant CIVIL ACTION - LAW DIVORCE/CUSTODY 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 hearing or business before the court. You must attend the scheduled conference or hearing. ."' SUSAN B. DBVINE, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PBNNSYLVANIA . . 9 J'- / /1.3 (:"u;..t -r;~~ . VB. . No. . : LAWRENCB J. DBVINB, III, . CIVIL ACTION - LAW . Defendant : DIVORCB/CUSTODY ORDBR OF COURT AND NOW, this day of 1998, a hearing on the above-captioned matter relating to the issue of the right to reside in the marital residence and the exclusive possession thereof is hereby scheduled for the 1998, at day of o'clock ___.m. in Courtroom Number , of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT I I If J. ,{ II \.~ I J' I ; I I, . , , ~ I I,. 'I " , ' .' SUSAN B. DBVINB, Plaintiff vs. IN THB COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA No. (n- JI/ J r..LJlr;~ LAWRENCB J. DBVINB, III, Defendant CIVIL ACTION - LAW DIVORCB/CUSTODY COMPLAINT AND NOW comes the Plaintiff, Susan E. DeVine, by and through her attorney, Jeanne B. Wigbels, Esquire, avers the following: 1. The Plaintiff, Susan E. DeVine, is an adult individual who currently resides at 30B North Front Street, Wormleysburg, Cumberland County, Pennsylvania l7043. 2. The Defendant, Lawrence J. DeVine, III, is an adult individual who currently resides at 34 West Pine Street, Enola, Cumberland County, Pennsylvania l7025. 3. The Defendant and the Plaintiff have bsen bona fide residents of the County of Cumberland in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on February October lB, 19B6 in Wormleysburg, Cumberland County, Pennsylvania. COONT I - DIVORCB 5. Paragraphs one ( l) through four (4) are incorporated herein by reference as if set forth specifically below. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has bsen advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. This action is not collusive. WHEREFORE, the Plaintiff respectfully requests this Honorable Court grant the Plaintiff relief from the bonds of matrimony and order a Decree in Divorce. COUNT II - CUSTODY lO. Paragraphs one ( l) through nine (9) are incorporated herein by reference as if set forth specifically below. l1. There is one (l) dependent child by this marriage, namely Kristopher Ryan DeVine, DOB 9/20/9l. l2. The Plaintiff seeks primary physical custody of her natural son, Kristopher Ryan DeVine. l3. The minor child is presently resides with Plaintiff at 308 North Front street, Wormleysburg, Cumberland County, Pennsylvania l7043. l4. The Father of the child is the Defendant, currently residing at the above-referenced address, Paragraph Two (2). l5. The Mother of the child is the Plaintiff, currently residing at the above-referenced address, Paragraph One (l). l6. During the past five years, the child has resided at the following address with the following persons: Birth until 2/l8/98 - with Plaintiff and Defendant at the marital residence located at 24 W. Pine Street, Enola, Cumberland County, Pennsylvania l7025. 2/l8/98 to present - with Plaintiff and Plaintiff's sister's family at 308 North Front street, Wormleysburg, Cumberland County, Pennsylvania l7043. l7. Plaintiff resides with the following persons: the child, Charlene and Sam Kearney (Plaintiff's sister and brother-in-law), and Nicole and Charles Cizio (Plaintiff's niece and nephew). l8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 19. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 20. 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. 2l. The best interests and welfare of the minor child wi.ll be served by granting the relief requested because: a. Plaintiff can provide the child with adequate moral, emotional, and physical surroundings as required to meet the child's needs~ b. Plaintiff is willing to continue custody of the child. c. Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 22. 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, The Plaintiff respectfully requests this Honorable Court grant the Plaintiff rights of majority physical custody and grant the Defendant rights of visitation. COUNT III - BXCLUSlVE POSSBSSION OF MARITAL RESIDBNCB 23. Paragraphs one (l) through twenty-two (22) are incorporated herein by reference as if set forth specifically below. 24. Pursuant to 23 Pa. R.C.P. S 3502(c), Plaintiff requests that she be granted exclusive possession of the marital residence for the following reasons: a. The Defendant can more easily establish residence elsewhere than the Plaintiff. b. The Plaintiff would receive greater benefit in remaining in the marital residence than the Defendant. c. The parties can no longer amicably reside in the same residence. d. The Defendant has previously moved from the residence and, therefore, has proved that he can establish residence elsewhere. e. The Plaintiff is raising the parties minor child and the child should continue to remain in the marital home with Plaintiff, their natural mother. f. Plaintiff recently refinanced the marital residence and she is solely responsible for the mortgage. WHEREFORE, the Plaintiff, Susan E. DeVine, respectfully requests that this Honorable Court grant her the exclusive right to reside in the marital residence, with the furniture and household items therein, until such time as this Court may make a final Order of Divorce and Equitable Distribution. COUNT IV - EOUITABLE DISTRIBUTION 25. Paragraphs one (l) through twenty-four (24) are incorporated herein by reference as if set forth specifically below. 