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Home My WebLink About07-18849 Nichole Hale, Plaintiff V. Charles P. Hale, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07 - JPs CIVIL IN DIVORCE / CUSTODY You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 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. 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. MARK F. BAYLEY, ESQUIRE BAYLEY & MANGAN 57 WEST POMFRET STREET CARLISLE PA 17013 (717) 241-2446 ATTORNEY ID NO. 87663 ATTORNEY FOR PLAINTIFF Nichole Hale, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Charles P. Hale, Jr., No. 07 - /Ao CIVIL Defendant IN DIVORCE /CUSTODY COUNT I COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Nichole Hale, an adult individual, who resides at 1791 Waggoners Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Charles P. Hale, Jr., an adult individual, who resides on Landis Street, Hummelstown, Dauphin County, Pennsylvania 17036. 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 December 22, 2001, in Carlisle, Cumberland County, Pennsylvania. 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. 1 ' 9. 10. 11. 12. COUNT II COMPLAINT FOR CUSTODY Previous paragraphs are herein incorporated. The plaintiff is Nichole Hale, residing at 1791 Waggoners Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. The defendant is Charles P. Hale, Jr., residing on Landis Street, Hummelstown, Dauphin County, Pennsylvania 17036. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Madison Hale 1791 Waggoners Gap Rd. 3/7/2000 7 years Carlisle, PA 17013 Mikenna Hale 1791 Waggoners Gap Rd. 3/7/2000 7 years Carlisle, PA 17013 Alexis Hale 1791 Waggoners Gap Rd. 1/4 2003 4 years Carlisle, PA 17013 The children were born in wedlock The children are presently in the custody of Nichole Hale, residing at 1791 Waggoners Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Nichole & Charles Hale, Jr. 57 Oliver Road Enola, PA 17025 Nichole & Charles Hale, Jr. 1791 Waggoners Gap Rd. Carlisle, PA 17013 Nichole Hale 1791 Waggoners Gap Rd. Carlisle, PA 17013 Dates 11/2001 to 8/2005 8/2005 to 3/2007 3/2007 to present 13. 14. 15. The mother of the children is Nichole Hale, residing at 1791 Waggoners Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. She is married. The father of the children is residing on Landis Street, Hummelstown, Dauphin County, Pennsylvania 17036. He is married. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons. Name Madison Hale Mikenna Hale Alexis Hale Relationship Daughter Daughter Daughter The relationship of defendant to the children is that of father. The defendant currently resides with the following persons. Name Relationship Olivia Hale Daughter Joann & Charles Hale, Sr. Parents 16 17. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children 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 children and claims to have custody or visitation rights with respect to the children. The best interest and permanent welfare of the children will be served by granting the relief requested because: A Court Order of custody is desired so that the parties may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided At this time, Mother retaining the primary caregiver role is in the best interests of the children. WHEREFORE, Plaintiff requests this Court to grant Plaintiff primary physical custody subject to partial physical custody by Defendant at times agreed upon by the parties or determined by the Court to be in the best interests of the children. Date: ?J' Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Esquire 57 W. Pomfret St. Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff Nichole Hale, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Charles P. Hale, Jr., No. 07 - CIVIL Defendant IN DIVORCE / CUSTODY 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. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: (A . goon Nichole Hale, Plaintiff 1 CAJ ?I V C 404. C 1 Y f._ i G- r ?s. Fy NO C-j -n n i it :73 "`r NICHOLE HALE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES P. HALE, JR. DIFI-.NDANT 07-1884 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, -Monday, April 16, 2007 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 11, 2007 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 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 hearinp.. FOR THE COURT, By: /s/ Hubert X. Gilroy' Es9._? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilnes 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 ,,,,< x? - -?- me "??v ? 0- 1/ /1 elp SS :? ''J 9 d c",clV D0 '/-a - 11'17 -,. 1 a Nichole Hale, Plaintiff V. Charles P. Hale, Jr., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07 - 1884 CIVIL IN DIVORCE / CUSTODY STIPULATION AND NOW, the parties hereby enter into the following Stipulation regarding custody: 1. Mother and Father shall enjoy shared legal custody of the children, Mikenna Hale, born March 7, 2000, Madison Hale, born March 7, 2000, and Alexis Hale, born January 4, 2003. 2. Mother shall have primary physical custody of the children. 3. Father shall enjoy periods of partial physical custody as follows: a. Every other weekend beginning Friday at 4:00 PM to Saturday at 3:00 PM. b. Every other Monday from 4:00 PM to Tuesday at 8:30 AM following Mother's weekend. 4. During the summer when school is not in session, Father shall enjoy additional periods of physical custody with Mikenna and Madison every Wednesday at 4:00 PM to Thursday at 8:30 AM. 5. Father shall have extra periods of physical custody with Alexis every Wednesday at 4:00 PM to Thursday at 8:30 AM all year until she is enrolled in school; at which time the schedule with Alexis shall become the same as the other children. 6. The parties shall split holidays by agreement. $ .i 7. Father shall have two non-consecutive weeks of uninterrupted custody per year during the summer school holiday. Father shall provide Mother three weeks notice of his scheduled week(s) of custody. 8. Father's periods of partial physical custody as stated above shall not occur on days when the children object to being transferred to Father; either child may remain with Mother if they wish to do so. 9. All transportation shall be shared. 