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Home My WebLink About00-05563 -f _~ "" , , it: it:fti:fit: fti . , , . . ... . ftiftifti fti . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . STATE OF PENNA. . . . . . . . . KAREN A. rARTGNAN No. ?nnn ~~h~ . , VERSUS GREGG R. CARIGNAN . . , . , . . . DECREE IN DIVORCE tJ'~ b ~J , IT IS ORDERED AND . . . . . . . . . . . . AND NOW, KAREN A. CARIGNAN DECREED THAT , PLAINTIFF, . GREGG R. CARIGNAN AND , 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 ENTlIJED; 'AI lMQ - . . , , . . , , . . , . . . . . . Am~ PRQTHONOTARY , . fti fti it: it: . , . . ,. . . . . . -,'h ~,I . . . , , , . . . . , . , , . , . . . . . . . . . . , . . . . . . . , , , , , . . . . . . . . . . . . . . . . J. . . . . . . . . fti fti .,.:.'f: ,~ ''''''''''~......," >-'~- ", ,-' ,~ . "~ ~ "'<'., "', -'". ~" .~" II. Jj ,{}J /! -/3 'c?3 '!"f.~ ~ ,--~"~, "~.,..~, , .!Ill!IW!l ,> I"" .., .,' '-;~, . ,','~;U'"" _,", ' .. ''''''-' "",v",,~, .< ,;-,'>~> ,c..-- SHERIFF'S RETURN - REGULAR CASE NO: 2000-05563 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARIGNAN KAREN A VS CARIGNAN GREGG SHANNON SUNDAY Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within ORDER OF COURT AND was served upon CARIGNAN GREGG R the DEFENDANT at 0015:32 HOURS, on the 11th day of August 2000 at 450 GETTYSBURG PIKE MECHANICSBURG, PA by handing to GREGG CARIGNAN a true and attested copy of ORDER OF COURT AND together with PETITION FOR SPECIAL RELIEF, COMPLAINT IN DIVORCE & NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.82 .00 10.00 .00 34.82 So Answers: r~~~~~e R. Thomas Kline 08/14/2000 O'BRIEN, BARIC & SCHERER me this n::::: day of BY:~m,~ Deputy Sheriff Sworn and Subscribed to before ~~ AD .. tL)v.,~p, '.ffr . rothonotary "i;,\I;". . J, ~,' '1JiUlililU lI11R'iWiltlij' L~lj.lt,j1&~~ooJil[ij:~!t"""'=""""""; - ;~:UJjt....",~,,,,,,,,, ,_..''''',~ '~" ~__ ,,,, _.~;"'",__~"" ",--0 L ";~"""""'""""L.,,', ";" ,<,~__"~__. ~, "",'"" , .<_.' '-", <"':";';: '~' --- -'''~' -- ~ - '''''", ".",', " e~ " " . - ~~,' .. , "" '~, , ,,' " '^, . . ,-",,""__'c ;::" -,C',:: '''I KAREN A. CARIGNAN, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. GREGG R. CARIGNAN Defendant :CIVIL ACTION - LAW :NO. 00-5563 CIVIL :IN DIVORCE NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE TO: GREGG R. CARIGNAN You have been sued in an action for divorce. You answered the complaint. You failed to file a counteraffidavit to the plaintiff's ~3301(d) affidavit. Therefore, on or after October 28.2003, the plaintiff can request the court to enter a flllal decree in divorce. If you do not file with the prothonotary of the court a counteraffidavit by the above date, the court can enter a final decree in divorce. A COUNTERAFFIDA VIT WHICH YOUMA YFILE WlTH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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, P A 17013 (717) 249-3166 ~, .~, "',"' " E5 j:;::Z ~. ._,~ ~,.~, ~c. "_, _"c"_:,_",}':O:CO,,., () 0 ~ c: V' ~. <::> .'"~ -ogj :3 -\~\ 9!! it\:O ~~ N 'U~ \D -n (5 ",-,' ~\.:} -0 ~:B !C';' :x ."'; ~~ ;p.g <.i! ;6 ~ N ~ -< N "< ^'- " , - -" - -_ ,~---, ~,,--~,.., "",,' <, "'t' .ti!f!~ KAREN A. CARIGNAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGG R. CARIGN~N, DEFENDANT ", ,,?/" 00-5563 CIVIL TERM ORDER OF COURT AND NOW, this Ib day of August, 2000, following a hearing on the merits of plaintiff's petition for exclusive possession of the dwelling house and adjoining property at 6495 carlis~~ike, Mechanicsburg, Cumberland County, I Pennsylvania, IT IS ORDERED: (1) Gregg R. Carignan is excluded from entering any portion of the house or adjoining property without the prior consent of Karen A. Carignan. (2) If Gregg R. Carignan wants to remove any tools or equipment he uses in his business from the basement portion of the dwelling house, or any other part of the property, Karen A. Carignan shall upon his prior request, allow him to remove such tools Robert O'Brien, Esquire For Plaintiff "..-----..--........., or equipment. Gregg R. Carignan, Pro se Mechanicsburg, PA 17055 450 Gettysburg Pike and 3507 Margo Road Camp Hill, PA 17011 , ~ ~ S'-/l'ou -r" :saa "., " t*~_~Rt:~'d!_~~"f;H~~_gtii!<<ljJii!i V..\i'(~f\',}~. ~.,~ti~~,\f\\n8 lJllnO,j.i' d"U nQ "'1'\ U I .., I' \ Q \ v'\\ \ 'l1 .. f. ,<; t~ J I ~v ;e"" y) r"" ~ .-,' ; i :" ":J ') j:'l.l I \:llilUNvnl.':' ";'1"'1'\ f\ ~ "Vilj-\(J---\,J:J ;,,, :Iv; -,',- ,,', "..,,> ,,,-,<<~=,~,= <'~,," ". 'e ,_, "" " ^' ','" . ,~;-"~,,",~ ~'-4 , " ,~ " .~,> ,,', ""~"~ -,....IiIiiitd~_~tlii ~~ I i I I (5' g;/ , u_ " - '", '-"'., ',< -, . " '-,', ,,'c '.- --"".., ~ ,~,' ,;" ~,,', "~.:;",,, ",~, ,," -- .c.:;:,," <'Y,':'i'".,:';'-",_ "'1 KAREN A. CARIGNAN , Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL V ANlA I , i L. !: i I r , i, t ..... ~. v. !' i I i GREGG R. CARIGNAN Defendant :CIVIL ACTION. LAW :NO. 00-5563 CIVIL :IN DIVORCE , i i' , I I I I I NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF SEPARATION 1. The parties to this action separated in December 2000, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 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. 94904 relating to unsworn falsification to authorities. Date: 0/ g J f8 I ~~ Karen C/ . , Plaintiff ~ , ~ -, ,-" "~ Y,-' ,':',-, , "',>"".