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HomeMy WebLinkAbout07-1422PATRICK S. ANDERS, Plaintiff V. MARY G. ANDERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. d7_ /yaa CIVIL TERM ACTION 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 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 PATRICK S. ANDERS, Plaintiff V. MARY G. ANDERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM ACTION IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Patrick S. Anders, a competent adult individual, whose address is 17 E. Eppley Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Defendant is Mary G. Anders, a competent adult individual, whose address is 17 E. Eppley Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 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 September 5, 1987 in Pittsburgh, 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 two children together. 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 11. Sections 1. - 10. are herein incorporated by reference. 12. The parties are the natural parents of two children, namely: Kyle Hennessey Anders, date of birth, March 8, 1993 and Ryan Patrick Anders, date of birth, April 30, 1991. 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 children. Respectfully submitted, Date: I J e Adams, Esquire . No. 79465 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 'Y 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. Date:3113167 Patrick S. Anders, Plaintiff 1? ) 41 V yn? V 0 'Ilk r + I T1 r PATRICK S. ANDERS, Plaintiff V. MARY G. ANDERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Qc? _ L ?Z. Z CIVIL TERM : ACTION IN DIVORCE CUSTODY COMPLAINT 1. Plaintiff is Patrick S. Anders, who currently resides at 17 E. Eppley Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Defendant is Mary G. Anders, who currently resides at 17 E. Eppley Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Plaintiff is the Father of the following children and seeks a custody order regarding the following children: NAME DOB/AGE ADDRESS Kyle Hennessey Anders 3/8/93(14) 17 E. Eppley Dr. Carlisle, Pa. 17015 Ryan Patrick Anders 4/30/91 17 E. Eppley Dr. Carlisle, Pa. 17015. Mother and Father married on September 5, 1987. The parties currently share physical and legal custody of the children. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Patrick S. Anders 17 E. Eppley Dr. 2002 - present Mary G. Anders Carlisle, Pa. 17015 % The mother of the children is Mary G. Anders. She currently resides at 17 E. Eppley Drive, Carlisle, Cumberland County, Pennsylvania, 17015. She is married to Patrick S. Anders. The father of the children is Patrick S. Anders. He currently resides at 17 E. Eppley Drive, Carlisle, Cumberland County, Pennsylvania, 17015. He is married to Mary G. Anders. 4. The relationship of plaintiff to the children is that of Father. The plaintiff currently resides with the mother and the children, but a separation is imminent. 5. The relationship of defendant to the children is that of Mother. The defendant currently lives with the mother and the children, but a separation is imminent. 6. 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. Plaintiff has no information of a custody proceeding concerning the children 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 children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties were married in 1987 and a divorce was filed contemporaneously with this action. The parties have not yet agreed to a custody stipulation regarding the children. It would be in the best interest of the children for a custody order to be entered because this would provide stability and security for the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of a child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the children. Respectfully submitted, Dater , J , 0 ? Adams, Esquire 1. No. 79465 South Pitt Street Carlisle, Pa. 17013 (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: 3l i3/ 5 7 Patrick S. Anders, Plaintiff Q V c'l rv c _ : t - TI .T3 t „l PATRICK S. ANDERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-1422 CIVIL ACTION LAW MARY G. ANDERS IN CUSTODY DEFENDANT 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 Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 19, 2007 at 8:30 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/ ac ue,Une M. Verne Es . 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 LO - It?1i.S 3N9d PATRICK S. ANDERS, Plaintiff V. MARY G. ANDERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 1422 CIVIL TERM : ACTION IN DIVORCE ACCEPTANCE OF SERVICE I, Melissa Peel Greevy, Esquire, represent Mary G. Anders in the above-captioned matter; I hereby accepted service of the Notice to Defend, Complaint in Divorce and Custody Complaint, on or about the date listed below, which was filed by Plaintiff under the above-captioned number and I hereby affirm I am authorized to do so. Date?td'; ! Melissa Peel Greevy, Esquire 301 Market St. Lemoyne, Pa. 17043 (717) 761-3SZ Alf/10 ATTORNEY FOR DEFENDANT 0 On 3 rn 1 V • .. APR 2 3 2007 POP PATRICK S. ANDERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-1422 CIVIL ACTION - LAW MARY G. ANDERS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 7,6 f day of_ A N1. I , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Patrick S. Anders and the Mother, Mary G. Anders, shall have shared legal custody of Kyle Hennessy Anders, born March 8, 1993 and Ryan Patrick Anders, born April 30, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall have the following periods of partial physical custody: A. Beginning April 27, 2007 alternating weekends from Friday after school to Sunday at 7:00 p.m. Father's weekend shall be extended to Monday at 7:00 p.m. if Monday is a school holiday. B. Every Tuesday and Thursday from after school to 7:00 p.m. C. Such other times as the parties agree. c') C act r c, r- Cl%j Cf) LLI LU L cis W . 