10. The custody schedule may be modified at any time with prior mutual consent of both parties. 11. Both parents shall notify the other as soon as possible of medical emergencies that arise while the child is in the other parent's care. 12. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion the child has regarding the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. Date: (,&XIa7 Date: tb l Z b 7 Date: (D I t L ro Date: _LJ . Charles Hale Kara Haggerty, Nichole Hdle LAA Mark F. Bayley, Esquire CD JUN S 0 2007 e" NICHOLE HALE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW CHARLES P. HALE, JR., : NO. 2007-1884 Defendant : IN CUSTODY COURT ORDER IVA AND NOW, this If f day of June, 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. ?9 \v(J Hubert X. Gil oy, Esquire Custody Co iliator F:\FILES\General\Current\12321\HALE ConelliatiOn Order relinquishing jurisdiction.wpd -HI ?Q w "? JUN 2 1 2007 Nichole Hale, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Charles P. Hale, Jr., No. 07 - 1884 CIVIL Defendant IN DIVORCE / CUSTODY ORDER OF COURT AND NOW this q' day of " , 2007, upon stipulation by the parties, it is hereby Ordered and Directed as follows: 1. Mother and Father shall enjoy shared legal custody of the children, Mikenna Hale, born March 7, 2000, Madison Hale, born March 7, 2000, and Alexis Hale, born January 4, 2003. 2. Mother shall have primary physical custody of the children. 3. Father shall enjoy periods of partial physical custody as follows: a. Every other weekend beginning Friday at 4:00 PM to Saturday at 3:00 PM. b. Every other Monday from 4:00 PM to Tuesday at 8:30 AM following Mother's weekend. 4. During the summer when school is not in session, Father shall enjoy additional periods of physical custody with Mikenna and Madison every Wednesday at 4:00 PM to Thursday at 8:30 AM. 5. Father shall have extra periods of physical custody with Alexis every Wednesday at 4:00 PM to Thursday at 8:30 AM all year until she is enrolled in school; at which time the schedule with Alexis shall become the same as the other children. 6. The parties shall split holidays by agreement. no S S :8 144 0 1 lA LOU4 , Ili- (.L L H.I. AO kvoi'V. "r 01H, ,! D- IPA 7. Father shall have two non-consecutive weeks of uninterrupted custody per year during the summer school holiday. Father shall provide Mother three weeks notice of his scheduled week(s) of custody. 8. Father's periods of partial physical custody as stated above shall not occur on days when the children object to being transferred to Father; either child may remain with Mother if they wish to do so. 9. All transportation shall be shared. 10. The custody schedule may be modified at any time with prior mutual consent of both parties. 11. Both parents shall notify the other as soon as possible of medical emergencies that arise while the child is in the other parent's care. 12. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion the child has regarding the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. BY THE COURT, Distribution: Kara Haggerty, Esquire Mark F. Bayley, Esquire ?`? ?? `. r1 `' ??e r ? . ?I i i f .? r' ,. y,. ?7? ? Nichole Hale, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Charles P. Hale, Jr., No. 07 - 1884 CIVIL Defendant IN DIVORCE / CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on April 5, 2007. 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 Charles P. Hale, Jr. t" P3 Nichole Hale, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Charles P. Hale, Jr., No. 07 - 1884 CIVIL Defendant IN DIVORCE / CUSTODY WAIVER OF INTENTION TO +. TF T_ Kk„T tY OF A PU ,,,Q 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. I VERIFY` THAT THESTATEMENTS 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. Charles P. Hale, Jr. O t tv Nichole Hale, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Charles P. Hale, Jr., No. 07-1884 CIVIL Defendant . IN DIVORCE / CUSTODY ACCEPTANCE OF SETtME I hereby accept service of the Complaint in Divorce/Custody on behalf of the Defendant, Charles P. Hale, Jr., in the above-captioned action and I certify that I am authorized to do so. Y 11? (o17 Date BY: Charles P. Hales, r., Def t r.? '"D C?'t ? ??Jy{ r?rs 4. ?+y w??? V r ? ? Nichole Hale, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . CIVIL ACTION - LAW Charles P. Hale, Jr,, No. 07 - 1884 CIVIL Defendant IN DIVORCE / CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on April 5, 2007. 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 FALSIFICA'T'ION TO AUTHORITIES. 4"Ip ff" 00 Nichole Hale 9 3 G ? tQ Nichole Hale, Plaintiff V. Charles P. Hale, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07 - 1884 CIVIL IN DIVORCE / CUSTODY WAIVER F IN'I'MON TO REOUEST `ENTRY OF A DIV0%tQ DE = _ ER 3341(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 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. a-? Date 4 Atd, Nichole ale r i l a Nichole Hale, Plaintiff V. Charles P. Hale, Jr., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07 - 1884 CIVIL IN DIVORCE / CUSTODY PRAECI PE.TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: filed on April 5, 2007 and Acceptance of Services signed on April 17, 2007. 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff September 10, 2007; by the Defendant September 10, 2007. 4. Related claims pending: None 5. Date 'Plaintiff's .Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on September 12, 2007; a copy of which is attached. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on September 10, 2007; a copy of which is attached. Date: Mark F. Bayley, squire BAYLEY & MANGAN 17 W. South St. Carlisle, PA 17013 717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff m C?*1 N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Nichole M. Hale, No. 1884 2007 Plaintiff VERSUS Charles P. Hale, Jr. Defendant DECREE IN DIVORCE AND NOW, /.0` ."07 IT IS ORDERED AND Nichole M. Hale DECREED THAT PLAINTIFF, Charles P. Hale, Jr. AND DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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. The Martial Settlement Agreement is incorporated But notrmerged with the Divorce Decree. BY THE COURT: O N OTA RY ?. v