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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF
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JOAN L. HURLEY
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YERSU!3
GREGORY A. HURLEY
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AND NOW,
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DECREED THAT
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PENNA.
No.
00-6380
Civil
DECREE IN
DIVORCE
411.-;.5/4 A .
September
10
, 2002 , IT IS ORDERED AND
JOAN L. HURLEY
, PLAINTIFF,
GREGORY A. HURLEY
, DEFENDANT,
AND
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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;
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None
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By
ATTEST:
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this II~ay of September, 2000, by and 8'etwee)~h'F'
JOAN L. HURLEY (hereinafter referred to as "Wife") and GREGORY A. HURLEY
(hereinafter referred to as "Husband").
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married
September 29,1979 at Shermansdale, Pennsylvania; and
WHEREAS, there have been four (4) children born of this marriage, to wit:
Gregory J. Hurley, Jill L. Hurley, Charles G. Hurley and Zachary A. Hurley; and
WHEREAS, diverse, unhappy differences, disputes, misunderstandings and
difficulties have arisen between the parties as a result of which they intend to live
separate and apart; and
WHEREAS, the parties desire to confirm their separation and make arrangements
in connection therewith, including the settling of their property rights and other rights
and obligations growing out oftheir marriage; and
WHEREAS, it is the desire of the parties to effect a complete and full settlement
with respect to any and all claims, obligations, rights, duties and responsibilities of the
parties with respect to the marriage, including but not limited to financial and property
rights and obligations between each other, in accordance with the provisions of the
Divorce Code.
NOW THEREFORE, considering the above conditions and circumstances, and in
consideration of the covenants and promises hereinafter to be mutually kept and
performed by each party, as well as for other good and valuable consideration, and
intending to be legally bound hereby, it is agreed as follows:
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1.
It shall be lawful for each party at all times hereafter to live separate and apart
from the other party at such place or places as he or she from time to time may choose
or deem fit.
2.
Each party shall be free from interference, authority and control, direct or
indirect, by the other as fully as if he or she were single and unmarried. Neither shall
molest the other or compel or endeavor to compel the other to cohabitate or dwell with
him or her.
3.
The parties have divided between them to their mutual satisfaction the personal
effects, household furniture and furnishings, and all other articles of personal property
which have heretofore been used by them in common.
4.
A. The parties own the following real estate situate Spring Township, Perry
County, Pennsylvania:
I) 100 acre farm with an address of R. D. I, Box 725, Landisburg,
Pennsylvania, 17040, recorded in Deed Book 1071, page 222 conveyed to the parties by
Sara 1. Hurley, widow;
2) The marital residence located on one (I) acre with an address ofR. D.
I, Box 726, Landisburg located on the approximate center of the above 100 acre farm;
B. Wife agrees to convey her interest in the above real estate to Husband on the
following terms and conditions:
I) Husband to refinance the mortgages on the two properties;
2) Husband to assume the joint credit card debt of approximately
$40,000;
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C. Husband agrees to accept title to the two properties and to refinance the
indebtedness on each property and to assume the credit card debt of approximately
$40,000 and to indemnify and save hamlless wife against any liability on account of the
above stated indebtedness
D. The parties are the owners of a 1992 Plymouth Voyager Van titled in the
name of Wife of which she has possession. The parties are also the owners of a 1996
Jetta titled in both names. Wife will convey her interest in the Jetta to Husband on
condition he assume liability on the Credit Union loan in the approximate amount of
$13,000. Husband agrees to accept title to the Jetta and to indemnify and save harmless
Wife from any liability. Parties agree that Husband will retain sole ownership Of~/f '
two (2) pickup trucks being a 1987 Nissan and a 1988 Chevrolet 8-10. t1
E. Husband and Wife agree that Wife shall retain her interest in non-marital
property namely her interest under a Sales Agreement on the Stone House and inventory
in the gift shop.
5.
Wife relinquishes her inchoate intestate right in the estate of Husband, and
Husband relinquishes his inchoate intestate right in the estate of Wife, and each of the
parties hereto, by these presents for himself or herself, his or her heirs, executors,
administrators or assigns, does remise, release, quit-claim and forever discharge the other
party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any
and all claims, demands, damages, actions, cause of action, or suite at law or in equity of
whatsoever kind of nature, for or because of a matter or thing done, omitted or suffered
to be done by said party prior to and including the date hereof, except that this release
shall in no way affect any cause of action in any absolute divorce which either party may
have against the other of whatever nature, arising or which may arise, under this
Agreement or for the breach of any provision thereof.
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6.