-, ,;c''l,', , ~~; , -< ~ " KAREN A. CARIGNAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-5563 CIVIL TERM : CIVIL ACTION - LAW GREGG R. CARIGNAN, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Erin L. Benson, of the Family Law Clinic, certifY that on this 14th day of August, 2003, I am serving the foregoing Affidavit of Separation on behalf of Karen A. Carignan on the following person via first class US Mail, postage prepaid: Gregg Carignan 3507 Margo Road Camp Hill, PA 17011 Date: ~. /4, :lmJ3 ~c!~~ Erin L. Benson Certified Legal Intern I ":":-~'-''''''"'';';''t'll~ lli'''''' _.... _ ,'h, '"h' , ~, #" < -,- - "-;'''' ';~<,;',b,-,,-"-,,'--'<', "" "~''''''''-' o ~ -of:~ ~t~. (J~'7; ___ L. ~c., ~2; )>c z -' -< " '. L- "t-"" ~" '.,:' :"~-:t ~ -< ;:"""1- f,-) f} ;( t: ., KAREN A. CARIGNAN, Plaintiff : IN TIlE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL V ANlA v. GREGG R. CARIGNAN, Defendant : CIVIL ACTION - LAW : DIVORCE : NO. 00-5563 CIVIL TERM CERTIFICATE OF SERVICE 1'1" I, Erin 1. Benson, Certified Legal Intern, hereby certify that on this 'if day of Dc h ~ 2003,1 served a true and correct copy of the Praecipe to Transmit Record and Vital Records upon Gregg R. Carignan, by depositing the same in First Class Mail to the following address: 1705 Margo Road Camp Hill, P A 170]] /6/ Z '7/03 Date tL 1-~s~ Erin 1. Benson Certified Legal Intern F AMIL Y LAW CLINlC 45 North Pitt Street Carlisle, P A 17013 (717) 243 - 2968 - - ,=, - - ~,' :\>-1 i j , , ,oj i i I i , I I !i 'I i 'I 'I I ;1 I II !I I, 'I [:1 !:I I ") j:I I II I !I " II ii' I' d :i i 'M'~ J='" jlii:':o;~J JJUIUlL U . ..,~ ". -"'~"""'''''' ~"~ __~'lili\.I~~a w.'..... ;....,'.,;T"",.'~,..,. '.,....~.., .C' .-."c.,' ",..",,,"".'.;,'" ,,,,;,,-",,'..:.j! 0 0 ~ c <...:> ~~ 0 -I n :::r:--n r'P. ....... "'F:; Zf; N 'p,' ::,...y en"; \.0 t~Q ~c5 -0 _.~ ~. ic :J:: 0 t.V c: .- ~ ~ N N '< HI I lI.l .' "._,.~","'...' """ ." ,. M. KAREN A. CARIGNAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA "',,- ;"'---,"",--,j,':, 00", " t ii' j; I I: I I v. : NO. 00-5563 CIVIL TERM : CIVIL ACTION - LAW GREGG R. CARIGNAN, Defendant : IN DIVORCE AMENDED CERTIFICATE OF SERVICE I ! I I, Erin L. Benson, of the Family Law Clinic, certifY that on this 2nd day of June, 2003, I am serving the foregoing Praecipe to Enter Appearance on behalf of the Family Law Clinic and the Praecipe to Withdraw Appearance on the following person via US Mail: Gregg Carignan 3507 Margo Road Camp Hill, PA 17011 Date: to / Z /03 ~if ~S~ Erin L. Benson Certified Legal Intern " ~, " " ll!il"'irJ': 1 .LIB "-" u,,';; ,,- . ,~ ..- ~, y' 1iJ!:-J__' "~'-j~ ,~,~ ~ ,~, ,~~.. <> ,,"',--',,^~,' j,.<i.- . .,;..w';"",;,; ." ~ .. "' . -~ ';". f,S g)J "'...."",".,...;...;.",,''', ,.'.' . .,. .c, . .' ,.....;, 0 C:> C) C c,..:; '11 S. ,,~,~ -01.'::' ,-'- WlY! -::i:: i'" Z.J; ,." :ze' i") -,:':Jc;: cP. J.-" L~\,.l-, ::.:::.T 1<_' \2.C "'iJ -" " ;....--'- 'ZC ,,'_.... -~+' "..:.~~ .;.~O _-C) r:-: j\'ll )>'C -\ ..,- ,- ~ t:'" :0 0 :< "'" .~~~~ " i-'i I: 0 'i, # , KAREN A. CARIGNAN, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GREGG R. CARIGNAN Defendant : J'AC8E8 N9. sgl1Q25s!l : Nc.. 723 SUPPORT :989 C,'J: I 1Jo. :LOao -S'S-~.J. DEFDENDANT'S COUNTER-AFFIDATVIT AND ANSWER TO PLAINTIFF'S AFFIDAVIT OF SEPERATION 1. DENIED. The parties separated in July, 2002 (see Findings off acts by Michael Rundle support Master on May 7, 2003) a fact uncontested by the Plaintiff. 2. AMITTED. 3. DENIED. Defendant is without facts upon which to base this answer therefore ,\ denies. ~{'~ Gregg R. Carignan 3507 Margo Road Camp Hill, P A 17011 Date: September 8, 2003 , , . f " . Cl!:RTIFICA TE OF SERVICE <,',- - " ',-, ,~"~~j", h' I, Gregg R. Carignan, Certify that on this 9th day of September,2003 I am serving the Defendant's Counter-Affidavit on the following person via fIrst class mail through the United States Postal Service. Erin L. Benson 45 North Pitt Street Carlisle, PA 17013-2899 fhr~ (~ Gregg R. Carignan 3507 Margo Road Camp Hill, PA 170ll Date: September 9, 2003 alliillilliitim""""',j "",~ ~""""", "mB~ ~1itililI~tiMHffiM"10;t$lWill!1l'W$l'-$-'._;j\~f't t"j7'" -- . "'-~--f,,',)l, ,~,],,~>""'-UJ~!.,_ ~ .,=,~'c'-,~" .J~""",",~, ~""'.":, ~""~',<o_ ,,~ ~ ."" . .'_-,;, ., ,~__,~_~O, ,~", n' . llIlIIl" ~~ bdi~ - . " 't 0 C' () -' C CJ -" ~ -off ,,., M1 rr1rr -u Z::r', Zr; , W..: Q) ,-<"- !;2C , ~~::~ ~~ ec; -"""',~ ~CI N _"-",;rn )>C u Z --' -.. U1 ?D -< -< 0 (~ 0 C C-..) s: -n -0"" :::1 v,' mr" !--;""'l Z~i-----' 'r-':'::;' zr ;~-J;'-~ (/) c" --~2 ')6 r::c:; ,,'-1_ :;:0 ,i , .J:"" C)_.. );0 'r.o C r;? on1 Z :;;.! =< -../ On -< ~, -"'- 'it;" , !': ;:' i' KAREN A. CARIGNAN, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL V ANlA v. GREGG R. CARIGNAN, Defendant : CIVIL ACTION - LAW : DIVORCE : NO. 00-5563 CIVIL TERM AMENDED CERTIFICATE OF SERVICE :fI" 1, Erin L. Benson, Certified Legal Intern, hereby certify that on thisJ0 day of ()c.--tD b-e..v' 2003, I served a true and correct copy of the Praecipe to Transmit Record and Vital Records upon Gregg R. Carignan, by depositing the same in First Class Mail to the following address: 3507 Margo Road Camp Hill, P A 17011 ID f:J.'1fo3 ~d.~- Erin L. Benson Certified Legal Intern Date F AMIL Y LAW CLlNlC 45 North Pitt Street Carlisle, P A 17013 (717) 243 - 2968 ~, -, ", ~, ~" ~- 1i"'~''''.':':' ~' ," '~l:ilLn~II~~~iiOOlllil"" ,.'J~,LUI .ILl illl.l ,JII . Jl...~ ,L,..", ~[ ""--, ',~,.;,~l",,'f"' ",c'--i~,'-,", ;,,- IllIllllilifllliillllli'iii -"~, , ,. ,~. . ,,,,"~.. ,~=... ~',' .