HomeMy WebLinkAbout03-2841TISHA ANN DOMINICK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : No. 03 - ~1 _ CIVIL TERM
STEVEN MICHAEL DOMINICK,i DIVORCE Defendant :
NOTICE TO DEFEND AND CLAIM RIGHTN
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 will proceed without you and a decree of divorce or annulment may be
entered against you for any claim or relief requested in these papers by the Plaintiff. You
may lose money or properly 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 at Cumberland County Courthouse, Carlisle,
Cumberland County, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
TISHA ANN DOMINICK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : No. 03 - CIVIL TERM
:
STEVEN MICHAEL DOMINICK,: DIVORCE
Defendant :
,COMPLAINT IN DIVORCE
COUNT I - NO FAULT
1. Plaintiff is Tisha Ann Dominick, an adult individual currently residing at 175
Meadowbrook Court, New Cumberland, Cumberland County, Pennsylvania.
2. Defendant is Steven Michael Dominick, an adult individual currently residing
at Capital Pavilion, 2012 North 4th Street, Harrisburg, Dauphin County, Pennsylvania.
3. Plaintiffis a bonafide resident of the Cormnonwealth of Pennsylvania and has
been so for at least six months immediately previous to the filing of this Complaint.
4. Plaintiffand Defendant were married December 30, 1999, in Harrisburg,
Pennsylvania.
5. There have been no other prior actions for divorce or annulment between the
parties.
6. Neither Plaintiffnor Defendant is a member of the United States Armed Forces or
its Allies.
7. Plaintiff has been advised of the availability of counseling and the right to request
that the Court require the parties to participate in counseling. Knowing this, Plaintiff
does not desire that the Court require the parties to participate in counseling.
8. The a' ' ....
p rt~es marriage ~s ~rretnevably broken.
9. Plaintiff desires a divorce based upon the belief that Defendant will, ninety (90)
days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce
pursuant to 23 P. S. Section 3301 (c) of the Domestic Relations Code.
Respectfully submitted,
Margare(J M. Simok
Attorney for the Plaintiff
MidPenn Legal Services
8 lrvine Row
Carlisle, PA 17013
717-243-9400
VERIFICATION
The above named Plaintiff, Tisha Ann Dominick, verifies that the statements
made in the above Complaint in Divorce are true and correct. Plaintiff understands that
false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating
to unsworn falsification to authorities.
Date:
Tisha Ann Dominick
TISHA ANN DOMINICK,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 03-_ ~ql CIVIL TERM
STEVEN MICHAEL DOM1NICK,: DIVORCE
Defendant :
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Tisha Ann Dominick, Plaintiff, to proceed in forma paupens.
I, Margaret M. Simok, attorney for the party proceeding in forma pauperis, certify
that I believe the party is unable to pay costs and that I am providing free legal service to
the party.
Margar0t M. Simok
Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
717 -243 -9400
TISHA ANN DOMINICK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs. : No. 03 - ,~9 ~-6// CIVIL TERM
STEVEN MICHAEL DOMINICK,: CUSTODY Defendant :
CUSTODY STIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION entered into on the day and year
hereinafter set forth, by and between Tisha Ann Dominick, hereafter referred to as "Mother" and
Steven Michael Dominick, hereafter referred to as "Father."
WHEREAS, Mother is an adult individual currently residing at 175 Meadowbrook Court,
New Cumberland, Cumberland County, Pennsylvania, 17070;
WHEREAS, Father an adult individual currently residing at the Capital Pavilion, 2012
North 4t~ Street, Harrisburg, Dauphin County, Pennsylvania, 17102.
WHEREAS, the parties are the natural parents of one minor child, namely Steven
Michael Dominick (born February 10, 1998.)
WHEREAS, the parties wish to enter into an agreement relative to custody of the child.
NOW THEREFORE, in consideration of the mutual covenants, promises, and
agreements as hereinafter set forth, the parties agree as follows:
1. The Mother shall have sole legal custody.
2
Mother shall maintain primary physical custody of the child with periods of
partial physical custody to Father, such that Father shall enjoy periods of partial
physical custody of the child as follows:
i.) Every Saturday and Sunday from 2:00 p.m. through 6:00 p.m.
subject to Mother's right to have the child for at least twelve (12)
weekends throughout the year upon notice to Father, and
ii.) From noon through 4:00 p.m. on the following holidays: New
Year's Day, Easter, Memorial Day, the 4th of July, Labor Day,
Thanksgiving, Christmas Eve, Christmas Day and New Year's
Eve, with Mother having custody for the remainder of the holiday;
iii.) All custodial exchanges shall take place at the home of the child's
paternal grandmother, Mary Ashford, at 1005 Yverdon Drive,
Camp Hill, Pennsylvania, 17011.
3. Both parents shall provide an environment free of alcohol abuse and illegal drug
use during their custodial periods.