Nothing contained in this Agreement shall be deemed to prevent either of the
parties from maintaining a suit for absolute divorce against each other in any jurisdiction
based upon any of the grounds for divorce specified in 23 Pa. C.S.A. #3301 of the
Pennsylvania Divorce Code. In the event any such action is pursued or initiated, the
parties shall be bound by all the terms ofthis Agreement.
7.
The parties have attempted to distribute their marital property in a manner which
conforms to the criteria set forth in 23 Pa. C.S.A. 3502 Pa. C.S.A. 3502 of the
Pennsylvania Divorce Code, and have taken into account all considerations set forth
therein. The division is being effected without the introduction of outside funds or
property not constituting marital property. The division of property under this
Agreement shall be in full satisfaction of all marital rights and any other rights of the
parties.
8.
Both parties relinquish and waive all right, title, claim or interest either may have
in the employee benefits of the other, including but not limited to stock options,
retirement plans and IRA's.
9.
Each of parties shall hereafter own and enjoy, independently of any claims or
rights of the other, all real property and all items of personal property, tangible or
intangible, acquired after the date of separation of the parties or hereafter acquired by
him or her, with full power in him or her to dispose of the same as fully and effectively,
in all respects and for all purposes, as though he or she were unmarried.
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10.
Except as specifically provided for herein, both parties specifically waive any and
all rights they may have at present or hereafter may have for spousal support and further
waive any and all rights they may have at present or hereafter may have, for alimony,
alimony pendente lite, or separate maintenance and support as provided in Section 501 of
the Divorce Code.
11.
Each party shall be individually responsible for the payment of his or her own
respective attorney's fees and costs, both for the negotiation and preparation of this
Agreement and also for any divorce action which may be filed.
12.
Except for any debt or obligation of either party to the other under this
Agreement, each party hereby agrees to save and hold the other harmless from all
personal debts and obligations incurred by him or her from the date hereof.
13.
Each party represents and warrants to the other that he or she has not incurred any
debt, obligation or other liability other than described in this Agreement on which the
other party is or may be liable. Each party covenants and agrees that if any claim, action
or proceeding is hereinafter instituted seeking to hold the other party liable for any other
debts, obligations, liability, act or omission of such party, such party will, at his or her
sole expense, defend the other against any such claim or demand, whether or not well-
founded, and that he or she will indemnify and hold harmless the other party in respect to
all damages resulting therefrom. Each party hereby releases the other from all claims,
liabilities, debts, obligations, actions and causes of action of every kind that have been or
will be incurred relating to or arising from the marriage between the parties. However,
neither party is relieved or discharged from any obligations under this Agreement, or
under any instrument or document executed pursuant to this Agreement.
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14.
Neither party shall contract any debt or liability for which the other party or his or
her property or estate might be responsible, and shall indemnify and save the other
harmless from any and all claims and demands made against him or her by reason of the
debts or obligations incurred by the other party.
15.
If either party breaches any provision of this Agreement, the 9ther party shall
have the right, at his or her election, to sue for damages for such breach or seek such
other remedies or relief as may be available to him or her, and the party breaching this
contract shall be responsible for payment of reasonable fees and costs incurred by the
other in enforcing his or her rights under this Agreement.
16.
Each party acknowledges that he or she has received independent legal advice
from counsel of his or her selection, and each fully understands the facts and has been
fully informed as to his or her legal rights and obligations, and each party acknowledges
and accepts that this Agreement is, under the circumstances, fair and equitable, and that it
is being entered into freely and voluntarily having received such advice and with such
knowledge, and that the execution of this Agreement is not the result of any duress or
undue influence, and that it is not the result of any collusion or improper or illegal
agreements.
17.
Each of the parties shall, from time to time, at the request of the other, execute,
acknowledge and deliver to the other party any and all further instruments which may be
reasonably required to give full force and effect to the provisions ofthis Agreement.
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18.
This Agreement contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those expressly set
forth herein. Husband and Wife acknowledge and agree that the provisions of this
Agreement with respect to the distribution and division of marital and separate property
are fair, equitable and satisfactory to them based on the length of their marriage and other
relevant factors which have been taken into consideration by the parties. Both parties
hereby accept the provisions of this Agreement with respect to the division of property in
lieu of and in full and final settlement and satisfaction of all claims and demands that
they may now have or hereafter may have against the other for equitable distribution of
their property by any court of competent jurisdiction pursuant to Section 3301(d) of the
Divorce Code or any other laws. Husband and Wife each voluntarily and intelligently
waive and relinquish any right to seek a court-ordered determination and distribution of
marital property, but nothing herein contained shall constitute a waiver by either party of
any rights to seek relief of any court for the purpose of enforcing the provisions of this
Agreement.
19.