~. , "" ,""" '''''iilf'' ,,,''',''"' "., ,',", ",-,,' Q C) 0 c: <.oJ TI s:: 0 '-\ "'OOJ '" ;ft :D ~gj -l . - N --nm '75; :iJCfi w': w ,-"" ~6 '"-",~~ "'t:l :?~ ~~ ::c -0 ca ~m ~ \:n ~ ,N '< / ~ ~ , C" ,~",' , ' , L _ ~'_ L'li0 KAREN A. CARIGNAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. GREGG R. CARIGNAN, Defendant : CIVIL ACTION - LAW : NO. 2000- SSlo3. CIVIL : IN DIVORCE ORDER OF COURT AND NOW THIS 11f:A day of ~ ,2000, upon review of the / attached Petition for Special Relief, the Court issues a Rule upon Respondent to show cause why the relief requested should not be granted. SAID Rule-to-Show-Cause returnable at hearing set for~ ' the Jrd. day of ()~ ,2000 at330 AI\II/PM in Courtroom # ::i Cumberland County Courthouse, Carlisle, PA., 17013. J.y f\ ^~ f'\ 0 L" 6'( C\, \~'~ , c,","",e_ iIlI' k' " -~~ ~_nlillilli<'" .,-,,,~~,,,,,-__,!;li,,,~,JiB&~~ ~n,F ,ij.tl..4.:, ,,4 - , ''''"''", NfL!.']!,IL .,,1111) ..H~,.J~F~!",!, I,Ll"" ~",,, " 1'-<1,-' ;":~__ .ci '_' =" ~, '" - ., 'J\N'ifti'\f.SNN3d )IN\\OCl QN'4'1\:\:;?\/I\('\:) '2~ : \\ Vl,'l \'j \ d3S GO '\~J"O"\f"111(""" ,",.I' ~O ~.O: j.; ,1 '1Vi"\-'.V ,.;':\ ." \.~. -' ~ "10IU:,..,n;f1\.1 ;J 0-'''-' ,--,.J t_. '!*' ">~,.-.i " L . " m~.-"'~-""~j .' ~' " ~~,h'J~. KAREN A. CARIGNAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000- CIVIL : IN DIVORCE vs. GREGG R. CARIGNAN, Defendant PETITION FOR SPECIAL RELIEF 1) Petitioner is Karen A. Carignan, the Plaintiff in the above captioned action. 2) Respondent is Gregg R. Carignan, the Defendant in the action. 3) The parties have separated and the Petitioner and the three children have remained in the marital residence located at 6495 Carlisle Pike, Mechanicsburg PA 17055. The children are: Cassandra Lee Carignan, age 16, born 10/19/83; Chase Spencer Carignan, age 14, born 10/22/85; and Carra Lynn Carignan, age 12, born 12/1/87. Petitioner was awarded possession of the home by an Order of Court on August 16, 2000. 4) The Petitioner has income from a disability in the amount of $539.00 per month. The Respondent has not been assisting with support of Petitioner or the children. 5) The Petitioner and Respondent in the course of the last fifteen years had built a successful and profitable nursery and landscaping business, known as Gregg's Nursery and Garden Center, operating out of a leased premises at 450 Gettysburg Pike, Mechanicsburg PA. Recently, the Respondent has excluded the Petitioner from the business using the fact that only his name was on the lease. The lease was ~ < . ~ " "'" " -",,,'"~'~ ,-', ~ ~', obtained during the parties' marriage and constitutes marital property. The day to day , I,; operations of the nursery, including supervision of employees, bookkeeping, sales, ordering and customer relations were all performed or directed by the Petitioner. The landscaping work and physical labor were performed by the Respondent. 6) Since the Petitioner's exclusion from the business the business is failing. The actions by Respondent have resulted in the landlord attempting to take possession of the property prior to the end of the lease. The landlord will retake possession of the business premises on March 1, 2001, unless he is able to take possession earlier because of a breach of the lease. Petitioner incorporates the action brought by Adam Thomas against Gregg Carignan. 7) Petitioner avers that Respondent's neglect of the business will result in the loss of a valuable 'marital asset. The Respondent has collected a large amount of items at the business location, which items constitute marital property. 8) The Respondent is incapable of permitting the sale of these marital items prior to the end of the lease because of an obsessive-compulsive disorder. This same disability led to Respondent's lengthy history of litigation with Silver Spring Township and the ultimate clean up and disposal of the items located at the parties residence. Wherefore, pursuant to Pa. R.C.P. 1920.43, the Petitioner respectfully requests: A) That she be permitted to operate the business and conduct a sale or auction of the items prior to the end of the lease, B) that the Respondent account for the operations of the business during the time he excluded Petitioner from the business. and, C) such other relief as deemed necessary by the Court. ,"" .," - ~. Respectfully submitted, O'BRIEN, BARIC & SCHERER BY:~~ - Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 ~- -, - ~,'" - """, ;\' . l ' U ~ ~,-' . . " . 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. 94904, relating to unsworn falsification to authorities. /~ Karen A. Carignan rob/dom/carig2.pet . ., - k: KAREN A. CARIGNAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGG R. CARIGNAN, DEFENDANT 00-5563 CIVIL TERM ORDER OF COURT AND NOW, this -z.v\..- day of October, 2000, upon request of plaintiff, the hearing now scheduled for Tuesday, October 3, 2000, IS CONTINUED GENERALLY. ~o l~ \O'~ ~ Robert O'Brien, Esquire For Plaintiff EdgarB.Bay / Gregg R. Carignan, Pro se 450 Gettysburg Pike Mechanicsburg, PA 17055 and 3507 Margo Road Camp Hill, PA 17011 :saa ,. -.,~. !...L..... ~ fJI . '-..,~~ ~~--~.~- ^ .. 'aI~~~oIi$il'lIlill:li>&~~ ~~~ ~_,~iW1~- _.l!.f!lll."Jj-"-- ii\N\f!\lASNN'3d '\'Nnr{: n\\\(1'J::1q:MIV'I (\J.. ,_.'/" ", ,C...-.~\I\ IV ,,) n 1...1." \ V ~O n~ S.. iJO 00 ^B\!iO"\\\~'; "I : ':~. :1() ";r::\:~1 :~,O-~I~i'l': .. ".