26. The parties have legally and beneficially acquired property, both real and personal, during their marriage. 27. The Plaintiff and the Defendant have been unable, as of the date of this Complaint, to agree as to an equitable division of said property. WHEREFORE, the Plaintiff, Susan E. DeVine, respectfully requests this Honorable Court to grant her exclusive possession of the marital residence, to grant her primary physical custody of her son, and to enjoin all marital property from being removed, disposed of, alienated, sold, or otherwise encumbered pending final hearing and settlement of all claims. The Plaintiff further requests the Court to incorporate any stipulation reached by the parties regarding the division of marital property into the divorce decree; or, should the parties fail to reach such an agreement, to equitably divide all marital property. Respsctfully submitted: cA--.- - DATED: '2/Z" If f{ I B. Wigbels, Esquire Law fices of Patrick F. Lauer, Jr. 2108 Market street, Aztec Building Camp Hill, Pennsylvania 17011-4706 PA Supreme Ct. ID No. 68735 Phone: (717) 763-l800 ATTORNEY FOR PLAINTIFF r' __ .'"",. .~.~~ SUSAN B. DEVINB, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA vs. No. LAWRENCB J. DBVI~, III, Defendant CIVIL ACTION - LAW DIVORCB/CUSTODY VERIFICATION I, Susan E. DeVine, hereby verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of l8 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: ~I:J, 5 /9fJ I I . /full1/11 f. Od~~' SUSAN E. DEVINE , Signature: J i i, i 1.... i .{, i { .. It.., I \' ':, , , I ~,' IV, : {/, i' I " I". . i,.. I' 'l I ') .\ . I i , , ! ! I 1 I~t. I( H, ! , ,. "J , , I ; ~~. ~_L~. ~' ~ FtJ ~ (1"" ~. (') .0 G 0.) (') ;l";{;,j ." -1I __I I ,.' ~ ,.., :',-J .' ..n :.:i ::rJ .' 1_> , . '-V ,- ; -'I'll .' , '-1 ::Ie! .. "Ie' , '7l ,-1_) '.~: (.1 ::..: "'1 i"" ~I' . , .;)(~ .....(..: S~l ..~ ,.~ril :;~ =-., 10,) :11 '" ~ ~ ~. c:. ~ ""- ~ ~ ........ (}, C).. '%1 ... '-N '-" '(<;. 0v .... CV i' ~ o c..> f.... .-. :i: ~ (Jl (') C'l 0 C 0 -" . '- '.-f -on~ ;!.;..: T O.Jnl ;1,;] ,:- :t./ 2r' N ~)ril O)rt. t;:' "'T' -< ..~ <~ICJ !7: ~-; ~ :.:!.." ~Q ;,:d -. -.;. () .....-l.J '":? "'orn ""c ~ z ?fj ~ .::- ..; ....._1 ;" () lO 0 c: C) '01 ~- "" =;-J "';.-:';j ,- gJ~2 :J) rl'i,:J1 i;5'.~'~': -rIm .t:'. ,\;I; ~~~ :~,~' -=.. ,) :? ,:=u ~-:-}o ~::: ~~~; ~ orn :3 :.n ~ ., :n en -< I I , I ! i I SUSAN B. DBVlNE, : IN TUB COURT OF COMMON PLEAS OF Plaintiff . CUMBBRLAND COUNTY, PBNNSYLVANIA . : vs. : No. 9B-1113 Civil . . LAWRENCB J. DBVINB, III, . CIVIL ACTION - LAW . Defendant . DIVORCB/CUSTODY . PLAINTIFF'S WAIVER OF NOTICB OF INTBNTION TO REQUEST ENTRY OF A DIVORCB DBCREB UNDER SBCTION 3301(cl OF THE DIVORCE CODB l. 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 if I 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. 4. 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 lB Pa. C.S. S 4904 relating to unsworn falsification to authorities. DATE: 5/.3)98 . . J~t f flJJ~ Susan E. DeVine Signature: ~ , ."" SUSAN E. DEVINE, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. . No. 98-l113 Civil . . . LAWRENCE J. DEVINE, III, : CIVIL ACTION - LAW Defendant . DIVORCE/CUSTODY . DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on March 3, 1998. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing 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. 4. 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 l8 Pa. C.s. S 4904 relating to unsworn falsification to authoriti DATE: 0hQ " / / / Signature. {/'L , SUSAN E. DEVINE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 98-1113 Civil vs. LAWRENCE J. DEVINE, III, Defendant CIVIL ACTION - LAW DIVORCE/CUSTODY DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330l(cl 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 if I 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. 4. 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 lB Pa. C.S. S 4904 relating to unsworn falsification DATE: ~~~p '. " ~ ........ , () \'4':) ,:'I (... :J,.) ,., .!'; r._ .-1 .,., ;:'~. '~; ',' r,'i; .pJ .. . I". ,- , j....,) ""In-, (n 't... U , '~IO , I !~ ,:t<i) " -,-j r-- , ~ _..-, " ..:~ (") C .. .~jrn ," C. ;:-i /: - 'J "-l ~j -, Iv ..~ APR 1 6 1996 f/J SUSAN E. DEVINE, "'ninlil}, ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, "ENNSYL VANIA vs. LA WRENCE J. DEVINE, 11/. Delcndnnl NO. 98.1113 CIVIL TERM CIVIL ACTION - CUSToDY D1mF.l~ AND NOW this /S:;J... dnyof A/'J I Conciliator that the parties have reached anagreemenl which makes further proceedings , 1998, it being reported to the unnecessary, the undersigned Conciliator hereby relinquishes jurisdiclionand relurns the matter to the Court Administrator. If either of the parties wishes further proceedings in this action, they should petilion the Courlanew. FOR THE COURT, hJLP MICI- AEL L. BANGS Custody Conciliator CC: Jeanne' B. Wigbels, Esquire Mr. Lawrence J. Devine, 11/