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HomeMy WebLinkAbout01-5858DIANA E. MATTESON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAN/A : CWIL ACTION - LAW : IN DIVORCE JOSE ROLANDO PAGUADA CHRINOS, : Defendant : NO. 2001- CIVIL TERM 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 ~oney 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 mamage counseling. A list of marriage counselors is available in the Office of the Prothonotary, 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 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 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 heating or business before the court. You must attend the scheduled conference or heating. DIANA E. MATTESON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE JOSE ROLANDO PAGUADA CHIRINOS,: Defendant : NO. 2001-~5-~,~~ CIVIL TERM DIVORCE COMPLAINT WITH EQUITABLE DISTRIBUTION COUNT The plaintiff, Diana E Matteson, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: COUNT I DIVORCE UNDER 23 Pa. CS. §§3301(c), ~3301(d) AND §3301(a)(6) OF THE DIVORCE CODE 1. Plaintiff is Diana E. Matteson, who currently resides at 117 Wyncote Court, Mechanicsburg, Cumberland County, Pennsylvania, since June, 1999. 2. Defendant is Jose Rolando Paguada Chirinos, who is currently incarcerated at Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania, since October 4, 2001. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on July 19, 2000 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The parties have lived separate and apmt since October 3,2001. 8. Plaintiff avers that Defendant, in violation of his marriage vows under the laws of the Commonwealth of Pennsylvania, has offered such indignities to the person of the Plaintiff, his injured and innocent spouse, as to render the condition of Plaintiff intolerable, and life burdensome. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the fight to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the Court to enter a decree of divorce. COUNT II EQUITABLE DISTRIBUTION 10. Plaintiff repeats and realleges paragraphs 1 through 9. 11. Plaintiff and Defendant have acquired marital assets and debts subject to equitable distribution under the Divorce Code, including, but not limited to the following: a. 1990 Mitsubishi Montero, b. Carpenter's tools, and c. Various personal belongings. WHEREFORE, plaintiff requests the court to enter a decree dividing the property equitably between the parties and such other relief as the court deems just. Respectfully Submitted, Michelle L. And~s~n Certified Legal Intern T . PLACE ROBERT E. PAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 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 unswom Date: ~' O~-T 'P-.--~z~'I - Diana"~ DIANA E. MATTESON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE JOSE ROLANDO PAGUADA CHIRINOS,: Defendant : NO. 2001-5-'c65~ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Diana E Matteson, Plaintiff, to proceed in forma pauperis. I, Michelle L. Anderson, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, ce~ify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. t x'--~ichelle L. Andensm~ Certified Legal Intern RAINS THOMAS M. PLACE TERI L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 SHERIFF'S RETURN - REGULAR CASE NO: 2001-05858 P COMMONWEALTH OF PENNSYLVANIA: cOUNTY OF CUMBERLAND MATTESON DIANA E VS CHIRINOS JOSE ROLANDO PAGUADA DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cu~erland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon CHIRINOS JOSE ROLANDO PAGUADA the DEFENDANT , at 1450:00 HOURS, on the llth day of October , 2001 at 1101 CLA~REMONT ROAD CARLISLE, PA 17013 JOSE ROLANDO PAGUADA CHIRINOS by handing to a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this /~6~ day of ~ ~! A.D. i t~rothonotary So Answers: R. Thomas Kline 10/11/2001 FAMILY LAW - Deputy Sheriff DIANA E. MATTESON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE JOSE ROLANDO PAGUADA CHIRINOS,: Defendant : NO. 01-5858 CIVIL TERM PRAECIPE TO DISCONTINUE EQUITABLE DISTgIBUTION To the Prothonotary: Please discontinue the Equitable Distribution claim in the above-captioned case. Certifi~l Legal Intern Dated: LUCY O~TON-WALSH THOMAS M. PLACE ROBERT E. RAINS Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Attorneys for Plaintiff DIANA E. MATTESON Plaintiff JOSE ROLANDO PAGUADA CHIRINOS,: Defendant : NO. · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : 01-5858 CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Diana E. Matteson, by her attorneys, the Family Law Clinic, files this complaint for custody, pursuant to Rule 1920.13(b)(2), requesting sole legal custody, care, and control and sole physical possesion of Gabriel Jose Paguada Matteson, bom June 19, 1999. In support of her complaint, plaintiff states as follows: 1. The plaintiff is Diana E. Matteson, curremly residing at 117 Wyncote Court, Mechanicsburg, PA 17055. 2. The defendant is Jose Rolando Paguada Chirinos, currently residing in Honduras, with a mailing address of Apartado Postal//6573, Tegucigalpa, Honduras, Centro America. 3. Plaintiff seeks custody of the following child: Name Present Residence Date of.