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Home My WebLink About01-03807 ,~ 'IJ' --- lI\ii!~" ELIZABETH A. HANAWALT PLAINTIFF V. JOHN A. HANAWALT DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-3807 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 26, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Suuday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thnrsday, July 12, 2001 at 10:00 a.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 the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. Sunday. Esq. pi' Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE mIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I ~:~r1;)"":'~~:kf~J7~\i'it1:<~'r'-<Y:'~'&~Vd"'j-'7':";C-,i'i:';~"""-'~;;'/-',d~~"~!';' ::hi'''''-'!;;'p'::o.~~''''',<--,!\<0';':4:i<;;;'[;F.iJff:---: -J'" :j.'''''-''j'' ;l:":;,~"<'yl5\t'''' "'f'{i']p-.'" - -""-""-"<""'T"'" "r+~'",c~""- "-~"'M ""'k-'~ " ~~,>~ ""~ baJP'CI rf ;;2~ /J / tc)ff-t!?/ I"" iI r.r:! _,: n "t ?;.) _ ..,-- .'1 .t._- in; Cl - (,I ).',/[_",,:--<. ,', ("i'J"! 11\11"\/ ,-,Ulv.~_,~_, .'.-' ,I -_,. ...,\ 'i I i pa~N8YLV?N:f\ &J.~~4~~ /r7~~ ~~. ~ ~ ;1;.~~ ~W!!!1i'lM'_~$lfi~I~H-"l;;j'!;t~';;~''ffiffiliWfflml!!l~_JlFlJj!Wf:"<,:,~'rl'~''"';C",,_-:;:;,,,,e,,:Y'lV"'W'" . "<r;O-I""u" _';';;:,,[fI,;.ri~"''\!Fj};~;m'_'l'f!!''Wl1j'l''~''1F;''Y'fR<;~1,'nm!''1r:1I1_1'lm,,~!!~~l'il[f._,.~~:: ~ I , . -, J ..,.-It;,,~~,,, . ~ ELIZABETH A. HANAWALT Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: DI-3P'o7 Gv~L y~ CIVIL ACTION - IN DIVORCE/CUSTODY JOHN A. HANAWALT, Defendant ORDER AND NOW, this day of 2001, you, John A. Hanawalt, are ORDERED to appear in person at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania on at o'clock a.m.lp.m. for a Custody Conciliation Conference. If you fail to appear as provided by this Order, an Order for custody may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 Court Administrator 4th FI., Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 BY THE COURT: Date Custody Conference Officer Document #: 208359.1 ~ " - I L"~ ~ " ELIZABETHA. HANAWALT Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLV ANIA v. NO: JOHN A. HANAWALT, Defendant CIVIL ACTION - IN DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS TO: John A. Hanawalt 110 Colwnbia Road Enola, P A 17025 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 importantto you. 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 at the Cwnberland County Courthouse, One 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. Cwnberland County Court Administrator 4th Fl., Cumberland County Courthouse Carlisle,PA 17013 (717) 240-6200 Document #: 208359.1 ~~. ...L~ ELIZABETHA. HANAWALT Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CJ/.3P67 CWJ I~ JOHNA.HANAWALT, Defendant CIVIL ACTION - IN DIVORCE/CUSTODY COMPLAINT UNDER SECTION 3301(c) OR 3301 Cd) OF THE DIVORCE CODE COUNT I -DIVORCE I. Plaintiff is Elizabeth A. Hanawalt, who currently resides at 110 Columbia Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is John A. Hanawalt, who currently resides at 110 Columbia Road, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 17, 1982 in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of Divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have two (2) children, Jeremy Adam Hanawalt (DOB 2/21/88) and Daniel Charles Hanawalt (DOB 6/30/90). 8. The marriage is irretrievably broken. Document #: 208359. J ,~ - - ':I;", - 1.........,J. 9. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render Plaintiff s condition intolerable and life burdensome, as defined by 23 Pa. C.S.A. ~ 330 I (a)(6) of the Divorce Code. 1 O. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff, Elizabeth A. Hanawalt, requests the Court to enter a Decree in Divorce and such other orders as may be just and appropriate. COUNT II EOUlT ABLE DISTRIBUTION 11. The averments of paragraph 1-10 are incorporated herein by reference. 12. During the marriage the parties acquired marital property, assets, and debts which Plaintiff requests the Court equitably distribute and assign. WHEREFORE, Plaintiff, Elizabeth A. Hanawalt, requests the Court to enter a Decree in Divorce and enter an Order equitably distributing marital property and such other orders as may be just and appropriate. COUNT III COMPLAINT FOR CUSTODY 13. The averments of paragraphs 1-12 are incorporated herein by reference. 