__i" .. n.'" ., ,," _iinV! -,,-,', ~~.,-~ .~ ~ c KAREN A. CARIGNAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-5563 CIVIL TERM : CIVIL ACTION - LAW GREGG R. CARIGNAN, Defendant : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the Family Law Clinic on behalf of the Plaintiff, Karen A. Carignan, in the above-captioned matter. ~f?#w' TIi MAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 Dated:H-o 3> PRAECIPE TO WITHDRAW APPEARANCE Please withdraw the appearance of Robert L. O'Brien in the representation ofthe Plaintiff, Karen A. Carignan, in the above-captioned matter. Dated: 1l'2'Z.1'D3 7()~A.A-V' . Mr. Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, P A 17013 (717) 249-6873 ,-. , ,," _'~" " 'h .~ -';.-Ii!lI-~,lIi! I' ... ., ..... KAREN A. CARIGNAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-5563 CIVIL TERM : CIVIL ACTION - LAW GREGG R. CARIGNAN, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Jacinta M. Testa of the Family Law Clinic, certify that on this 2nd day of May, 2003, I am serving the foregoing Praecipe to Enter Appearance on behalf of the Family Law Clinic and the Praecipe to Withdraw Appearance on the following persons via US Mail: Robert O'Brien, Esq. O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 Gregg R. Carignan 6495 Carlisle Pike Mechanicsburg, PA 17055 t,2/ D 3 atl ^ . ,~ q ., ...[J,.!ill",,,, '" .l"<","AA.', Ii" ,~ Uii!t-l!- -Hii~jT' .".J. - ,.,-, O~_ _~ (") C :S.... -oG.:: n"lrr: "'-, 65 5;~- -<~, ~f.~__' ~r--; ~~;, 2: =< , .... ... c..:) c.,) o -on _J.'~ :;::0 ~, :.::1 1~! .--:~ts ~--) c-:, " -[I l'~:IJ '=-0 ,'~~m ~ ::D -< I 1'0 ::;! ...,.... iSi :.n I'V ~111 .' , ~4}J.j , . KAREN A. CARIGNAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000- 55"t'o3 CIVIL : IN DIVORCE vs. GREGG R. CARIGNAN, Defendant ORDER OF COURT ~ AND NOW THIS J t) day of August, 2000, upon review of the attached Petition for Special Relief, the Court issues a Rule upon Respondent to show cause why the relief requested should not be granted. SAID Rule-to-Show-Cause returnable at hearing set for -\:b ~ day of WJLc:ll.. , the f+u<, ..~ ,2000 at "If~<f.f" AM/<Pfvt in Courtroom # .) Cumberland County Courthouse, Carlisle, PA., 17013. Z- , PENDING said hearing, the Petitioner is granted sole and exclusive possession of the parties' marital residence located at 6495 Carlisle Pike, Mechanicsburg, PA, consisting of a piece of land containing 20,034.52 square feet with a 1 1/2 story brick dwelling. >- <'J ~ ~ N ts~ ..;:r :::>..:;!; Q:;"T~ :;.:: ~~ ~_L a.... a:::i ) J. C' -' 3~ Cl ,0_ CJ ~:',j .-'-- ., C~.: o:z '-'-' ::::J ::5& <( :;a;; L~ c:. ::::> --) 0 0 (lopy p~ly G.tUs0 --10 m-lyOIRtu~ &~ru~Lttl.... '1-0 1JeP1- cP)bfoo ~I --~ -- ,,~ '" . ..~" , - ,'~ '<, .'.-' . ,-, ,- ~~,;, .' KAREN A. CARIGNAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000- CIVIL : IN DIVORCE vs. GREGG R. CARIGNAN, Defendant PETITION FOR SPECIAL RELIEF 1) Petitioner is Karen A. Carignan, the Plaintiff in the above captioned action. 2) Respondent is Gregg R. Carignan, the Defendant in the action. 3) The parties have separated and the Petitioner and the three children have remained in the marital residence located at 6495 Carlisle Pike, Mechanicsburg PA 17055. The marital residence is the only home the children have known. The children are: Cassandra Lee Carignan, age 16, born 10/19/83; Chase Spencer Carignan, age 14, born 10/22/85; and Carra Lynn Carignan, age 12, born 12/1/87. 4) The Respondent is a very disturbed individual who has carried on a twelve year feud with the Township and the Cumberland County Court. He has been found in contempt of court multiple times and jailed multiple times in reference to the storage of junk at the marital home. Petitioner incorporates those proceedings herein. 5) The Petitioner, with the assistance of friends and a local church, is in the process of finishing the removal of the junk on the property and renovating the home so she and the children can have a decent home. 6) The Respondent has come on the property and created problems for the Respondent and the children. He has threatened that he will have the Petitioner and _J . r '.-'_._0" ~ --" < _ . , .'^"-~, r .. the children thrown off the property. On August 9, 2000 he popped up out of the bushes. He said nothing to the children or the Petitioner. He then began videotaping the contents of the dumpsters utilized by the Petitioner to dispose of the accumulated junk. After years of fighting the cleanup orders he began moving things such as automobile engines, with fuel and motor oil still in them, into the home. These are the items that Petitioner is disposing of. Because of the Respondent's bizarre behavior the volunteers assisting the Petitioner are withdrawing their support, fearful that the Respondent will involve them in legal actions. 7) Petitioner needs sole and exclusive possession of the home and the land around it to provide a safe and secure home for herself and the children. The land consists of 20,034.52 square feet with a 1 Yo story brick dwelling as depicted in a subdivision plan. The relevant portion of the plan is attached hereto and incorporated herein by reference. Wherefore, pursuant to Pa. R.C.P. 1920.43, the Petitioner respectfully requests: A) That she be granted exclusive possession of the marital residence, B) that pending a hearing on this matter that she be given temporary exclusive possession of the property located at 6495 Carlisle Pike, Mechanicsburg PA. and, C) such other relief as deemed necessary by the Court. Respectfully submitted, O'BRIEN, BARIC & SCHERER BY:~~~ Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. #28351 17 West South Street Carlisle, Pennsylvania 17013 - < ;...