______Birth Gabriel Jose Paguada Matteson 117 Wyncote Ct. 06/19/99 Mechanicsburg, PA 17055 Gabriel was born out of wedlock. The child is presently in the custody of Diana E. Matteson, who resides at 117 Wyncote Ct., Mechanicsburg, PA 17055. During the past five years, the child has resided with the following persons at the following addresses: Persons Diana E. Matteson Estella Matteson (maternal grandmother) Diana E. Matteson Jose Rolando Paguada Chirinos Estella Matteson Address 117 Wyncote Ct Mechanicsburg, PA 17055 117 Wyncote Ct. Mechanicsburg, PA 17055 Dates 10/01 - present 8/01 - 10/01 Diana E. Matteson Estella Matteson Diana E. Matteson Jose Rolando Paguada Chirinos Estella Matteson Diana E. Matteson Estella Matteson Diana E. Matteson Jose Rolando Paguada Chirinos Estella Matteson Diana E. Matteson Estella Matteson 117 Wyncote Ct. Mechanicsburg, PA 17055 117 Wyncote Ct. Mechanicsburg, PA 17055 117 Wyncote Ct. Mechanicsburg, PA 17055 117 Wyncote Ct. Mechanicsburg, PA 17055 117 Wyncote Ct. Mechanicsburg, PA 17055 7/01 - 8/01 3/01 - 7/01 2/01 - 3/01 7/00 - 2/01 6/99 - 7/00 4. The relationship of the defendant to the child is that of father. The defendant is currently residing in Honduras after conviction as a felon and administrative deportation from the United States. Defendant is prohibited from reentering the United States. Defendant is married to Plaintiff. 5. The relationship of the plaintiff to the child is that of mother. Plaintiff is married to Defendant. The plaintiff currently resides with the following persons: N~me ~ Estella Matteson Mother Gabriel Jose Paguada Matteson Son 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. Plainfiffhas no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other State. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has been primary caretaker since birth; b) Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the needs of the child; child; c) Plaintiff is willing and able to accept sole custody of the child; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the e) Defendant was deported on May 9, 2002 and is prohibited from returning to this country; f) Pursuant to a Protection From Abuse order entered 10/10/01 and valid until 04/10/03, Defendant is ordered not to abuse, stalk, harass, or threaten Plaintiff or her minor child, Gabriel. Defendant shall not contact Plaintiff or her minor child by telephone or by any other means; g) If the Court does not grant the relief requested, Plaintiff and her minor child will be irreparably harmed; h) The minor child is at serious risk to be abducted because the Defendant has made prior threats of abduction, he has a long history of violations and contempt for the law or authority, his marriage to Plaintiff is in the £mal stages of a divorce, and he is disenfranchised from Plaintiff and the child but has strong family support; i) Defendant poses a high risk of abducting the child and because of his location in Honduras, likelihood of recovery of the child is low. Honduras is a non-compliant member of the Hague Convention on the Civil Aspects of International Child Abduction. Abduction of the child would have a substantial negative impact on the child; 8. Each parent whose parental rights to the child have not been temfinated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant her sole legal custody, care, and control and sole physical possession of the child. Respectfully submitted, . Studenf Attorney ROBERT E. RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: 243-3639 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 unswom falsification to authorities. DIANA E. MATTESON Plaintiff JOSE ROLANDO PAGUADA CHIRINOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 01-5858 CIVIL TERM CERTIFICATE OF SERVICE I, Megan Malone, Certified Legal Intern, do hereby certify that I have served a mae and correct copy of the Complaint for Custody on the following persons by placing the same in the United States Mail, fast class, postage prepaid on this 28~ day of June, 2002. Michael J. Hanft, Esq. 19 Brookwood Avenue Suite 106 Carlisle, PA 17013 Diana E. Matteson 117 Wyncote Court Mechanicsburg, PA 17055 Date: ~'~ _/°,-0~, ..9_/F/_)L Megan ~alone Certified Legal Intern DIANA E. MATTESON PLAINTIFF V. JOSE ROLANDO PAGUADA CHIRINOS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5858 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 03, 2002 ., 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 Tuesday, August 06, 2002 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/ 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 ATrORNEY AT ONCE. IF YOU DO NOT HAVE AN ATrORNEY 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, pennsylvania 17013 Telephone (717) 249-3166 DIANA E. MATTESON, Plaintiff VS. JOSE ROLANDO PAGUADA CHIRINOS,: Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5858 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ]~..~x day of ~ , 2002, upon consideration of the attached Custody Conciliation Report, it~is ordered and directed as follows: 1. The Mother, Diana E. Matteson, shall have primary physical and sole legal custody of Gabriel Jose Paguada Matteson, bom June 19, 1999, which shall include sole care, control and physical custody of the Child. 