14. The Plaintiff is Elizabeth A. Hanawalt, who resides at the address specified above. 15. The Defendant is John A. Hanawalt who resides at the address specified above. 16. Plaintiff seeks custody of the following children: Document #: 208359.1 "~LL~ r-ij[iJ - '; L_ NAME PRESENT RESIDENCE AGE Jeremy Adam Hanawalt with Plaintiff and Defendant 13 (d.o.b. 2/21/1988) 10 (d.o.b. 6/30/1990) Daniel Charles Hanawalt with Plaintiff and Defendant The children are presently in the physical custody of both the Plaintiff and Defendant, who reside at 110 Columbia Road, Enola, Cumberland County, Pennsylvania 17025. During the past five years, the children have resided with the following persons and at the following addresses: NAME RESIDENCE YEARS Elizabeth and John Hanawalt 110 Columbia Road Enola, P A 17025 II years The mother of the children is Plaintiff, Elizabeth A. Hanawalt. She is married to Defendant. The father of the children is John A. Hanawalt He is married to the Plaintiff. 17. The relationship of Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the children and the Defendant. 18. The relationship of Defendant to the child is that of natural father. The Defendant currently resides with the children and the Plaintiff. 19. Plaintiff has not participated as party or witness or in any other capacity, in other litigation concerning the custody of the children in this or another court. Other than the present action, Plaintiff has no information of a custody proceeding concerning the children pending in the court of this Commonwealth. Document #: 208359.1 .. ; '., L....... ;.. I _; , -10<1 -. - Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 20. The best interest and permanent welfare of the children will be served by granting joint legal custody to Plaintiff and Defendant and primary physical custody to Plaintiff. 21. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Plaintiff, Elizabeth A. Hanawalt, requests the Court to enter a Decree in Divorce, enter an Order equitably distributing marital property, enter an order granting joint legal custody to Plaintiff and Defendant and primary physical custody to Plaintiff and such other orders as may be just and appropriate. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: (/re I JA411 (0/, Jj-;j hJ Melissa L. Stickel, Esquire Attorney l.D. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, P A l71l 0-0300 (717) 238-8187 Dated: &//5/01 Attorney for Plaintiff Document #: 208359.1 . '. I"," "".;, VERIFICATION I, Elizabeth A. Hanawalt, do hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904, relating to unsworn falsification to authorities. Date: \)~,. \G O( , Y'O~ qt~",- ~ . beth A. Hanawalt Document #: 208359.1 c , I ~Jl_:iW~f(j~~;&lo~I!~m*I~-1,oo{JJ!RI,~!}[r,;j}h.ij'<.;;i!lM:WH;liJ.!.!:iI1\t~~;tj,,!-.. A",'ii~'t.:""",..",;:J,tl:t'd;j:l~i$,;'.Jl.~~jft,:~rn~![;.'~~~~~~llJ~~'" ^ '''''''''''1--1L- W~~~-"--- - n 0 ~ ~ It. F ~ f'- '- ~ ?:1 0> err ~ ~ - 0 0 g , . "" .... () rJ 0 8 ...... ~ () (,..J \ I () c_ )v I I c - <" ~~~ ~t~~, ~_. -7r- '--''''.) (1]\- ~J- ~ '~ , ~(~~, J>- ._'1 C <- -:-;' ---I :.s -<. CD -< " _~ . ~_,_~,~,~,'='_'_~ .~" ._, ~~, '" _ _~Jm,,,,,,.,,, '" :-~_, C',J,J.. :j}l/",L m;~"l ,LH$i:i),,~~L\\, ';'''~' 'J"~,'~R:~':r_Ii1t\,,,,,,, ,:I )'hID'"''''~).'o,WJ-,~~,t~"k,.u .,-,L~JIUL'-''f''T"'_:''''~'''1-'' t:",,~_!_ t"f,' " . i, ," '- '-'" _,_ ~ .;~ I ~ JUt1l 2001fIJ ELIZABETH A. HANAWALT, Plaintiff . . IN THE CXJURT OF CXJMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : . . vs. . . NO. 01-3807 CIVIL TERM : . . CIVIL ACTION - LAW JOHN A. HANAWALT, Defendant : . . IN CUSTODY aIDER OF CXXlRT AND NCW, this 6th day of July, 2001, the Conciliator, being advised by Plaintiff's counsel that the parties desire to attempt to resolve all custody issues without the need for a Conciliation Conference, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for July 12, 2001 is canceled. However, either party may file a Petition to have a Conciliation Conference scheduled at a later date if necessary. FOR THE CXJURT, M..~ Dawn S. Sunday, Esquire Custody Conciliator