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HomeMy WebLinkAbout07-1420REBEKAH STOUGHT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. Q 7 _ ??ad CIVIL TERM TODD STOUGHT, : ACTION IN DIVORCE 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 REBEKAH STOUGHT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. O7- lyaD CIVIL TERM TODD STOUGHT, : ACTION IN DIVORCE Defendant COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Rebekah Stought, a competent adult individual, whose address is 422 Mohawk Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Todd Stought, a competent adult individual, whose address is 123 Whiskey Run Road, Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on December 29, 2001 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have one child together, namely, Shelby Sue Stought, date of birth, October 19, 2004. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: that the marriage is irretrievably broken pursuant to 23 Pa.C.S. 3301(c); WHEREFORE, Plaintiff requests the court to enter a Decree in divorce. COUNT II - CUSTODY 2004. 11. Sections 1. - 10. are herein incorporated by reference. 12. The parties are the natural parents of Shelby Sue Stought, date of birth, October 19, 13. The parties have been unable to enter a custody stipulation in writing. 14. A custody complaint is being filed contemporaneously with this complaint. WHEREFORE, Plaintiff prays this Honorable Court, to enter a custody Order regarding the child. Respectfully submitted, Date: !?) ? J - 0 rj Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 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 unsworn falsification to authorities. t"45X 2&4e(& Date: 3-13-07 Rebekah Stought, Plaintiff/' C" h1 ?a ° _ n .=v7 ? T rl -77 cn co REBEKAH STOUGHT, Plaintiff V. TODD STOUGHT, Defendant 1. Plaintiff is Rebekah Stought, who currently resides at 422 Mohawk Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Todd Stought, who currently resides at 123 Whiskey Run Road, Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff is the Mother of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Shelby Sue Stought 10/19/2004 (2) 422 Mohawk Road Newville, Pa. 17241. Mother and Father married on December 29, 2001. Mother has had primary physical custody of the child since the parties' separation on January 23, 2007. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 1- y ago CIVIL TERM ACTION IN DIVORCE CUSTODY COMPLAINT During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Rebekah Stought Todd Stought Rebekah Stought maternal grandparents 123 Whiskey Run Road Newville, Pa. 17241. 422 Mohawk Road Newville, Pa. 17241. birth - 1/23/07 1/23/07 - present The mother of the child is Rebekah Stought. She currently resides at 422 Mohawk Road, Newville, Pa. 17241. She is married to Todd Stought. The father of the child is Todd Stought. He currently resides at 123 Whiskey Run Road, Newville, Pa. 17241. He is married to Rebekah Stought. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the child and her parents. 5. The relationship of defendant to the child is that of Father. The defendant currently lives alone. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties were married in December 2001 but have recently separated. The parties have been unable to agree to a custody stipulation regarding the child Mother has been the primary caretaker of the child since birth and mother believes it would be the child's best interest to enter an order confirming that she has primary custody of the child and granting periods of partial custody to father. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Respectfully submitted, Date: -51 ( 3 . 0 7 ?i r79i4 quire I.Deet Carlisle, Pa. 1 7013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody 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 unsworn falsification to authorities. Date: 3 - / 3- 07 Rebekah Stought, Plainti C rv ?.a CD - ' =L7 ' 7I T. ' 1 - -"i 4I w REBEKAH STOUGHT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TODD STOUGHT DEFENDANT 07-1420 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 22, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 27, 2007 at 2:00 PM 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john . Man an r. Es q. Custody Conciliator tp_ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Alw C err qqvino LC :Z W8 ZZ M LOOZ 33"41a L-?w'u REBEKAH STOUGHT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 07 - 1420 CIVIL TERM TODD STOUGHT, : ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this March 26, 2007, I, Jane Adams, Esquire, hereby certify that on March 17, 2007, a certified true copy of the NOTICE TO DEFEND, DIVORCE COMPLAINT and CUSTODY COMPLAINT were served upon the Defendant, via certified mail, restricted delivery, return