It is understood and agreed by the parties hereto that Wife has filed an action in
divorce in the Court of Common Pleas of Cumberland County in which she has alleged
or will allege that the marriage is irretrievably broken under Section 330l(c) of the
Divorce Code. Both parties further understand and agree that said divorce on said
grounds shall be pursued and that both parties will file the necessary Affidavits of
Consent and all other petitions and documents necessary to effectuate the divorce.
20.
A modification or waiver of any of the provisions of this Agreement shall be
effective only if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon the strict performance of any of the
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provisions of this Agreement shall not be construed as a waiver of any subsequent default
of the same o~ similar nature.
21.
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
22.
If any term, condition or clause or provlSlon of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and in all other
respects this Agreement shall be valid and continue in full force, effect and operation.
23.
This Agreement shall be binding and shall inure to the benefit of the parties
hereto and to their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, have hereunto set their hands and seals the day and year first above written.
WITNESS:
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ADDENDUM TO MARRIAGE SETTLEMENT AGREEMENT
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MADE this dl5 day of January, 2002, Addendum to the Marriage Settlement
Agreement of September 14, 2000, by and between JOAN L. HURLEY (hereinafter
referred to as "Wife") and GREGORY A. HURLEY (hereinafter referrecbto 41lI
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Husband agrees to pay any and all credit card, loan, or any o1j@debP.
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WITNESSETH:
1.
incurred by either party during the marriage and until separation in July 2000.
2. Husband agrees to provide Wife with a list ofthe credit cards, loans or any
other debt.
3. Husband agrees to notity all debtors that he will pay the debt and that
Wife should not be contacted. Husband agrees to provide Wife with copies of the letters.
4. Husband agrees not to pursue any legal action for restitution or any other
action associated with debts incurred during the marriage.
5. Husband agrees to give to Wife one-half of photographs, picture albums,
videos, safe deposit box items and one-half coins in the safe on the premises.
On completion of the above, Wife agrees to the transfer and recording of the deed
to the 100 acre farm.
IN WITNESS WHEREOF, the parties have hereto, intending to be legally bound
hereby, have hereunto set their hands and seals t
ay and year first above written.
WITNESS:
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JOAN L. HURLEY
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:: IN THE COURT OF COMMON PLEAS OF
:: CUMBERLAND COUNTY, PENNSYLVANIA
:: NO. 00-6380 CIVIL TERM
GREGORY A. HURLEY
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To The Prothonotary:
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 (330l(c) )
(330l(d)) of the Divorce Code. (Strike out inapplicable section.)
2. Date and manner of service of the complaint:
9/22/00 Acceptance by Marcus A. McKnight, III, Esq., At~y. for
uefendam:
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required by Section
330l(c) of the Divorce Code: by plaintiff 1/28/02 : by defendant
1/18/02
(b) (I) Date of execution of the plaintiff s affidavit required by Section
330l(d) of the Divorce Code: ; (2) Date of service of the
plaintiffs affidavit upon the defendant:
4. Related claims pending:
None
5. Date and manner of service of the notice of intention to file praecipe to
transmit record, a copy of which is attached, if the decree is to be entered under Section
330l(d) of the Divorce Code:
~ ctJ O/a/~, ~
rances H. Del Duca, EsqUIre
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JOAN L. HURLEY
v.
:: IN THE COURT OF COMMON PLEAS OF
:: CUMBERLAND COUNTY, PENNSYLVANIA
:: NO. ';i.CP>-ft.?/tD CML TERM
GREGORY A. HURLEY
IN DIVORCE
ACCEPTANCE OF SERVICE
AND NOW, this ;i..~...l day of September, 2000, I Marcus A. McKnight, III,
Esquire, attorney for Gregory A. Hurley, hereby acknowledge receiving a copy of the
Complaint in Divorce filed to the above term and number.
SUBSCRIBED and sworn to before
me this.;l~ of September, 2000.
Notarial Seal
Betzi A. Morrison, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Dec. 15, 2000
Member, Pennsvlvanla ASSOCiation of Nnt,,'lIes
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JOAN L. HURLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6380 CIVIL TERM
GREGORY A. HURLEY,
Defendut
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
I. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
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JOAN L. HURLEY
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.. IN THE COURT OF COMMON PLEAS OF
.. CUMBERLAND COUNTY, PENNSYL VANIA
.. NO. 00-6380 CIVIL TERM
GREGORY A. HURLEY
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint III divorce under Section 330l(c) of the Divorce Code was filed
September 18, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of filing the complaint.
