Loading...
HomeMy WebLinkAbout03-1313MICHELLE L. GARDENHOUR, Plaintiff VS, TROY A. GARDENHOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT.C' You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 in 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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 Telephone: (717) 249-3166 MICHELLE L. GARDENHOUR, Plaintiff VS, TROY A. GARDENHOUR, Defendant ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELIN(' TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. MICHELLE L. GARDENHOUR, Plaintiff VS. TROY A. GARDENHOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. {:~, 13t3 IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, MICHELLE L. GARDENHOUR, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is MICHELLE L. GARDENHOUR, an adult individual who currently resides at 13 Lynn Avenue in Newburg, Cumberland County, Pennsylvania. 2. The Defendant is TROY A. GARDENHOUR, an adult individual who currently resides at 13883 Lower Edgemont Road in Waynesboro, Pennsylvania 17268. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 3 February 1996 in New Paris, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I -- IRRETRIEVABLE BREAKDOW[~, 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II -- EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have 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. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. COUNT III -- ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 1 1. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV -- ALIMONY PENDENTE UTI' 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. .COUNT V -- COUNSEL FEES AND EXPENSE?. Plaintiff is without sufficient funds to retain counsel to represent her in this 15. matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 .VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). UHI:LLE L. GARDEN'HOUR ' COUNTy CUMBERLAND NAME RESIDENCE FIRST TROy STREET OR R.D. MIDDLE A. ciT~, aORO. OR TWp. FIRST RESIDENCE STREET OR R.D. v~rvE PLacE OF T~S COUNTy DATE OF DECREE 3 MON~/ WIFE MIDDLE L. ci~, eORO. OR TWp. LAST State File Number State File Date DATE COUNTy OF MONTH (STATE OR FOREt aIR~ ON co~y) oT~e (S~ECt~) v~ USUsAL OCct_~A T~o:A~tA LAST COUNTy STATE RACE PA ~Ot at~cK o~ (sp~,Ctry) (STATE OR FOREiON COUNTRy) ~.~MeER OF DE CblILDREN UND~RENiiDs ENT 3 SPLIT CUSTODy OTffER (SPEcIFy) DAy TROY A' GARDE --' GARDE, NIflOUR OF MONTt-I · rUL y Y~,l~ USUsAL OCCUFA T/ON oF 211 - 68- 7053 200'66-8793 Mom-~ DAy 3 1996 3301 i'D) DIVORCE CODE Motrin Day ~ 1NFPURSUANT TO ACT 2001~82DIVORCE INFORMATION SHEET STATE EFFECT '~ · ..... , VITAL STATISTIC ~ .... WE '~UARY I ~ - ~'~ A~ NO I ~ATION ~ LmU ~ ,..~,~uz. ~rHE PROTHONOTAry ~ ~QU~D BY THE DOCKET NUMBER: DATE OF MARRLAGE: ~--~- /~/~ February 3, 1996 MICHELLE L. GARDENHOUR Vo TROY A. GARDENHOUR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-1313 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE, TO THE PROTHONOTARY: PRAECIPE TO ENTER APPEARANCE Kindly enter my appearance on behalf of the Defendant in the above-captioned matter. Respectfully submitted, ABOM ~r KUTULaXTS, L. LP DATE Kara W. Haggerty, ~e 6[ 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant ID #86914 MICHELLE L. GARDENHOUR TROY A. GARDENHOUR : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 03-1313 CI¥IL TERM : : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE. AND NOW, this 3~D day of April, 2003, I, Kara W. Haggerty, Esq., hereby certify that I did receive and accept service of the Complaint in Divorce in the above captioned matter on behalf of the Defendant, Troy A. Gardenhour, and I further certify that I am authorized to do so. Respectfully submitted, ABOM & KUTULAIOS, L.L.P DATE Kara W. Haggerty54~qmre 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant ID #86914 MICHELLE L. GARDENHOUR, Plaintiff VS, TROY A. GARDENHOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1313 CIVIL TERM IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION OF RESIDENCE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the Court to award her and the children exclusive possession of the marital residence in this matter, based upon the following: 1. The Petitioner herein is the Plaintiff Michelle L. Gardenhour. The Respondent herein is the Defendant Troy A. Gardenhour. 2. The parties are husband and wife and are the, parents of three young children, Marissa P. Gardenhour, born 12 August 1996 and now' age 7, Madison J. Gardenhour, born 22 February 2002 and now age 3, and Megan A. Gardenhour, born 20 July 2001 and now age 2. All three of the children currently reside with the Plaintiff at the marital residence at 13 Lynn Avenue in Newburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks an award of exclusive possession of the marital residence to her for the following reasons: A. Plaintiff fears Defendant and fears physical abuse from him. In the past, Defendant has been physically abusive of Plaintiff and has threatened, struck, and otherwise exposed her to physical violence. B. Defendant has, on occasion, been physically violent toward the children of the parties and has also exposed them to his violence against Plaintiff. C. Defendant suffers from a mental condition which makes it difficult for him, at times, to control his conduct. In the past, when Defendant has been in denial and refused to recognize his illness and refused to take medication, he has been violent toward Plaintiff and the children or been violent in their presence. D. This court entered a Protection from Abuse Order to an action filed to No. 02-5855 which excluded the Defendant from the marital residence. That order was entered on 18 December 2002 and will expire on 18 December 2003. 6. Plaintiff believes that, without the protection afforded to her by the order entered in the protection from abuse action, Defendant will attempt to move back into the home, will come to the home without notice, or will otlherwise expose Plaintiff and the children to his violent and unruly conduct. 