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HomeMy WebLinkAbout01-03422 Plaintiff AUG 1 3 200~1\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3422 JOYCE A. NORRIS, vs. Defendant CIVIL ACTION - LAW CUSTODY TIMOTHY R. NORRIS, ORDER TO RELINQUISH JURISDICTION AND NOW, this 6th day of August, 2001, the Conciliator, having granted a continuance on July 2, 2001, at the request of counsel for Plaintiff, and having received no request for an additional Conference date within the subsequent thirty-day period, hereby relinquishes jurisdiction of the above-captioned custody matter. FOR THE COURT, elissa Peel Greevy, Esq ustody Conciliator -'-7':---_".'"'. 'f'j-","",-- <. ~ . --,., ~ I .., ,~,~- ,- I" ~ ~: n ,,fJH ", -".". ".~,.,.--~~~ -, ,~ ~ " ".- -~"- """,->- "'~' ,~, .,,", .."" "",. -,'- """"-,""",,. "'~" ~~'1tI 0 c:' C s: ;;,.. -of-'. 111 r-r-," ';::=1 " Z:J: Z ~ w C;- -< -', r;::: t: 'v , " ',\ ~2 , " . ,-,<, :::) :::. ):--. :::;0 -< O"J -< II lrnill'I!i'" I _~,",~_~, ~~'{l~E.'H;;:~I"'if"l~-;;';;~"'''''!1''.0ff_W~j~",,~AA1i!ilr~>!~f>~'1I-~!I<~\!iM'!~~ - , -'lo Theresa Barrell Male Supreme Court # 46439 513 North Second Street Harrisburg. PA 17101 (717) 233-3220 Counsel For Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOYCE A. NORRIS Plaintiff v, 01- 3 '1.2 .z. C;;i:i -r..u-- TIMOTHY R. NORRIS Defendant CIVIL ACTION - DIVORCE COMPLAINT IN DIVORCE Count I - Divorce 1. Plaintiff is Joyce A, Norris, who currently resides at 1038 Swarthmore Road, New Cumberland, Cumberland County, Pennsylvania since on or about June, 1990. 2, Defendant is Timothy R. Norris, who currently resides at 1038 Swarthmore Road, New Cumberland, Cumberland County, Pennsylvania since on or about June, 1990. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The parties were married on September 30, 1988 at Mechanicsburg, Pennsylvania. 5, There have been no prior actions for divorce or annulment between the parties. 6. The grounds for divorce are: a. the marriage is irretrievably broken. ."'''lil, _~'^' -, --T,'_ " , - , ~_. 7. Neither party is a member of the Armed Services of the United States of America. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have may have the right to request that the court require the parties to participate in counseling. Wherefore, Plaintiff requests the Court to enter a Decree in Divorce under section 3301(c) of the Divorce Code. Count II - Equitable Distribution 9. Plaintiff incorporates by reference paragraphs I through 8 above. 10. During the marriage, Plaintiff and Defendant have acquired real and personal property , Wherefore, Plaintiff requests the Court to enter an Order equitably dividing all the marital property . Count III - Alimony 11. Paragraphs 1 through 8 are incorporated by reference. 12. Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through appropriate employment. 13. Defendant has sufficient assets to provide continuing support for Plaintiff. Wherefore, Plaintiff requests the Court to enter an order granting her alimony. Count IV - Alimony Pendente Lite, Counsel Fees and Expenses 14, Paragraphs 1 through 8 are incorporated by reference. 15, Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through appropriate employment. 2 \'i"~1l'l "0, "0 ,.~.- - _~ ,., "' ~, - . .', _ _ _ ,j_ >", " . , . - ~ 16. Defendant has sufficient assets to provide continuing support for Plaintiff. 17. Plaintiff has retained counsel to pursue this action and has agreed to pay her attorney a reasonable fee. 18. Plaintiff lacks sufficient funds to meet the costs and expenses of pursuing this action, including counsel fees and the costs to retain experts to value the marital assets. 19, Defendant has sufficient assets to provide alimony pendente lite, counsel fees, costs and expenses for Plaintiff. Wherefore, Plaintiff requests the Court to enter an order awarding Plaintiff alimony pendente lite, interim counsel fees and expenses; and thereafter awarding Plaintiff such additional alimony, counsel fees and expenses as the Court deems just and appropriate. Count V - Custody 20. Plaintiff incorporates by reference the avennents set forth in paragraphs 1 and 2. 21. Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Christian Norris Brooks Norris 1038 Swarthmore Rd. New Cumberland, PA 06/09/89 04/21/90 Plaintiff also has a son, Zachary Norris (dob: 07/05/86), from a prior marriage. The parties changed his surname from Forrestall to Norris pursuant to 54 Pa.C.S.A. g 701 et seq. The children were not born out of wedlock. The children presently are in the custody of Plaintiff, who resides at 1038 Swarthmore Road, New Cumberland, PA. 3 ''1>0..,. .,'~, f" ,0 . . ~,~ '" -. During the past five (5) years, the children have resided with the following persons at the following addresses: Name Address Dates Joyce & Timothy Norris 1038 Swarthmore Rd. New Cumberland, PA 1990 to date The mother of the children is Plaintiff, currently residing at 1038 Swarthmore Road, New Cumberland, PA. She is married. The father of the children is Defendant. He is married. 22, The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons: Name Relationship Defendant Zachary, Christian & Brooks Husband sons 23. The relationship of defendant to the child is that of father. Defendant currently resides with the following persons: Name Relationship Plaintiff Christian & Brooks Wife sons 4 , ,'<', , , ,~ ,," 24. 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 in another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. 25. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff is the children's primary caretaker. 26. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action. Wherefore, plaintiff requests the court grant custody of the children. ~1lI~ Theresa Barrett Male, Esquire Supreme Court #46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: May 31, 2001 5 "": n' ~, ~~ --~ -, f' ,-, ", . " . VERIFICATION I, Joyce A. Norris, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. 9LwaL Joyce . orris Date: ~/)/ :-""'",~, ,-, - " -<~,' ", ~,./ ~ - ~,": "'".' ,-'.- ".- .~~, -] .