3. I consent to the entry of a final decree of divorce.
4. I have been advised of the availability of marriage counseling, that I may request that
the Court require that my spouse and I participate in counseling, and that the Court maintains a
list Of marriage counselors in the Prothonotary's Office, which list is available to me upon
request. Being so advised, I decline to request that the Court require that my spouse and I
participate in counseling.
5. 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.
I verity that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 19 Pa.e.S. Sec. 4904 relating to
unswom falsification to authorities.
Dated: 1~'l /O~
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:: IN THE COURT OF COMMON PLEAS OF
:: CUMBERLAND COUNTY, PENNSYLVANIA
:: NO. 00-6380 CIVIL TERM
GREGORY A. HURLEY
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 330l( c ) OF THE DIVORCE CODE
I. I consent to the entry of a final decree without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! 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.
Sec. 4904 relating to unsworn falsification to autho . ies.
Dated: fJ. 'I/O rP...
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JOAN L.IlURLEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6380 CIVIL TERM
GREGORY A. HURLEY,
Defendant
IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, being duly sworn according to law, deposes and says:
I. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6380 CIVIL TERM
GREGORY A. HURLEY,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on
September 18, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. I understand that I may lose 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date:
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. Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6380 CIVIL TERM
GREGORY A. HURLEY,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce 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. 1 understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
1- /9-~:L
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Defendant
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v.
:: IN THE COURT OF COMMON PLEAS OF
:: CUMBERLAND COUNTY, PENNSYLVANIA
:: NO. 06- fp3l'c.PVIL TERM
GREGORY A. HURLEY
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RlGHTS
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 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 COURTHOUSE. CARLISLE. PENNSYLVANIA. 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 RlGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE ALA WYER 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
~J/i1/,~
rances H. Del Duca
10 West High St.
Carlisle, P A 17013
Dated:
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JOAN L. HURLEY
v.
:: IN THE COURT OF COMMON PLEAS OF
:: CUMBERLAND COUNTY, PENNSYLVANIA
:: NO...., -l.3?C1 CIVIL TERM
GREGORY A. HURLEY
IN DIVORCE
COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE
COUNT 1 - DIVORCE
1. Plaintiff is Joan L. Hurley, who resides at 2049 Longs Run Road, Six Mile
Run, Perry County, Pennsylvania, 16679.
2. Defendant is Gregory A. Hurley, who resides at R. D. 1, Box 726, Landisburg,
Perry County, Pennsylvania, 17040.
3. Plaintiff and defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six (6) months immediately previous to the filing of this
complaint.
4. The plaintiff and defendant were married Septemer 29, 1979, in Oklahoma.
S. There have been no prior actions of divorce or for annulment between the
parties.
6. Plaintiff avers that the grounds on which the action is based is that the
marriage is irretrievably broken.
COUNT II - EOUITABLE DISTRIBUTION
7. Plaintiff and defendant are the joint owners as tenants by the entireties of real
estate located in Spring Township, Perry County, Pennsylvania.
8. Plaintiff and defendant have other marital assets which are subj ect to
distribution.
WHEREFORE, plaintiff respectfully requests the Court:
Dated:
1) to equitably distribute marital property; and
2) to enter a decree in divorce.
II
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ranees H. Del Duca, Esq.
Attorney for Plaintiff
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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 10 Pa.C.S.
Sec. 4904 relating to unsworn falsification to authorities.
Dated:
II
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PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v,
00-6380 CIVIL ACTION LAW
GREGORY A. HURLEY
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, April 07, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 07, 2004 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 pennanent 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 hearinl!;.
FOR TIIE COURT.
By: Isl
Hubert X. GilrQY. Esq.
Custody Conciliator
mhc
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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CIVIL ACTION - LAW
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JOAN L. HURLEY,
PlaintiffJRespondent
2000-6380 CIVIL TERM
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GREGORY A. HURLEY,
DefendantJPetitioner
IN CUSTODY
ORDER OF COURT
AND NOW, this day of , 2004, upon consideration of the
attached Petition, it is hereby directed that the parties and their respective counsel appear
before Esquire, the conciliator, at
, on the _ day of , 2004 at
_ . M. 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 this conference may provide grounds for entry
of a temporary or permanent order.
By the Court,
By:
Custody Conciliator
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
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ACT OF 1990
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JOAN L. HURLEY,
Plaintiff/Respondent
v,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.2000-6380 CIVIL TERM
GREGORY A, HURLEY,
Defendant/Petitioner
IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW comes the DefendantJPetitioner, Gregory A. Hurley, by his attorneys, Irwin
& McKnight, and presents the following Complaint for Custody,
1.
The Respondent, Joan L. Hurley, is an adult individual with an address of 2066 Longs
Run Road, Six Mile Run, Bedford County, Pennsylvania.
2.