-, __",~'O~'~ ,~,.. '-,"-,,",'''," ."'- "",_~,_,-" ',,--,o-~--,<--~_,'A,. .'" ,. - -c ,. -, :'., ~'" .' _, 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. S 4904, relating to unsworn falsification to authorities. .....-. ~./ ~ /' . /. . '---c . / /- Karen A. Carignan -'--'~"i;t' ! c' q ('; {; L - " . ~" ..... "- '" .'<: ~ ,. <:. '" ~ .. "" '" ~ '" ~ ~ .... <> ~ "" '", " "- ~. ..... 'It .~ <;y ,........ Q:;:, So ~.". ~... "~i~~\~ ,-,'"",'~. .. ~~~..~ ~'~,/. ~.-, -J:;sr -'-- ......~,. .---..'.' ".."\. . ~~ ~ ' ~.~~.~ '" '" '\ ~~~ ~~ . .' 4.<~ ~ .'crl' .".'. 125..38' "- .I ,. ,. f I . I ~, ,,<I I I ..' 1'25.38' 20,034. sa 'Q." . Lo~ -e... . .'--- ----.:..... '8 ~ u_~ t lEa, .;'~, .,.::Ql r-> r~:' wi " .~IC'-3 ... '-1"')., . ~ w ~~. ~,' ". - ,lj"i:. .-?;7c/.?/c,;. ,so. . 5'7"?' r- Vel;, 4/3.1.2' o Q .0 .~ .~" =---.... ,,:'. . .', Ioi"'TeJi : OPE..., t../lJt . . '. \" .' p 302): .....-1" .'~., . "'.<" ,,; .~.. LOT ~- {' -___ . . --- . . . . . .<os, 852. 80 sa: Fr -:--'~ " . ~.J..SI,~ AC.~.ES', . AkE~ "O~ ~. , SEPTIC' ~.~~~_~:. ~,D~~ F'LL" . . ..' I . . '. . ~.~~. ~ SO,? /vt,'rE RCAC. :.1;',.:t.'L '/Vt.";TEJ3 ACc'Erri:!/;-, t';Y,-'L /r/)</"'.1J"l.:l'/!-!"<!('PP//Vi.: T'Y' .~'II.:V I.':,,I.,~~ "S/~//I..''/t!.. 7'(' >'i:f ?", 7/i //.; -5 /.,tf,''"': /~'''~'f r/:~. .....~~.. lOT /I': Z /5 Stl8:rE(T To jl1A!h'TEKA.We AK{.lI?~/,iA"EM/!NT!:'r $IINtrAI/Y . SEifER:' . . . .' .' .' . . .'. ." . A", ..Ac;I2.EEme....T W''-'- e,c 1l~.l<:'LuOEO VJ'rH THE DEED Fcl2. LeT" """1.... ?I2OW;D~iJ6' A' sePTIC.. FU:.L.D. EA5E'-rrie.UT',' FoR,',- U>T.oJf.I.~' '* - " //4/.L ,j~ , ....-:..,.-<...: .:;; "'77 L.~ ...>/L/'C/ SC'l'L.C o p",' '" ""'... KAREN A. CARIGNAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYL V AN1A vs. GREGG R. CARIGNAN, Defendant : CIVIL ACTION -LAW : NO. 2000-5563 CIVIL : IN DIVORCE 1h.s/;ie.Y tel CO',,", I/q:~t. AND NOW.comes the Defendant, Gregg R. Carignan formally residing at 6495 for the past twenty years with his wife, KareJ,1 and their three children, who currently resides at 450 Gettysburg Pike, Mechanicsburg Pennsylvania and states the following; 1. Admitted. 2. Admitted in part denied in part. Admitted that Gregg currently resides at 450 Gettysburg Pike Mechanicsburg Pennsylvania and that both addresses are in Cumberland County, denied that Gregg resides at 3507 Margo Road Camp Hill, Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. The averment contains statements of personal conversations beyond the scope of the Defendant's knowledge. <.-~'" ~, ""0" -,-" W ,<_ ,.:-- -'--, -J,-",- "I "~~! J -,.' . '" II'l. ~ 8. Denied. The issues between Karen and Gregg as to the details of said action i , , I 11 II fl II I: II " Ii II i! 11 !i [j !I " 'I II 'I I H , I! :1 Ii 11 such as, custody of the three children, support, and division of marital property and debt to name a few, remain unresolved. WHEREFORE, the Defendant respectfully requests the court to take no action in this matter until said issues are settled, resolved, or properly presented for a formal hearing to settle outstanding issues which the parties are unable to agree upon for the sake of judicial economy and not to further burden the over-taxed court calendar. Respectfully submitted, Gregg R. Carignan 450 Gettysburg Pike Mechanicsburg, P A 17055-5170 (717) 766-1762 Date: September 10. 2000 - " oL- ,- -" '-'0__1 . -,. ~, ,. ~ )!,. . Verification I here by my signature verify the statements contained in this answer are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of Pa. C. S. 18 4904, relating to unsworn falsification to authorities. Date: September 10. 2000 ~ - '-"\~ ii , I ~, t . . . ~ CERTIFICATE OF SERVICE I. C'lf1 Gr''1~BYMYSjGNATURE TIlAT; ON THIS DAY 1we1~ 1f~ OF S7/ehh~ ).OC'O I AM SERVING THE PRECEDING DOCUMENTS TO AND IN THE FOLLOWING MANOR BY, (D-er )t7hq I S-erl/, 'ce. , TO: Robert L. O'Brien, Esquire Attorney for the Plaintiff 17 West South Street Carlisle, P A 17013 ~ _U.liiIl!ilI 1iIIlI;!1~!fR'- "~ .. _,;jjtj".II1ItiIIiI;:!",5/!$~~t;>.,u "~~ '. iMill!ir,,:-' ~-'r '!rIIr . . o c 2~3 ?:r- (/) j; -" -- ~C~-' ::[;:c. ;Sc< Pc z '"" -< f5 g~ M'."IJiliill ) ~ ~ U) ~] -,1 ',' ,,, ,,-' ":-: ~' .' :!{j ", ''1 KAREN A. CARIGNAN, Plaintiff VS. GREGG R. CARIGNAN, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · NO. 2000- · IN DIVORCE CIVIL .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. 