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HomeMy WebLinkAbout03-2434STEPHANIE PINKNEY, Plaintiff V. MARCUS PINKNEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(e) OF THE DIVORCE CODE 1. Plaintiff is Stephanie Pinkney, who currently resides at 32 Hope Terrace, Cumberland County, Carlisle, Pennsylvania, since June, 2002. 2. Defendant is Marcus Pinkney, whose current mailing address is at 32 Hope Terrace, Cumberland County, Carlisle, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on October 10, 1997, in Fayetteville, Cumberland County, North Carolina and they have been separated since February, 2003. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. II. CUSTODY 9. Previous paragraphs are incorporated by reference. 10. The plaintiff is Stephanie Pinkney, residing at 32 Hope Terrace, Cumberland County, Carlisle, Pennsylvania. 11. The defendant is Marcus Pinkney, whose current mailing address is 32 Hope Terrace, Cumberland County, Carlisle, Pennsylvania. 12. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Seth Andrew Pinkney 32 Hope Terrace 5/29/2001 3 Carlisle, PA The child was not bom out of wedlock The child is presently in the custody of Stephanie Pinkney who resides at 32 Hope Terrace, Carlisle, Cumberland County, Pennsylvania. During the past three years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Stephenie & Marcus Pinkney 32 Hope Terrace Carlisle, PA Stephenie & Marcus Pinkney 10 Westover Ct. Stanford, NC 28332 Dates June 2003 - Present Jan. 2000- Jan. 2002 The mother of the child is Stephanie Pinkney who resides at 32 Hope Terrace, Carlisle, Cumberland County, Pennsylvania. She is married. The father of the child is Marcus Pinkney who resides at 32 Hope Terrace, Carlisle, Cumberland County, Pennsylvania. He is married. 13. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons. Name Relationship Seth Andrew Pinkney Son 14. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons. Name Relationship Unknown at this time. 15. 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. 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 and claims to have custody or visitation rights with respect to the child. 16. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the child. VERIFICATION I verify that the statements made in this 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: Stephan~e Pinkney, Plaintiff STEPHANIE PINKNEY PLAINTIFF MARCUS PINKNEY DEFENDANT lN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2434 CIVIL ACTION LAW IN CUSTODY ORDEROFCOURT AND NOW, __ Monday, June 02, 2003 _, 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, July 18, 2003 at 9:30 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 vresent at the conference. Failure to avvear 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: /s/ Hubett~X. Gilrog' Esq. 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 THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 STEPHANIE piNKNEY, Plaimiff MARCUS P1NKNEY, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03- 2434 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) I, Michael J. Whare, Esquire, did serve by a Process Server to Marcus Pinkney, a Complaint under Section 3301 (c) of the Divorce Code at his place of business in Mechanicsburg, Pennsylvania 17055. Service was executed on June 3, 2003. Affidavit &Service is attached. Dated: June 5, 2003 Respectfully submitted, ROMINGER & BAYLEY Michael/. Whare, E[quire 155 South Hanover Street Carlisle, PA 17013 (717) 241- 6070 Supreme Court ID # 89028 Attorney for Plaimiff AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania Case Number: 02-3434 County of Cumberland Common Pleas Court Plaintiff: Stephanis Pinkney VS. Defendant: Marcus Pthkney For: Mike Whare Rominger & Bayley Received by ROM NGER LEGAL on the 23rd day of May, 2003/al 1~1,,.6 a~m tc~,O ~3~e~served on I~ae~n~U~ ~lvnkswn~rYn 5205 Sim on Ferry Rd Mechanicsburg,[PA17.955- I, ~,.~j..,- , .. . , . u. ! . . , :. .ps ....... ~ -,-,,,,~ ,IL/,~IL .20~'~ at{~ "3~ ~.m.,e~ecuteclservmeDyaelNe.nnga ~lme~ copy of th~ Notice (Divorce), Order of Court, Compla,nt Under Sect,on 3301(c) of the Dworce Cocle ,n accordance with state statutes in the manner marked below: .~NDIVIDUAL SERVICE: Served the within-named person. ( ) SUBSTITUTE SERVICE: By serving as ( ) POSTED SERVICE: After attempting service on _.._/ at place on the property described herein. ( ) NON SERVICE: For the reason detailed in the Comments below. Military Status: ( )Yes or ( )No Ifyes, what branch? Marital Status: ( ) Married or ( ) Single Name of Spouse COMMENTS: and on / at __ to a conspicuous I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. Subscril~,ed and Sworn to before me on the ~//'~ day of .TU ~J ~ , c~Ez~.~ by the affiant who is persenally known to me. PROCESS SERVER # Appointed in accordance with State Statutes ROMINGER LEGAL 155 S. Hanover St. P.O. B ox 1148 Carlisle, PA 17013 (717) 960-9260 Our Job Serial Number: 2003000109 STEPHANIE PINKNEY, Plaintiff MARCUS PINKNEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVNIA : CIVIL ACTION - LAW · NO. 03-2434 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §330'1(c) of the Divorce Code was filed on May 22, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date ./~tephanie Pinkney, Plaintiff STEPHANIE PINKNEY, Plaintiff MARCUS PINKNEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVNIA : CIVIL ACTION - LAW : NO. 021-2434 CIVIL TERM : IN DIVQRCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under {}3301(c) of the Divorce Code was filed on May 22, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MAr)E IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND 'I"HAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. {}4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date STEPHANIE PINKNEY, Plaintiff MARCUS PINKNEY, Defendant : IN THE-- COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVNIA : CIVIL ACTION - LAW : NO. 03,-2434 CIVIL TERM : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODF 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 clairn 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date ~'t'e]Jhanil~ Pinkney, Plaintiff STEPHANIE PINKNEY, Plaintiff MARCUS PINKNEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVNIA : CIVIL ACTION - LAW : NO. 03-2434 CIVIL TERM IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301~c) OF THE DIVORCE CODF 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF-' 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date Inkney, D~.~t STEPHANIE PINKNEY, Plaintiff MARCUS PINKNEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVNIA : : CIVIL ACTION - LAW : NO. 03-2434 CIVIL TERM : : IN DIVORCE TO THE PROTHONOTARY: decree: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry ora divorce 1. Grounds for divome: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: June 3, 2003, Acceptance of Service signed by Defendant. 3. Date of execution of the affidavit of consent required by § 3301 (c) or The Divorce Code: by the Plaintiff November 1,2003; by the Defendant November 17, 2003. Related claims pending: None 4. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December I, 2003 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 1,2003. Date: December 1,2003 ichael J Whare, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 89028 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~j~. PENNA. SteDhanie Pinkney VERSUS Marcus P~nkn~y N O. 03-2434 DECREE IN DIVORCE AND NOW, ~¢.~..Z~ ~' '~ DECREED THAT Stephanie Pinkne¥ aND Marcus Pinkne¥ ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , 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; .o u PROTHONOTARY STEPHANIE PINKNEY, Plaintiff V MARCUS PINKNEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03 - 2434 CIVIL : IN CUSTODY COURT ORDER AND NOW, this ~ day of December, 2003, this case coming before the conciliator on the request of the Court Administrator to address the outstanding referral for a conciliator and the conciliator being advised that the parties had previously resolved the matter without the need of further involvement of the conciliator, the conciliator relinquishes jurisdiction. BY THE COURT, cHuUsbteor tdyX~oGn~r