4. The parties shall keep each other advised immediately in the event of serious
illness or medical emergency concerning the child, and shall take necessary steps to ensure that
the health and well-being of the child is protected. During illness or medical emergency, both
parties shall have the right to visit the child as often as he or she desires, consistent with proper
medical care of the child.
3
5. The parties shall not do anything that may estrange the child from the other party
or injure the opinion of the child as to the other party, or hamper the free and natural
development of the child's affection for the other party.
6. The parties may make such alternate arrangements regarding the physical custody
of the child so long as they mutually agree. However, if the parties cannot reach a mutual
agreement, the terms of this Stipulation and Order shall control.
7. The parties desire that this Stipulation and Agreement be made an Order of the
Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the
Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of
custody of the parties' minor children who have resided in Cumberland County for more than six
months and shall retain such jurisdiction should circumstances change and either party desires or
requires modification of said Order.
8. The parties acknowledge that they have read and understand the provisions of this
Agreement. Each party acknowledges that the Agreement is fair and equitable, and that it is not
the result of duress or undue influence.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms
hereof set forth their signatures the day and year herein mentioned.
Tisha Ann Dominick, Plaintiff
Date
Date
S ,L
( ])~,I~AI~DIA"~, B~EW,RAKER, NOTARy PUBLIC
~tDat~carlisi~ BoQ, Cumberland County
! My Commission Expires April 4, 2005
4
TISHA ANN DOMINICK,
Plfiintiff
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs. : No. 03 - t~-~'/! CIV]~L TERM
STEVEN MICHAEL DOMINICK,: CUSTODY Defendant :
ORDER OF COURT
AND NOW, this go ' day of ~tn~. 2003, upon presentation and
consideration of the attached Custody Stipulation and Agreement it is hereby ordered and
directed that it be entered as an Order of Court.
BY THECOURT,
TISHA ANN DOMINICK, : 1N THE COURT OF COMMON PLEAS OF
CUMBERLAND
PENNSYLVANIA
Plaintiff : CIOUNIY,
vs. : No. 0~- a2~q [ CIWL'rERM
STEVEN MICHAEL DOMINICK,: DIVORCE Defendant :
ACCEPTANCE AND ACKNOWLEDGMENT OF SERVICE
I, Steven Michael Dominick, Defendant in the above captioned proceeding
accept and acknowledge service of the Notice to Defend and Claim Rights and the
Complaint in Divorce filed in this action by the Plaintiff, Tisha Ann Dominiek. I also
waive any defects in any form or manner of service.
Date
Steven Michael Domi ' {..
Defendant
Mailing Address:
Capital Pavilion
2012 North 4th Street
Harrisburg, PA 17102
Tisha Ann Dominick,
Plaintiff
VS.
Steven Michael Dominick,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 03-2841 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE FOR PERSONAL SERVICE
I, .~F__~ 2..--~.~-~/, do hereby swear that ! have served
~_~-'/-~.) ~lb/. ~g/..T4~-~ with a Divorce Complaint under Section 3301(c) of the Divorce
Code by personally handing him a copy at
(Street ]~umber and Address)
(City) (State) (Zip)
at /~.'~[ 7~-.m. on the ~9 7Fl- day o f "~--Lt-].-C~ ,200~
(Time) (Date) (Month) (Year)
I, .~P}~/~{-~._~ /_ - ~~, verify that the statements made in this
(Name of person who performed service)
Affidavit of Service are tree and correct. I understand that false statetnents herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities.
Tisha Ann Dominick,
Plaintiff
Vs.
Steven Michael Dominick
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
: No. 03-2841 Crypt_ T~KM
: IN DIVORCE
PRAECIPE TO WITHDRAW ACTION
To The Prothonotary:
Kindly withdraw the above-referenced divorce action without prejudice to the plaintiff.
Respectfully Submitted,
Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
PROGRESSIVE NORTHERN
INSURANCE COMPANY,
Plaintiff
VS.
NICHOLAS L. HERST,
BRITT P. MCCARDLE and
CENTRAL LOCATING
SERVICE, LTD.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
03-2899 CIVIL
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
BEFORE HESS AND GUIDO, J.J.._.:.
ORDER
AND NOW, this o*~ day of May, 2004, the court being unable to conclude with
the requisite certainty that Mr. Herst's operation of his employer's vehicle involved a substantial
deviation from the permitted use, the motion of the plaintiff, Progressive Northern Insurance
Company, for summary judgment is DENIED.
James G. Nealon, III, Esquire
For the Plaintiff
BY THE COURT,
. Hess, J.
Robert B. Elion, Esquire
For the Defendant McCardle
Basil A DiSipio, Esquire
For Defendant Central Locating Service
3[. 0
Nicholas Herst, Pro Se
329 Walnut Street
Reedsville, PA 17084
Z~¢!ONOH~Ob'd -:~1 ~0