The Petitioner, Gregory A. Hurley, is an adult individual with an address of 405 Polecat
Road, Landisburg, Perry County, Pennsylvania 17040.
3.
The parties are the natural parents of two minor (2) children, namely, Charles Gregory
Hurley, born December 10, 1991, age 12, and Zachary Allen Hurley, born April 10, 1995, age 8.
Said minor children were not born out of wedlock. The parties were married in 1979 and
divorced on September 10, 2002.
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For the past five years, Zachary A. Hurley has resided at the following addresses:
a.
07/00 to present:
2044 Longs Run Road, Six Mile Run, PA 16679.
b.
01199 to 07/00:
405 Polecat Road, Landisburg, P A 17040
5.
For the past five years, Charles G, Hurley has resided at 405 Polecat Road, Landisburg,
6.
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The Petitioner desires that the parties have shared legal custody of said minor children.
7.
The Petitioner has primary physical custody of the minor child, Charles Gregory Hurley.
8.
The Petitioner desires primary physical custody of the minor child, Zachary Allen Hurley,
with periods of temporary physical custody to Plaintiff.
9.
The best interests and permanent welfare of the minor children require that the Court
grant the Respondent's request as set forth above,
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WHEREFORE, Petitioner, Gregory A. Hurley, respectfully requests that he be awarded
primary physical custody and shared legal custody of Zachary Allen Hurley, as provided herein,
with periods of temporary physical custody to Respondent as provided herein.
Respectfully submitted,
IRWIN & McKNIGHT
By:
ight, III, Esquire
aintiff
60 ret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court 1. D. No. 25476
Date: April 2, 2004
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VERIFICATION
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The foregoing Complaint for Custody is based upon information which has been gathered
by counsel and myself in the preparation of this action, I have head the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S,A. Section
4904, relating to unsworn falsification to authorities.
-~~
Date: April 2, 2004
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PlaintifflResp<mdent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
(j
v.
CIVIL ACTION - LAW
2000-6380 CIVIL TERM
GREGORY A. HURLEY,
DefendantlPetitioner
IN CUSTODY
RULE TO SHOW CAUSE
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AND NOW, this 1!.- day of ~- , 2004, the Petitioner is DIRECTED to
show cause why the relief sought in Respondent's Petition should not be granted.
Rule returnable a.l> days after service.
BYT
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JOAN L. HURLEY,
PlaintifflRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6380 CIVIL TERM
GREGORY A. HURLEY,
Defendant/Petitioner
IN CUSTODY
ORDER
AND NOW, this day of , 2004, upon consideration of
Respondent's Petition to Transfer Petitioner's Custody Complaint, it is hereby Ordered that
Petitioner's Custody Complaint is dismissed with prejudice and this custody dispute is transferred
to the Court of Common Pleas of Bedford County to proceed under Respondent's Custody
Complaint that she filed in Bedford County, docket number 04-387,
BY THE COURT,
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Created: 4nt04 8:03AM '
Revised:4nt0411:51AM
10613.4
JOAN L. HURLEY,
PlaintiffJRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6380 CIVIL TERM
GREGORY A. HURLEY,
Defendant/Petitioner
IN CUSTODY
RESPONDENT'S PETITION TO TRANSFER PETITIONER'S COMPLAINT IN
CUSTODY PURSUANT TO Pa. R.C.P. No. 1915.2 (d)
1. Petitioner filed a Custody Complaint on April 2, 2004, in the Court of Common Pleas
of Cumberland County.
2. Petitioner's Complaint seeks custody of Charles G. Hurley and Zachary A. Hurley.
3. Petitioner's Complaint alleges that Respondent resides at 2066 Longs Run Road, Six
Mile Run, Bedford County, Pennsylvania.
4. Petitioner's Complaint alleges that he resides at 405 Polecat Road, Landisburg, Perry
County, Pennsylvania 17040.
5. Petitioner's Complaint alleges that Charles G. Hurley presently resides at Petitioner's
address and has resided there for the past five years.
6. Petitioner's Complaint alleges that Zachary A. Hurley presently resides at
Respondent's address and has resided there since July of 2000. Prior to July of 2000, Zachary
resided at Petitioner's address,
7, Petitioner brought this custody action under the divorce action docket number 2000-
6380 civil term. The Divorce Complaint did not state a separate count for custody,
8. This Court issued a divorce decree on September 10, 2000.
9, Rule 1915.2 of The Pennsylvania Rules of Civil Procedure provides the following
regarding venue for custody actions:
(a) An action may be brought in any county
(1 )(i) which is the home county of the child at the time of commencement
of the pleading, or
(i) which had been the child's home county within six months before
commencement of the proceeding and the child is absent from the
county because of the child's removal or retention by a person
claiming the child's custody or for other reasons and a parent or
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person acting as parent continues to live in the county; or . . ,
10, Neither Zachary A. Hurley's nor Charles G, Hurley's home county is Cumberland
County.
