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HomeMy WebLinkAbout01-03320IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA K. BLESSING, Plaintiff ) NO. 2001-C? CIVIL TERM V. ) STEVEN B. BLESSING, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, 1 Courthouse Square, 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 RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA K. BLESSING, ) Plaintiff ) V. ) STEVEN B. BLESSING, ) Defendant ) NO. 2001- 33,;?o CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO §§3301(c OR (d) OF THE DIVORCE CODE AND NOW, comes Plaintiff, Brenda K. Blessing, by and through her counsel, Howett, Kissinger & Conley, P.C., who hereby files the instant Complaint in Divorce and in support thereof avers as follows: Plaintiff is Brenda K. Blessing, an adult individual who currently resides at 45 North Crest Drive, York Haven, York County, Pennsylvania, 17370. 2. Defendant is Steven B. Blessing, an adult individual who currently resides at 1386 Apt B, Centerville Road, Cumberland, Yxkk County, Pennsylvania, 17241. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of at least six months immediately proceeding the following of this complaint. 4. Plaintiff and Defendant were lawfully married on May 21, 1993 in Newville, Pennsylvania. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties' to participate in counseling. 8. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the court enter a Decree of Divorce pursuant to §3301 of the Divorce Code. Date: b? Respectfully submitted, Donald T. Kissinger, Esquire -77 HOWETT, KISSIN GER & CONLE , P.C. 130 Walnut Street P.O. BOX 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Brenda K. Blessing VERIFICATION I, Brenda K. Blessing, hereby swear and affirm that the facts contained in the foregoing Complaint In Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: May 30, 2001 Brenda K. Blessing IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA K. BLESSING, ) Plaintiff ) V. ) STEVEN B. BLESSING, ) Defendant ) NO. 2001-3320 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on May 31, 2001 and service was accepted on June 15, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the complaint. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 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. 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. 4. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: \O_p? `?w a 7?Xy o a?_2 Brenda K. Blessing, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA K. BLESSING, ) Plaintiff ) V. ) STEVEN B. BLESSING, ) Defendant ) NO. 2001-3320 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on May 31, 2001 and service was accepted on June 15, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the complaint. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER §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. 4. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsificatior. Date: „t 0' xu V G T ? Z? ?{l 3> r ;,3 J ? rv 'i ?'. . - ?.1kY5%?.rm6NgW1?''535+P+.?:Yw'tm:w.aA53Y?.,i?14•5?°Yd xM? w `?mi{.r;.P; ,? xr•.=. r G3"`s.y.;,;_:g':„+6^z'?fi•3.yW+9:s5;3?Ef it'd k10.`!P+=+F'. _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA K. BLESSING, ) Plaintiff ) V. ) STEVEN B. BLESSING, ) Defendant ) NO. 2001-3320 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, James J. Kayer, Esquire, hereby accept service of the Complaint in Divorce on behalf of Defendant, Steven B. Blessing. Date: J. # - 4 East Liberty Avenue PA 17013 Telephone: (717) 243-7922 Counsel for Defendant Steven B. Blessing BRENDA K, BLESSING, Plaintiff V. STEVEN B. BLESSING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 - 3320 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance for Defendant, Steven B. Blessing, in the above-referenced matter. Date: 6 ?25 /0 1 By: r Ja J. Ka r, 2 L rty Av nue Ca i le, P . 1701 (71 243- 22 Please enter my appearance for Defendant, Steven B. Blessing, in the above-referenced matter. Date: 6 , CR 0 Ja a Adams, Esquire 147 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 I.D. No. 79465 r= ID - >r ?t, t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA K. BLESSING, Plaintiff ) NO. 2001-3320 CIVIL TERM V. ) STEVEN B. BLESSING, ) CIVIL ACTION - LAW Defendant ) 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: Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Complaint accepted by James J. Kayer, Esquire, attorney for Defendant Steven B. Blessing, on June 15, 2001; Acceptance of Service filed on June 21, 2001. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, October 4, 2001; by defendant, October 9, 2001. 