7. Defendant has lived outside the marital residence for approximately a year and Plaintiff believes that he has adequate housing without returning to the marital residence. WHEREFORE, Plaintiff prays this court to award her exclusive possession of the marital residence at 13 Lynn Drive in Newburg, Cumberland County, Pennsylvania, and to exclude the Defendant from that residence until further order of this court. Samuel L.. An~les ' Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). MICHELLI_: L. GARDENHOUR CERTIFICATE OF SERVICF hereby certify that I served a copy of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Kara W. Haggerty, Esquire 8 South Hanover Street, Suite 204 Carlisle, PA 17013 Date: 1 October 2003 Amy M.~rkins Secretary for Samuel L. Andes MICHELLE L. GARDENHOUR, Plaintiff VS, TROY A. GARDENHOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1313 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this ~lday of ~~ , 2003, upon consideration of the attached Petition for Exclusive Possession of Residence, a hearin hereby scheduled, to be held before the undersigned, in Court Room No.~__ of the Courthouse in Car sle, Pennsylvani~ commencing at ,~;~(~ Cumberla~t County ~r' ~ o'clock r.m. on~.al~~ the __ .~~a~ 2003. day of Distribution: ,/~amuel L. Andes, Esquire (Attorney for Plaintiff) ~_.~~ 525 North 1 2th Street, Lemoyne, PA 170,$3 vzKara W. Haggerty, Esquire (Attorney for Defendant) 8 South Hanover Street, Suite 204, Carlisle, PA 17013 IS ',./i N',;,'/,,'].,,t,?,~ N ~ d £d ~II !.!Y 91 ,33L':i0 (, :i-', MICHELLE L. GARDENHOUR, Plaintiff TROY A. GARDENHOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1313 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW, this 3rd day of December, 2003, the parties having appeared in court and having reached agreement for the entry of this order, which is dictated in their presence, we order and direct as follows: 1. Exclusive possession of the marital residence at 13 Lynn Avenue, in Newburg, Pennsylvania, is hereby granted to Michelle L. Gardenhour pending further order of this court or the conclusion of the divorce action between the parties. 2. The Defendant, Troy Gardenhour, and the Plaintiff, Michelle Gardenhour, shall meet at the residence at approximately 10:00 a.m. on Saturday the 20th of December, 2003, so that Mr. Gardenhour may walk through and inspect the house and its contents to determine if there are any items of personal property in the house that he would like to have. Both parties shall be accompanied by other adults and shall cooperate with each other and those adults to make the inspection as smooth as possible. If the parties agree that any of the items identified by Mr. Gardenhour may be removed by him, he shall do so at that time. In the absence of such an agreement, however, he will not remove any item that Mrs. Gardenhour objects to his removing, but will prepare a list of those items for further discussions between the parties or their counsel. 3. Nothing in this order shall be deemed by this court or by either party to effect a waiver or relinquishment by either party of their rights to ownership of the said residence or of the contents of the residence. By the Edward E. Guido, J. ~amuel L. Andes, Esquire For the Plaintiff ~ichael Traxler, Esquire For the Defendant srs MICHELLE L. GARDENHOUR, Plaintiff VS, TROY A. GARDENHOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PFNNSYLVANIA CIIVIL ACTION - LAW NO. 03-1313 CIVIL IN DIVORCE AFFIDAVIT OF CONSE~ll__~' 1, A Complaint in Divorce under Section 3301 (ct of the Divorce Code was filed on 26 March 2003 and was served upon the Defendant on, or about 3 April 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors end that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spcusc and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subj~ect to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE TROY A. GARDENHOUR MICHELLE L. GARDENHOUR, Plaintiff VS. TROY A. GARDENHOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1313 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION Ti:) REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in diw)rce 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. 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. Dated: TROY A. GARDENHOUR MICHELLE L. GARDENHOUR, Plaintiff VS. TROY A. GARDENHOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1313 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY _OF A DIVORCE DECREE UNDER SECTION 33011(c) OF THE DIVORCE CODi 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concernin§l 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. 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. Dated: HELLE L. GARDENHOUR MICHELLE L. GARDENHOUR, Plaintiff VS. TROY A. GARDENHOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1313 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 26 March 2003 and was served upon the Defendant on or about 3 April 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse end I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 15 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE rV~CHELLE L. GARDENHOUR MICHELLE L. GARDENHOUR, Plaintiff VS, TROY A. GARDENHOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1313 CIVIL iN DIVORCE _PRAECIPE TO TRANSMIT FIECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Acceptance of Service filed by Plaintiff', counsel indicatin.q service on or about 3 April 2003. --' " 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 23 June 2004. By Defendant: ~ (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: _Dated 23 June 2004 and filed Contemporaneously herewith. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 17 May 2004 and filed 24 May 2004 Date: Attorney for Plaintiff INTHE COURT OF CONIIViON PLEAS OF CUMBERLAND COUNTY STATE OF ,~ PENNA. MICHELLE L. GARDENHOUR, Plaintiff VERSUS TROY A. GARDENHOUR, Defendant NO. 03-1313 C~vil Term DECREE IN DIVORCE AND NOW,_ DECREED THAT AND MICHELLE L. GARDENHOUR TROY A. GARDENHOUR ARE DIVORCED FROM THE BONDS OF MATRIMONY. , v-~ _, IT IS ORDERED AND , 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 ATTEST: NOTARY