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 Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 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. IF Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 KAREN A. CARIGNAN, Plaintiff VS. GREGG R. CARIGNAN, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · NO. 2000- · IN DIVORCE CIVIL COMPLAINT UNDER SECTIONS 3301(C) AND 3301(D) OF THE DIVORCE CODF 1. Plaintiff is Karen A. Carignan, an adult individual who currently resides at 6495 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Gregg R. Carignan, an adult individual who currently resides at 450 Gettysburg Pike, Mechanicsburg, Pennsylvania or 3507 Margo Road, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in 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 December 27, 1982 in 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 Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARI(:; & SCHERER By Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Karen A. Carignan SHERIFF'S RETURN - REGULAR CASE NO: 2000-05563 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARIGNAN KAREN A VS CARIGNAN GREGG SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within ORDER OF COURT AND was served upon CARIGNAN GREGG R the DEFENDANT at 450 GETTYSBURG PIKE MECHANICSBURG, PA GREGG CARIGNAN , at 0015:32 HOURS, on the llth day of August , 2000 by ihanding to a true and attested copy of ORDER OF COURT ~D together with PETITION FOR SPECIAL RELIEF, COMPLAINT IN DIVORCE & NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.82 Affidavit .00 Surcharge 10.00 .00 34.82 Sworn and Subscribed to before me this /~? day of ~7-~rothonotary ; So Answers: R. Thomas Kline 08/14/2000 O'BRIEN, BARIC & SCHERER Deputy Sheriff KAREN A. CARIGNAN, Plaintiff VS. GREGG R. CARIGNAN, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · NO. 2000- · IN DIVORCE CIVIL 1) action. 2) 3) PETITION FOR SPECIAL RELIEF Petitioner is Karen A. Carignan, the Plaintiff in the above captioned Respondent is Gregg R. Carignan, the Defendant in the action· The parties have separated and the Petitioner and the three children have remained in the marital residence located at 6495 Carlisle Pike, Mechanicsburg PA 17055. The marital residence is the only home the children have known. The children are: Cassandra Lee Carignan, age 16, born 10/19/83; Chase Spencer Carignan, age 14, born 10/22/85; and Carra Lynn Carignan, age 12, born 12/1/87. 4) The Respondent is a very disturbed individual who has carried on a twelve year feud with the Township and the Cumberland County Court. He has been found in contempt of court multiple times and jailed multiple times in reference to the storage of junk at the marital home. Petitioner incorporates those proceedings herein. 5) The Petitioner, with the assistance of friends and a local church, is in the process of finishing the removal of the junk on the propert3/and renovating the home so she and the children can have a decent home. 6) The Respondent has come on the property end created problems for the Respondent and the children. He has threatened that he will have the Petitioner and the children thrown off the property. On August 9, 2000 he popped up out of the bushes. He said nothing to the children or the Petitioner. He then began videotaping the contents of the dumpsters utilized by the Petitioner to dispose of the accumulated junk. After years of fighting the cleanup orders he began moving things such as automobile engines, with fuel and motor oil still in them, into the home. These are the items that Petitioner is disposing of. Because of the Respondent's bizarre behavior the volunteers assisting the Petitioner are withdrawing their support, fearful that the Respondent will involve them in legal actions. 7) Petitioner needs sole and exclusive possession of the home and the land around it to provide a safe and secure home for herself and the children. The land consists of 20,034.52 square feet with a 1% story brick dwelling as depicted in a subdivision plan. The relevant portion of the plan is attached hereto and incorporated herein by reference. Wherefore, pursuant to Pa. R.C.P. 1920.43, the Petitioner respectfully requests: A) That she be granted exclusive possession of the marital residence, B) that pending a hearing on this matter that she be given temporary exclusive possession of the property located at 6495 Carlisle Pike, Mechanicsburg PA. and, c) such other relief as deemed necessary by the Court. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 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. Karen A. Carignan J KAREN A. CARIGNAN, Plaintiff VS. GREGG R. CARIGNAN, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION- LAW 'NO. 2000- 55"&3 · IN DIVORCE CIVIL ORDER OF COURT AND NOW THIS [ O"~day of August, 2000, upon review of the attached Petition for Special Relief, the Court issues a Rule upon Respondent to show cause why the relief requested should not be granted. SAID Rule-to-Show-Cause returnable at hearing set for ~.,l~cJ~. , the Cumberland County Courthouse, Carlisle, PA., 17013. PENDING said hearing, the Petitioner is granted sole and exclusive possession of the parties' marital residence located at 6495 Carlisle Pike, Mechanicsburg, PA, consisting of a piece of land containing 20,034.52 square feet with a I 1/2 story brick dwelling. BY THE COURT~.../ KAREN A. CARIGNAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGG R. CARIGNAN, DEFENDANT 00-5563 CIVIL TERM ORDER OF COURT AND NOW, this J [~ day of August, 2000, following a hearing on the merits of plaintiff's petition for exclusive possession of the dwelling house and adjoining property at 6495 Carlisl(~Pike, Mechanicsburg, Cumberland County, Pennsylvania, IT IS ORDERED: Robert O'Brien, Esquire For Plaintiff (1) Gregg R. Carignan is excluded from entering any portion of the house or adjoining property without the prior consent of Karen A. Carignan. (2) If Gregg R. Carignan wants to remove any tools or equipment he uses in his business from the basement portion of the dwelling house, or any other part of the property, Karen A. Carignan shall upon his prior request, allow him to remove such tools or equipment. Edgar B. Bayle7 Gregg R. Carignan, Pro se Mechanicsburg, PA 17055 450 Gettysburg Pike and 3507 Margo Road Camp Hill, PA 17011 :saa KAREN A. CARIGNAN, Plaintiff VS. GREGG R. CARIGNAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION -LAW : NO. 2000-5:563 CIVIL : IN DIVORCE AND NOW~:omes the Defendant, Gregg R. Carigna~n formally residing at 6495 for the past twenty years with his wife, Karen and their three children, who currently resides at 450 Gettysburg Pike, Mechanicsburg Pennsylvania and states the following; 1. Admitted. 