11. Neither Zachary A. Hurley's nor Charles G. Hurley's home county was Cumberland
County at the time of the divorce action or six months prior thereto.
12, Neither the children nor their parents have a significant connection with Cumberland
County that would warrant venue in this county.
13. Venue is proper in Bedford County.
14, Respondent filed a Custody Complaint in Bedford County on April 2, 2004, the same
day Petitioner filed this Custody Complaint in Cumberland County.
WHEREFORE, Respondent requests that the Court dismiss Petitioner's Custody Complaint
with prejudice and transfer this custody dispute to the Court of Common Pleas of Bedford County
to proceed under Respondent's Custody Complaint that she filed in Bedford County, docket
number 04-387,
MARTSON DEARDORFF WILLIAMS & OTTO
BYS~Lf!t:-
Attorney ill No, 90917
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Respondent
Date: April 7, 2004
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CERTIFICATE OF SERVICE
I, Steven J, Shanahan, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Petition was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Marcus A. McKnight, Esquire
IRWIN & McKNIGHT
60 West Pomfret Street
Carlisle, P A 17013
MARTS ON DEARDORFF WILLIAMS & OTTO
By ~,I~jL--
Steven J, Shanahan
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: April 7, 2004
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MAY 1 3 2004
JOAN L. HURl;EY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
GREGORY A. HURLEY,
Defendant
NO. 2000 - 6380
IN CUSTODY
COURT ORDER
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AND NOW, this / (J day of May, 2004, the Conciliator being advised that the
parties have reached an agreement, the Conciliator relinquishes jurisdiction.
BY THE COURT,
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and subnitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter far the next ~t Court.
--------------------------------------------;---------------------------------------~--
CAPTION OF CASE
(entire caption must be stated in full>'
JOAN L. HURLEY ,
PlaintiffjRespondent
(PlaintiIf)
vs.
GREGORy A. HURLEY,
Defendant/Petitioner
(Defemant)
No. 6380
Civil
" 2000
1. State matter to be argued (Le.. plaintiIf's llDtion for new trial. defemant's
dam.u:rer to ~t. etc.):
Respondent's Petition to Transfer petitioner's Conplaint in Custody
Pursuant to Pa.R.C.P.No. 1915.2(d).
2. Identify counsel. who will. argue case:
(a) far plaintiff:
Address :
Steven J. Shanahan, Esquire
Ten East High Street
Carlisle, PA 17013
(b) for defendant:
J\ddress:
Marcus A. McKnight, III, Esquire
60 W. Pomfret Street
Carlisle, PA 17013
3. I will. notify all. parties in writing within hlo days that this case has
been listed for argunent.
4. Argunent Court Date: June 9, 2004
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F:\FILES\DATAFIL,E\General\Current\10613_4_bril\sjs
Created: 5123/04 9:47AM
Revised: 5127/04 2:14PM
I0613.4
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MAY 27 2004'r
JOAN L. HURLEY,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - LAW
2000-6380 CIVIL TERM
GREGORY A. HURLEY,
Defendant/Petitioner
IN CUSTODY
RESPONDENT'S BRIEF IN SUPPORT OF PETITION TO TRANSFER PETITIONER'S
COMPLAINT IN CUSTODY PURSUANT TO Pa. R.c.P. No. 1915.2 (d)
STATEMENT OF FACTS
Gregory A. Hurley, Petitioner, filed a Custody Complaint on April 2, 2004, in the Court of
Common Pleas of Cumberland County. Petitioner's Complaint seeks custody of Charles G. Hurley
(hereinafter, "Charles") and Zachary A. Hurley (hereinafter, "Zachary"). Petitioner's Complaint
alleges that Joan L. Hurley, Respondent, resides at 2066 Longs Run Road, Six Mile Run, Bedford
County, Pennsylvania. Furthermore, Petitioner alleges that he resides at 405 Polecat Road,
Landisburg, Perry County, Pennsylvania 17040. Petitioner admits that Charles presently resides at
Petitioner's address and has resided there for the past five years. Zachary presently resides at
Respondent's address and has resided there since July of 2000. Prior to July of 2000, Zachary
resided at petitioner's address, Petitioner brought this custody action under the divorce action docket
number 2000-6380 civil term. The Divorce Complaint did not state a separate count for custody.
The court issued a divorce decree on September 10, 2002.