1 4. Holidays: A. The parties shall alternate the following holidays: Memorial Day, July 4t', Labor Day, Thanksgiving and Easter. Mother shall have Memorial Day 2007 and the parties shall alternate thereafter at times as agreed. B. Christmas. Father shall always have physical custody of the children on Christmas Eve until 5:00 p.m. or until after church. C. Mother's Day/Father's Day. Mother shall always have physical custody of the children on Mother's Day at times agreed by the parties. Father shall always have physical custody of the children on Father's Day at times agreed by the parties. 5. Each parry shall be entitled to two non consecutive weeks in the summer provided they give the other party 30 days prior notice and the location and telephone number where the children may be reached. 6. The parties shall have liberal telephone contact with the children. 7. Neither parry may use alcohol or illegal drugs 12 hours preceding or during their period of physical custody. 8. Transportation shall be shared such that the receiving party shall transport. 9. 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, J. ccA Adams, Esquire, Counsel for Father elissa P. Greevy, Esquire, Counsel for Mother 4 ? ei oa? " . . PATRICK S. ANDERS, Plaintiff V. MARY G. ANDERS, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1422 CIVIL ACTION - LAW : IN 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle Hennessy Anders March 8, 1993 Mother Ryan Patrick Anders April 30, 1991 Mother 2. A Conciliation Conference was held in this matter on April 19, 2007, with the following in attendance: The Father, Patrick S. Anders, with his counsel, Jane Adams, Esquire, and the Mother, Mary G. Anders, with her counsel, Melissa P. Greevy, Esquire. 3. The parties agreed to an Order in the form as attached. It is anticipated that Father's Tuesday and Thursday periods of partial physical custody will occur in the marital home until May 3, 2007. Thereafter, Father will exercise his periods of partial physical custody at his home. q-V?A-, Date ac eline M. Verney, Esquire Custody Conciliator PATRICK S. ANDERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 1422 CIVIL TERM MARY G. ANDERS, : ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on March 13, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 4jl 7/0 9 i LiA?t?crc. Patrick S. Anders, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 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. 1 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 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: ? 0 0/ J Patrick S. Anders, Plaintiff r_ ?' 4 =?? ' ?:? ?. t°? A? ? ,?;; r -' _?-? . .. - C :':-l i , :? . _. '< ?,,. PATRICK S. ANDERS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 1422 CIVIL TERM MARY G. ANDERS, : ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 2007. 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on March 13, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: q/d S f , / Mary nders, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 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. 1 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 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: ct / r ! ` f Mary Ga?44 -'& . ders, Defendant ?-- ` -Try c? CO 1 u PATRICK S. ANDERS, Plaintiff V. MARY G. ANDERS, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - 1422 CIVIL TERM ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please accept this request to 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 the service of the Complaint: Acceptance of Service on March 27, 2007, filed March 29, 2007. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: By Defendant: June 19, 2008. June 19, 2008. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Contemporaneously with this praecipe. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Contemporaneously with this praecipe. Date: U ? 1 6% n s,2.. Respectfully Submitted: ce ms, E squire 9465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff c t_. ?? ?,-? ?;:? `?i __ +?` ? ?.. 7? _ . - ` {?-. ? C _.. _ ? ;n _:?i ., --? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Patrick S. Anders, Plaintiff VERSUS Mary G. Anders, Defendant No. 07 - 1422 Civil Term No. DECREE IN DIVORCE AND NOW, J ? Z6 0,Y, IT IS ORDERED AND Patrick S. Anders DECREED THAT Mary G. Anders AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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. BY THE COURT: ATT ST: J PROTHONOTARY ??? ?? ???? ?? ?o - / - z ..