4. Related claims pending: All claims resolved by Marital Settlement Agreement executed by the parties on May 21, 2001 Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: October 10, 2001; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: U /1 f c- arren J. H/?Eguire HOWETT, GER & CONLEY, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Brenda K. Blessing A? a o 0 -C uit Fz- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF AAAI, PENNA. BRENDA K. BLESSING, Plaintiff VERSUS No. 2001-3320 CT TERM DECREE IN DIVORCE AND NOW, OCAL&- /9x , nni, IT IS ORDERED AND DECREED THAT BRENDA K. BLESSING AND STEVEN B. BLESSING ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions of a certain Marital Settlement Agreement between the parties dated May 21, 2001, are incorporated in this Decree in Divorce by reference as fully as if the same were set o erem at length. Said Agreement shall not merge with but shall survive this Decree in Divorce. BY THE COURT: ATTE J PROTHONOTARY SJ /O d 3 1 44 2 CD j i Z t 1 ' 'T T BRENDA K. BLESSING, Plaintiff vs. STEVEN B. BLESSING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001 - 3320 Civil Term ACTION IN DIVORCE STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this6 day of A-C , 2008, by and between Brenda K. Blessing, n/k/a Brenda K. Wa I, (Hereinafter referred to as "Mother"), of Etters, York County, Pennsylvania, and Steven B. Blessing, (Hereinafter referred to as "Father"), of Newville, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Devin M. Blessing, date of birth, March 31, 1992; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Father. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Mother shall have periods of partial custody with the child as mutually agreed by the parties. a. Mother shall have periods of partial custody with the child as the parties mutually agree. On days that Mother has a visit with the child, she shall return the child by 9:00 p.m. that evening. b. Mother shall be entitled to an additional block of time with the child on all major holidays, including Easter, Thanksgiving, and Christmas, and other holidays, as the parties mutually agree. c. Nothing in this agreement shall prevent the parties from stipulating to terms other than as provided herein, upon mutual agreement. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 5. Ongoing Relationshig_ Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any parson in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 14. Enforcement. The parties agree that this Agreement maybe adopted as an Order of Court without the necessity of a Court hearing. ?Y 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Witness Witness Brenda K. Wahl, Mother Date: S) w010't Date PA _ CO BRENDA K. BLESSING, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2001 - 3320 Civil Term STEVEN B. BLESSING, ACTION IN DIVORCE Defendant 1. Petitioner/Defendant is Steven B. Blessing, who currently resides at 400 Nealy Road, Newville, Cumberland County, Pa. 17241. 2. Respondent/Plaintiff Defendant is Brenda K. Blessing, who currently lives at 695 Salem Road, Lot 106, Etters, York County, Pennsylvania, 17319. 3. Petitioner is the Father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Devin M. Blessing 3/31/92 (15) 400 Nealy Road Newville, Pa. 17241 Mother and Father were divorced on October 18, 2001. A divorce decree was entered under the above-captioned docket number. CUSTODY COMPLAINT During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Steven B. Blessing J. Richard Lehman Joanna Lehman maternal uncle and aunt. Brenda K. Blessing 400 Nealy Road Newville, Pa. 17241 4434 Sulphur Creek Rd. Columbia, KY 42728 Etters, Pa. May 17, 2008 - present July 2005 - May 17, 2008 2004 - July 2005 The mother of the child is Brenda K. Blessing, now known as Brenda K. Wahl. She currently resides at 695 Salem Road, Lot 106, Etters, Pa. 17319. The father of the child is Steven B. Blessing. He currently resides at 400 Nealy Road, Newville, Pa. 17241. 4. The relationship of plaintiff/respondent to the child is that of Mother. The plaintiff currently resides with her boyfriend. 5. The relationship of defendant/petitioner to the child is that of Father. The defendant currently lives with the child. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court: other than during the divorce pursuant to a marriage settlement agreement which was filed under the above-captioned docket number. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties divorced in 2001 and the marriage settlement agreement filed under the above-captioned docket number included basic provisions for custody. Since that time the situation has changed The child resided with maternal uncle and aunt in Kentucky for several years since July 2005 Currently all parties including the child, who is now 16, agree that the child will reside with Father. Father is requesting a court order confirming this arrangement 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Date: Respectfully submitted, uava_ J e Adams, Esquire Wa? N o. 79465 W. South St. rlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ??6?? C-N Q Ll b N BRENDA K. BLESSING, Plaintiff vs. STEVEN B. BLESSING, Defendant JUN Y 32008 O e IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2001 - 3320 Civil Term ACTION IN DIVORCE ORDER AND NOW, this J?* day of 54k4- , 2008, having reviewed the attached agreement between the parties dated June 6, 2008, it is hereby ORDERED and DECREED as follows: 1. Mother, Brenda K. Blessing, k/n/a Brenda K. Wahl, and Father, Steven B. Blessing shall have shared legal custody of their child, Devin M. Blessing, born, March 31, 1992. 2. Father shall have primary physical custody of the child and Mother shall have periods of partial physical custody with the child as the parties mutually agree. 3. The parties' agreement, dated June 6, 2008, shall be entered as an Order of Court. cc: Jane Adams, Esquire, for father / J Brenda K. Wahl, mother LL SC 14d oz