2. Admitted in part denied in part. Admitted that Gregg currently resides at 450 Gettysburg Pike Mechanicsburg Pennsylvania and that both addresses are in Cumberland County, denied that Gregg resides at 3507 Margo Road Camp Hill, Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. The averment contains statements of personal conversations beyond the scope of the Defendant's knowledge. 8. Denied. The issues between Karen and Gregg as to the details of said action such as, custody of the three children, support, and division of marital property and debt to name a few, remain unresolved. WHEREFORE, the Defendant respectfully requests the court to take no action in this matter until said issues are settled, resolved, or properly presented for a formal hearing to settle outstanding issues which the parties are unable to agree upon for the sake of judicial economy and not to further burden the over-taxed court calendar. Respectfully sul3mitted, Gregg R. Carignan 450 Gettysburg Pike Mechanicsburg, PA 17055-5170 (717) 766-1762 Date: September 10, 2000 Verification I here by my signature verify the statements contained in this answer are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of Pa. C. S. 18 4904, relating to unsworn falsification to authorities. Date: September 10, 2000 CERTIFICATE OF SERVlCF I AM SERVING THE PRECEDING DOCUMENTS TO AND IN THE FOLLOWING MANOR BY, /_.~ tr. f~-,~¢ / fief ~,'~ ~ TO: Robert L. O'Brien, Esquire Attorney for the Plaintiff 17 West South Street Carlisle, PA 17013 KAREN A. CARIGNAN, Plaintiff VS. GREGG R. CARIGNAN, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · NO. 2000- · IN DIVORCE CIVIL 1) action· 2) 3) PETITION FOR SPECIAL RE:LIEF Petitioner is Karen A. Carignan, the Plaintiff in the above captioned Respondent is Gregg R. Carignan, the Defendant in the action· The parties have separated and the Petitioner and the three children have remained in the marital residence located at 6495 Carlisle Pike, Mechanicsburg PA 17055. The children are: Cassandra Lee Carignan, age 'I 6, born 10/19/83; Chase Spencer Carignan, age 14, born 10/22/85; and Carra Lynn Carignan, age 12, born 12/1/87. Petitioner was awarded possession of the home by an Order of Court on August 16, 2000. 4) The Petitioner has income from a disability in the amount of $539.00 per month. The Respondent has not been assisting with support of Petitioner or the children. 5) built a successful and profitable nursery and landscaping business, known as Gregg's Nursery and Garden Center, operating out of a leased premises at 450 Gettysburg Pike, Mechanicsburg PA. Recently, the Respondent has ,excluded the Petitioner from the business using the fact that only his name was on the lease. The lease was The Petitioner and Respondent in the course of the last fifteen years had obtained during the parties' marriage and constitutes marital property. The day to day operations of the nursery, including supervision of employees, bookkeeping, sales, ordering and customer relations were all performed or directed by the Petitioner. The landscaping work and physical labor were performed by the Respondent. 6) Since the Petitioner's exclusion from the business the business is failing. The actions by Respondent have resulted in the landlord attempting to take possession of the property prior to the end of the lease. The landlord will retake possession of the business premises on March 1, 2001, unless he is able to take possession earlier because of a breach of the lease. Petitioner incorporate.,; the action brought by Adam Thomas against Gregg Carignan. 7) Petitioner avers that Respondent's neglect of the business will result in the loss of a valuable marital asset. The Respondent has collected a large amount of items at the business location, which items constitute marital property. 8) The Respondent is incapable of permitting the sale of these marital items prior to the end of the lease because of an obsessive-cornpulsive disorder. This same disability led to Respondent's lengthy history of litigation with Silver Spring Township and the ultimate clean up and disposal of the items located at the parties residence. Wherefore, pursuant to Pa. R.C.P. 1920.43, the Petitioner respectfully requests: A) That she be permitted to operate the business and conduct a sale or auction of the items prior to the end of the lease, B) that the Respondent account for the operations of the business during the time he excluded Petitioner from the business, and, C) such other relief as deemed necessary by the Court. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 283.51 17 West South Street Carlisle, Pennsylvania 17013 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. rob/dorn/carig2.pet Karen A. Carignan KAREN A. CARIGNAN, Plaintiff VS. GREGG R. CARIGNAN, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · NO. 2000- .