2. In the event that all legal restrictions on the Father's ability to contact the Child (including, but not limited to, the Protection From Abuse Order and any Deportation restrictions), the Father may Petition the Court for a review of the custody arrangements. The Father shall not have contact with the Child except as specifically provided by Order of this Court. Jo cc: A~legan Malone and Lucy Johnston-Walsh, Esquire - Counsel for Mother .~Jose Rolando Paguada Chirinos - Father 7 DIANA E. MATTESON, Plaintiff VS. JOSE ROLANDO PAGUADA CHIRINOS,: Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5858 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: NAME CIVIL The pertinent information concerning the Child who is the subject of this litigation is as DATE OF BIRTH CURRENTLY IN CUSTODY OF Gabriel Jose Paguada Matteson 6/19/99 Mother 2. A Conciliation Conference was held on August 6, 2002, with the following individuals in attendance: The Mother, Diana E. Matteson, with her counsel, Megan Malone and Lucy Johnston- Walsh, Esquire. The Father, Jose Rolando Paguada Chirinos, currently resides in Honduras as he was deported by the United States government on May 9, 2002..According to the Mother and her counsel, the Father has been permanently denied reentry into the United States. By letter dated February 27, 2002, counsel for the Father at that time, Michael Hanft, Esquire, advised the Family Law Clinic that he was representing the Father in the divorce and custody matter and directed that all communication be addressed to him rather than to the Father. Subsequently, the Clinic was advised that Mr. Hanft was not representing the Father in the custody matter and was not authorized to accept service on the Father's behalf. The Mother's counsel forwarded the Custody Complaint and Notice directly to the Father in Honduras. The Father did not attend the Conference and the Conciliator has received no communications on his behalf. 3. It should be noted that on October 10, 2001, this Court entered a Protective Order prohibiting the Father from contacting the Mother and Child by any means through April 10, 2003. 4. The Mother stated at the Conference that the parties separated on October 3, 2001 after an incident in which the Father threatened her with a machete. According to the Mother, the Father was convicted of terroristic threats, disorderly conduct and other related offenses and was incarcerated as a result. The Mother's counsel indicated that the Father was required to return to Honduras by permanent Administrative Deportation order. The Mother filed this Petition for primary physical and sole legal custody of the Child. 5. Based on the representations made by the Mother and her counsel at the Conference, the Conciliator recommends an Order in the form as attached. Date " Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA E. MATTESON, : Plaintiff : : V. ; JOSE ROLANDO PAGUADA CHIRINOS,: Defendant : CIVIL ACTION - LAW NO. 01-5858 IN DIVORCE ENTRY OF APPEARANCE TO PROTHONTARY: Please enter my appearance on behalf of the Defendant, Jose Rolando Paguada Chirinos, in the above-captioned divorce matter only and not the custody count. Respectfully submitted, Dated: HANFT & KNIGHT, P.C. Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorney for Defendant DIANA E. MATTESON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DiVORCE JOSE ROLANDO PAGUADA CHIRINOS,: Defendant · NO. 01-5858 CIVIL TERM PRAECIPE To the Prothonotary: It appearing that the Master's report in the above stated case has been filed for ten days, that no exceptions have been filed thereto, 'that the costs have been fully paid and that all the requirements of law and Rules of court have been met, you are hereby directed to submit the said case to the Court of Common Pleas of Cumberland County, Pennsylvania, at the next sitting thereof. Farnil3gLaw Clinic Attorney for Plaintiff Megan Malone Certified Legal Intem LUCY JOHNSTON-WALSH Supervising Attomeys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717 243-2968 · I, ., Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, do hereby certify that the costs in the above stated case have all been paid, including the Master's fee. Prothonotary DIANA E. MATTESON Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE JOSE ROLANDO PAGUADA CHIRINOS ' Defendant :NO. 01-5858 CIVIL TERM CERTIFICATE OF SERVICE I, Megan Malone, Certified Legal Intern of the Family ]Law Clinic, do hereby certify that I have served a copy of the Plaintiff's Praecipe to submit the above case to the Court of Common Pleas of Cumberland County, Pennsylvania on the following individual by depositing a copy of the same in the United States mall, first class, postage prepaid on this the 21st day of October, 2002. Lindsay Gingrich Maclay Hanft and Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 Megan t(/lalone Certified Legal Intern IN THE COURT OF COMMON PLEAS CFCUMBERLAND COUNTY ST~'rE Of PENNA. Diana E. Matteson Plaintiff VErsUs Jose Rolando Paguada Chirinos Defendant NO. 01-5858 ~i vi 1 Term DECREe IN AND NOW, DIVORCE DECREED THAT Diana E. Matteson , PLAINTIFF, AND Jose' Rolando Paguada C~irinos , 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 ATTEST: PROTHONOTARY ++++ ++ +++ +++ +++++