Petitioner acknowledges that Respondent filed a Custody Complaint in Bedford County on
April 2, 2004, the same day Petitioner filed this Custody Complaint in Cumberland County,
Petitioner admits that venue is proper in Bedford County. Furthermore, Petitioner participated in
a custody conciliation before the Honorable Judge Thomas S. Ling. Judge Ling entered an interim
Order regarding custody pending the outcome of a custody hearing. Judge Ling has scheduled a
custody hearing for August 18,2004, Respondent and Petitioner have been following Judge Ling's
Order.
QUESTION PRESENTED
1. UNDER PENNSYLVANIA LAW, IS VENUE FOR A CUSTODY ACTION IMPROPER
IN A COUNTY THAT IS NOT THE CHILDREN'S HOME COUNTY, NEITHER OF THE
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PARENTS RESIDE IN THE COUNTY, AND NEITHER THE CHILDREN NOR THEIR
P ARENTS HAVE SIGNIFICANT CONNECTION TO THE COUNTY?
Suggested Answer: Yes
SUMMARY OF ARGUMENT
Pennsylvania Rule of Civil Procedure 1915.2 governs proper venue for custody actions.
Petitioner filed the custody action in a county that is not the home county of either child.
Furthermore, Cumberland County was not the home county of either child six months prior to
Petitioner filing the custody action. Petitioner admits that Cumberland County is not the proper
venue based upon the children's home county, However, Petitioner argues that Cumberland County
is the proper venue under Pa. R.C.P. 1512.2(a)(2). Pa, R.C.P. 1512 does not deal with venue and
custody actions. Rather, Pa. R.C.P, 1512 regards the court entering a nonsuit against a party,
Nonetheless, assuming Petitioner intended to cite to Pa, RC,P. 1915.2 (a)(2), Cumberland
County is still not the proper venue. Rule 1915.2 (a)(2) states that a custody action may be brought
in any county in which it is in the best interests of the child for that court to decide the custody matter
because the "child and the child's parents, or the child and at least one party, have a significant
connection with the county and there is available within the county substantial evidence concerning
the child's present or future care. .." Pa. RC.P, 1915,2 (a)(2). In support of venue under Rule
1915.2 (a)(2), Petitioner alleges that both parties are employed in Cumberland County, both parties
hired lawyers with offices located in Cumberland County, the parties obtained their divorce in
Cumberland County, and many of his witnesses reside within twenty-five miles of Carlisle.
Petitioner's position is flawed. Respondent is not employed in Cumberland County.
Respondent works from her home in Bedford County. The fact that parties previously obtained a
divorce in Cumberland County is irrelevant. Pa, RC,P, 1915.2 (a)(2). The divorce complaint did
not include a count for custody, The Court of Common Pleas of Cumberland County has never had
any interaction regarding the custody of the children. The Court issued the divorce decree on
September 10, 2002, and there has not been any filings under this docket number until Petitioner's
Custody Complaint. Petitioner also relies on the fact that each party's attorney is from Cumberland
County. Ids irrelevant where each attorney's office is located, Pa, RC.P. 1915.2 (a)(2). Lastly, the
fact that Petitioner plans on calling witnesses that reside within twenty-five miles of Carlisle does
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not make this the proper venue, Pa. RC,P. 1915.2 (a)(2). In fact, Respondent plans on calling
witnesses that reside and work in Bedford County, Petitioner has failed to state any significant
contacts that either of the children have with Cumberland County. Clearly, Petitioner has not
satisfied the requirements for venue under Pa. R.C.P, 1915.2 (a)(2).
Bedford County is the proper venue for this custody dispute. Petitioner admits that Bedford
County is a proper venue. Therefore, the Court should dismiss Petitioner's Complaint with prejudice
and allow the case to proceed under Respondent's Complaint that was filed in Bedford County.
ARGUMENT
Under Pennsvlvania Law. Venue For a Custody Action is Not Prooer in a County
That is Not the Children's Home Countv. Neither of the Parents Reside in the
Countv. and Neither the Children Nor Their Parents Have a Significant Connection
to the County.
Petitioner filed a Custody Complaint on April 2, 2004, in the Court of Common Pleas of
Cumberland County seeking custody of Charles and Zachary. Petitioner's Complaint alleges that
Respondent resides at 2066 Longs Run Road, Six Mile Run, Bedford County, Pennsylvania,
Furthermore, Petitioner alleges that he resides at 405 Polecat Road, Landisburg, Perry County,
Pennsylvania 17040. Petitioner admits that Charles presently resides at Petitioner's address and has
resided there for the past five years. Zachary presently resides at Respondent's address and has
resided there since July of 2000, Prior to July of 2000, Zachary resided at Petitioner's address,
Petitioner brought the custody action under the divorce action docket number 2000-63 80 civil term.