~'~"(~.~, 'IN DIVORCE CIVIL ORDER OF COURT AND NOW THIS i"~ day of ~ 2000, upon review of the attached Petition for Special Relief, the Court issues a Rule upon Respondent to show cause why the relief requested should not be granted· SAID Rule-to-Show-Cause returnable at hearing set forC~z./.~ , the .,~r~ day of (~~ ,2000 at~0 AM/PM in Courtroom # ,~ Cumberland County Courthouse, Carlisle, PA., 17013· KAREN A. CARIGNAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGG R. CARIGNAN, DEFENDANT 00-5563 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of October, 2000, upon request of plaintiff, the hearing now scheduled for Tuesday, October 3, 2000, IS CONTINUED GENERALLY. Robert O'Brien, Esquire For Plaintiff Gregg R. Carignan, Pm se 450 Gettysburg Pike Mechanicsburg, PA 17055 and 3507 Margo Road Camp Hill, PA 17011 Edgar B.'-Bayl~y, J. .~ / :saa Robert L. O'Brien David A. Baric Michael A. Scherer Law Offices O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Fax (717) 249-5 755 E-maih obs~obslaw, com direct E-Mail: robrien~obslaw, com September 26, 2000 Honorable Edgar B. Bayley Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 RE: Cari.qnan v. Cari.qnan Petition For Special Relief Dear Judge Bayley: My client has contacted me and indicated that her husband is attending counseling. They are cooperating with one another in the, running of the business and she has requested that the upcoming hearing on Tuesday, October 3, 2000 be continued generally. Accordingly, I would request that this matter would be taken off your calendar. I am sending a copy of this letter to Mr. Carignan so that he will know that the matter has been continued. In the event that problems arise in the future, we will file another petition requesting a new hearing date. Very truly yours, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire RLO~I CC: Karen Carignan Gregg Carignan File rlo.dir/letterslcarignan.ltr KAREN A. CAKIGNAN, Plaintiff Vo GREGG R. CARIGNAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 00-5563 CIVIL TERM : CIVIL ACTION - LAW · IN DIVORCE AMENDED CERTIFICATE OF SERVICE I, Erin L. Benson, of the Family Law Clinic, certify that on this 2na day of June, 2003, I am serving the foregoing Praecipe to Enter Appearance on behalf of the Family Law Clinic and the Praecipe to Withdraw Appearance on the following person via US Mail: Gregg Carignan 3507 Margo Road Camp Hill, PA 17011 Date: Erin L. Benson Certified Legal Intern KAREN A. CARIGNAN, Plaintiff GREGG R. CARIGNAN Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 00-5563 CIVIL :IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF SEPARATION 1. The parties to this action separated in December 2000, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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 unswom falsification to authorities. Karen C~,, Plaintiff KAREN A. CAKIGNAN, Plaintiff GREGG R. CARIGNAN, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5563 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Erin L. Benson, of the Family Law Clinic, certify that on this 14th day of August, 2003, I am serving the foregoing Affidavit of Separation on behalf of Karen A. Carignan on the following person via first class US Mail, postage prepaid: Crregg Carignan 3507 Margo Road Camp Hill, PA 17011 Date: 14, gr;v 3 Erin L. Benson Certified Legal Intern KAREN A. CARIGNAN, :iN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA GREGG R. CARIGNAN Defendant :CIVIL ACTION - LAW :NO. 00-5563 CIVIL :IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: GREGG R. CARIGNAN You have been sued in an action for divorce. You answered the complaint. You failed to file a counteraffidavit to the plaintiffs §3301(d) affidavit. Therefore, on or after October 28 2003, the plaintiff can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court a counteraffidavit by the above date, the court can enter a final decree in divorce. A COUNTERAFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form cotmter-affidavit alone does not protect your economic claims. 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 Cotmty Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KAREN A. CARIGNAN, Plaintiff GREGG R. CARIGNAN Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE :NO. 00-5563 CWIL 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 Section 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant was personally served by the Sheriff of Cumberland County on August 11, 2000. 3. Date of execution of the Plaimifl's Affidavit required by § 3301(d) of the Divorce Code: August 14, 2003; Date of service of the Plaintif£s Affidavit upon the Defendant: August 14, 2003. 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file the praecipe to transmit record, a copy of which is attached: United States mail, first class, postage prepaid on October 8, 2003. Erin L. Benson Certified Legal Intern ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KAREN A. CARI~NAN VERSUS GREGG R. CARIGNAN DECREE IN DIVORCE AND NOW,~ ~ IT IS ORDERED AND ~ PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLIOWING CLAIMS WHICH HAVE SEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET SEEN ENTERED; ATTEST: PROTHONOTARY