receipt requested at the following address: Todd Stought 123 Whiskey Run Road Newville, Pa. 17241 • Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. DEFENDANT ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: A. Signature X q?,lb? B. Received by (PrfntedMarne) C. Date of Delivery Todd Siot,y hr 34-7-07 D. Is delivery address different from item 11 ? Yes tf YES, enter delivery address below: ? No ? Agent W Addre TODD STOUGITT 123 WHISKEY RUN RD NE gVILLE PA 17241 3. Ice Type Certified Mal 0 Express Mail Registered 0 Return Receipt for Merchandise ? Insured Mal O C.O.D. 4. Restricted Delvery9 (Extra Fee) 2. Article Number 7006 0810 0000 7884 1316 Mwww hom service kfto P6 Form 3811, February 2004 Domestic Return Receipt Respectfully Submitted: te dam s, Esquire o. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 102506-M-WIM a G "C3 CX? r r. yam, :t+ ? --rrt ' n 7 " T C o t .. c REBEKAH STOUGHT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 1420 CIVIL TERM TODD STOUGHT, : ACTION IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME. To the Prothonotary: Notice is hereby given that the Plaintiff in the above matter: _X_ prior to the entry of a Final Decree in divorce. OR after the entry of a Final Decree in Divorce hereby elects to resume the prior surname of HOSLER avowing her intention pursuant to the provisions of 54 P.S. s704. Date: y/a,/© Rebekah Stought Prior Name Rebekah Hosler Signature of Name being resumed. COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) h? On this, the day of ?- , 2007 before me, the undersigned officer, personally appeared REBEKAH STOUGHTIREBEKAH HOSLER personally known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I OF P NNSriet Seat is ay MExPM Sept 6, 2t>(18 my hand and official seal. Public commission expires: ml:l C zz? t;. -a N 4V Q -CIO ii REBEKAH STOUGHT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 1420 CIVIL TERM TODD STOUGHT, : ACTION IN DIVORCE Defendant PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Rebekah Stought, n/k/a Rebekah Hosler, is a competent adult individual, who resides at 422 Mohawk Road, Newville, Pa., 17241. 2. Petitioner's date of birth is October 27, 1978 and her social security number is: 209- 60-8606. 3. Respondent, Todd Stought, is a competent adult individual, whose address is 123 Whiskey Run Road, Newville, Pa. 17241. 4. Respondent's date of birth is 10/20/68. 5. A divorce complaint and a Petition for Additional Claims, which contained claims for Divorce, Equitable Distribution, Alimony, and Alimony Pendente Lite was filed under the above- captioned docket number. A true and correct copy of the Petition for Additional Claims is attached to this petition. WHEREFORE, Petition requests that the Court Order alimony pendente lite. Respectfully submitted, Date:ls v J e Adams, Esquire Y.D. No. 79465 64 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER REBEKAH HOSLER VERIFICATION I verify that the statements made in this PETITION are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: f?) - r7- 07 , Rebekah Hosler, Petitioner r- ?"? J =-i i C. ---? ..-.i '' ? ' ' .. "". --c'2 - - ? ?? "'.i ^? ) r e? '??.-?-?i l' 1 .` ^ ' . ??? .+w, r REBEKAH STOUGHT, Plaintiff V. TODD STOUGHT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 1420 CIVIL TERM ACTION IN DIVORCE PLAINTIFF'S PETITION FOR ADDITIONAL CLAIMS AND NOW COMES, Petitioner, Rebekah Stought, n/k/a Rebekah Hosler, by and through her Attorney, Jane Adams, Esquire, and respectfully represents the following: COUNT I - EQUITABLE DISTRIBUTION OF PROPERTY 1. Plaintiff and Defendant were married on December 29, 2001, and were separated on January 9, 2007. 2. Plaintiff/Respondent filed a Complaint in Divorce under the above-captioned docket number on March 13, 2007. 3. During the course of the parties' marriage, they acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 4. Plaintiff and Defendant have been unable to agree as to an equitable division of said marital property. 5. Plaintiff is seeking an equitable division of all marital property. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Plaintiff and Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 6. Items I - 5 are herein incorporated by reference. 7. Petitioner lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 8. Petitioner is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 9. The Respondent enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Petitioner from Respondent alimony in such sums as are reasonable and adequate to support and maintain Petitioner in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 10. Items 1 - 9 are herein incorporated by reference. 11. Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 12. Respondent enjoys a substantial income and is well able to contribute to the support and maintenance of Petitioner during the course of this action. WHEREFORE, the Plaintiff requests that this Honorable Court enter an award of Alimony Pendente Lite until final hearing. COUNT IV - COUNSEL FEES, COSTS AND EXPENSES 13. Items 1 - 12 are herein incorporated by reference. 14. Plaintiff is without sufficient funds to retain counsel to represent herself in this matter. 15. Without counsel, Petitioner cannot adequately prosecute her claims against Respondent and cannot adequately litigate his rights in this matter. 16. Respondent enjoys a substantial income and is well able to bear the expense of Petitioner's attorney and the expense of this litigation. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of counsel fees, costs, and expenses. Respectfully submitted, Date: 1 ?] , D JJA / TJems, Esquin No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this PETITION are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: s -/"7-07 Lidad Rebekah Hosler, Petitioner i 1 z Y? v REBEKAH STOUGHT, Plaintiff/Petitioner VS. TODD STOUGHT, Defendant/Respondent THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-1420 CIVIL TERM IN DIVORCE PACSES CASE NO: 245109187 ORDER OF COURT AND NOW, this 25th day of May, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on June 19, 2007 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W -2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Jane Adams, Esq. Maria P. Cognetti, Esq. Date of Order: May 25, 2007 k'j. day, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ?? .-? ?.?.? = .? - ? .? -r' = , ? -; ? ?? , r? =?-' cJ.? SEP 10 2007, B REBEKAH STOUGHT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07 - 1420 CIVIL ACTION LAW TODD STOUGHT, IN CUSTODY Defendant ORM OF COURT AND NOW this day of 2007, upon consideration of the attached Custody Conciliation'Report, it is Or d Directe as follows: 1. The Father, Todd Stought, and the Mother, Rebekah Stought, shall have shared legal custody of Shelby S. Stought, date of birth 10/19/04. The parties shall have an equal right 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 23 Pa.C.S.' §5309, each parent shall be entitled to all records and information pertaining to the child including, but,not limited to, medical, dental, religious or school records, the residence address of the child;and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The Mother shall enjoy primary physical custody of Shelby S. Stought, date of birth 10/19/04. 3. The Father shall' have periods of partial physical custody with Shelby Stought commencing May 26, 2007 from -Friday at 4:00 pm through Sunday 7:00 pm. The following weekend, Father's custody shall be 'Friday 4:00 pm until Sunday 9:00 am. The third weekend shall be from Friday 4:00 pm until Sunday 7:00 pm. The fourth weekend shall be Mother's weekend. This weekend: schedule shall continue forward thereafter. Father shall additionally have periods of physical custody every Tuesday 4:00 pm through Wednesday 6:30 am and every Thursday from 4:00 pm until 7:00 pm and such other times as the parties may mutually agree. 4. The custody exchange location shall be at Deihl's Unimart unless otherwise mutually agreed upon. 5. Holidays: Major holidays with the Child shall be alternated between the parents as agreed upon. It is understood that Mother always has Mother's Day and Father always has Father's Day. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the, extent, possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 7. In the event of a medical : emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Orderby mutual consent. In the absence of mutual consent, the terms of this Order shall control. The parties are directed to contact the assigned Conciliator to arrange for a status update conference if necessary. Distribution: tgne Adams, Esquire ^'a Cognetti, Esquire i us J. Mangan, Esquire g _'? LAJ REBEKAH STOUGHT, Plaintiff V. TODD STOUGHT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 1420 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCH.IATIUN SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Shelby S. Stought 10/19/04 Mother 2. A Conciliation Conference was held with regard to this matter on April 27, 2007 with the following individuals in attendance: The Father, Todd. Stought with his counsel, Maria Cognetti, Esquire The Mother; Rebekah Stought, with her counsel, Jane Adams, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Jo gan, Esquire C dy Conciliator Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBEKAH STOUGHT V. TODD STOUGHT NO. 07-1420 DIVORCE DECREE AND NOW, L Gtr ,?_, it is ordered and decreed that REBEKAH STOUGHT , plaintiff, and TODD STOUGHT , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, f C'oPy r,???'l led C?er p / i -/ ?/°/' `'e- t &Ry Way e'