The Divorce Complaint did not state a separate count for custody, The court issued a divorce decree
on September 10,2002.
Petitioner acknowledges that Respondent filed a Custody Complaint in Bedford County on
April 2, 2004, the same day Petitioner filed this Custody Complaint in Cumberland County.
Petitioner admits that venue is proper in Bedford County, Furthermore, Petitioner attended a custody
conciliation in Bedford County and is currently following an interim Order that the Judge entered
pending the outcome of a custody hearing.
Petitioner argues that this Court is also the proper venue pursuantto Pa. R.C.P. 1512.2 (a)(2).
Rule l512.2(a)(2) deals with the Court entering nonsuit against a party. Nonetheless, assuming
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Petitioner intended to cite Rule 1915 .2( a)(2), Cumberland County is still not the proper venue. Rule
1915.2 (a)(2) states that an action may be brought in any county,
(2) in which it is in the best interest of the child that the court decide the
matter because the child and the child's parents, or the child and at least one party,
have a significant connection with the county and there is available within the county
substantial evidence concerning the child's present or future care, protection, training
or personal relationships.
Pa. RC.P. 1915.2 (a)(2). Emphasis added.
In support of venue under 1915.2 (a)(2) Petitioner alleges that both parties are employed in
Cumberland County, both parties retained lawyers with offices located in Cumberland County, the
parties obtained their divorce in Cumberland County, and Petitioner claims that many of his
witnesses reside within twenty-five miles of Carlisle.
Petitioner's position is flawed. Respondent does not work in Cumberland County.
Respondent works out of her home in Bedford County. It is irrelevant where a party chooses to
retain an attorney. The fact that an attorney has an office in Cumberland County does not mean that
Cumberland County has venue over a case. It is true that this Court issued a divorce decree on
September 10, 2002. However, the divorce complaint did not contain a count for custody.
Furthermore, no party has filed any documents since the Court entered the divorce decree until
Petitioner filed this Custody Complaint. Even if the divorce complaint had contained an action for
custody, Pa. R.C.P. 1920.2 regarding venue for divorce actions specifically excepts claims for
custody.
Petitioner fails to state any significant contacts that either of the children have with
Cumberland County. Rule 1915.2 (a)(2) requires that the "child and the child's parents, or the child
and at least one party, have a significant connection with the county, . ." Unlike in Gehris v. Gehris,
where the court that was not the home county continued to have the proper venue because of its
involvement in the custody dispute for several years, this Court has not had any involvement with
a custody dispute nor has it had any contact with the children, See, Gehris v. Gehris, 38 Pa.
D.&C,4th 412 (Monroe 2002).
Lastly, the fact that Petitioner plans on calling many witnesses that reside within twenty-five
miles of Carlisle does not make this Court the proper venue. Pa. R, c.P. 1915.2 (a)(2). Respondent
4
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plans on calling witnesses that reside and work in Bedford County. Clearly, Petitioner has failed to
show the significant contacts of the children and at least one party as required under Rule 1915.2
(a)(2). Therefore, the Court of Common Pleas of Cumberland County is not the proper venue for
this custody action.
Respondent filed a Custody Complaint in Bedford County on the same day that Petitioner
filed this Custody Complaint in Cumberland County, Petitioner admits that Bedford County is a
proper venue for the custody action. Therefore, the Court should dismiss Petitioner's Complaint
with prejudice and allow the action to proceed under the Complaint that Respondent filed in Bedford
County.
CONCLUSION
The Court of Common Pleas of Cumberland County is not the proper venue for this custody
action. The Court of Common Pleas of Bedford County is the proper venue for this custody action.
Therefore, the court should dismiss Petitioner's Custody Complaint with prejudice and allow this
matter to proceed based upon the Complaint Respondent filed in the Court of Common Pleas of
Bedford County.
Respectfully submitted,
MARTS ON DEARDORFF WILLIAMS & OTTO
Byk/JL
Steven J, Shanahan, Esquire
Attorney J.D. 90917
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: May 27, 2004
5
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CERTIFICATE OF SERVICE
I, Steven 1. Shanahan, Esquire, an authorized agent of Martson Deardorff Williams & Otto,
hereby certify that a copy of the foregoing Brief was served this date by via hand delivery and
addressed as follows:
Marcus A. McKnight, Esquire
LAW OFFICES OF IRWIN & McKNIGHT
60 West Pomfret Street
Carlisle, PA 17013-3222
MARTSON DEARDORFF WILLIAMS & OTTO
By k~/jtL -
Steven J, SKanahan, Esquire
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: May 27,2004
6
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