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HomeMy WebLinkAbout99-02967 tg". TAMMY R. SCHNEIDER, Plaintiff VS. THOMAS B. SCHNEIDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 in 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 important to you, including custody or visitation of your children. When the ground for the 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: Office of the Prothonotary 1 Courthouse Square Cumberland County Court House 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TAMMY R. SCHNEIDER, ) Plaintiff ) VS. ) THOMAS B. SCHNEIDER, ) Defendant j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99. NO. -2 9(,7 CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. TAMMY R. SCHNEIDER, Plaintiff vs. THOMAS B. SCHNEIDER, Defendant 1 IN THE COURT OF COMMON 1 PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 1 CIVIL ACTION - LAW r 1 NO. 99- -94 7 CIVIL TERM 1 1 IN DIVORCE AND NOW comes the above-named Plaintiff, TAMMY R. SCHNEIDER, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is TAMMY R. SCHNEIDER, an adult individual who currently resides at 2021 Mountain Pine Drive in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is THOMAS B. SCHNEIDER, an adult individual whose last residence known to Plaintiff was at 2021 Mountain Pine Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Common- wealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 27 April 1991 in Joliet, Illinois. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BRc'Ai?DC3WN 8. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUrTABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage, COUNT IV - AL MONY PFNDENrv rrG 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14 the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. COUNT VI - EXCLUSIVE POSSpc ION OF THE MARITAL RESIDENCE 18. The parties hereto are the parents of three minor children, Stephen T. Schneider, born 23 October 1992; Michael Ft. Schneider, born 13 July 1995; and Scott A. Schneider, born 3 April 1997. All three children have resided in the physical custody of the Plaintiff since the parties separation in mid January 1999. 19. The separation of the parties was caused by the Defendant's sexual and romantic involvement with another woman and the turmoil which that involvement, and the Defendant's false statements about that involvement, caused within the family. 20. Plaintiff has always been the primary care provider for all three children and Defendant's involvement with them has been on a secondary basis. 21. Plaintiff will not resume cohabitation with Defendant and, if Defendant attempts to move back into the marital residence, Plaintiff will move out of the residence to avoid living with him because of the Defendant's conduct, both past and present, with the other woman. Defendant enjoys a substantial income and is well able to contribute to ., 22. Plaintiff requests that the Court award her exclusive possession of the residence so that she and her children have a safe and secure place to live without interference by Defendant and without the turmoil of the Defendant's unwanted return to the residence. WHEREFORE, Plaintiff prays this Court to award her exclusive possession of the marital residence during the pendency of this action. I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE:____ Y-//- 99 TAMMY R. SCHNEIDER Sa L. An e Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 Ix ?j 1 i c n l O 1 [ ?. v) 7 / V a V D n a 0 N d W ? c Z a " ?l N w a w az??z W x ? ° w a 0 ? a a w F' O 41 ? N 0 w a JUN 0 910990 TAMMY R. SCHNEIDER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-2967 CIVIL TERM THOMAS B. SCHNEIDER, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, upon consideration of the attached Custody Complaint, it is hereby directed that the parties and their respective counsel appear before fn fcho.n \ L-, Pyxi) o?S the conciliator, on the a day of 19`99, O ; GI ? ?. M., at the following location: `l Y - ??l ?r? _. ?l • p -C1 c) a 4h,p)(-P 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. FOR THE COURT, Date of Order:J'aa;'• By: rfil ++ J. ` Yl Custody Conciliator QN 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ?_I U Yf+N ri TAMMY R. SCHNEIDER, Plaintiff V. THOMAS B. SCHNEIDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2967 Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE TO PLEAD To: Tammy R. Schneider c/o Samuel L. Andes, Esquire 525 North 12" Street PO Box 168 Lemoyne, PA 17043 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. NICHOLAS & FOREMAN, P.C. By BRUCE &OREmA , ESQUIRE Attorney ID 421193 4409 North Front Street Harrisburg, PA 17110-1709 (717) 236-9391 Attorneys fir Defendant TAMMY R. SCHNEIDER, Plaintiff V. THOMAS B. SCHNEIDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 99-2967 CIVIL TERM IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW comes the above-named Defendant, Thomas B. Schneider, by his attorney, Brice D. Foreman, Nicholas & Foreman, P.C. and makes the following response and counterclaim to Plaintiff's complaint: 1. Admitted. 2. It is denied that Defendant, Thomas R. Schneider's last known address to Plaintiff is as stated, but to the contrary it is averred his current address, known to Plaintiff, is 1465 Hillcrest Court, Apt. 605, Camp Hill, Cumberland County, Pennsylvania 17055. 3. Admitted. 4. Admitted 5. Admitted 6. Admitted 7. After reasonable investigation, Defendant lacks information necessary to determine the truth or falsity of Paragraph 7 of Plaintiffs Complaint. COUNTI 8. Admitted. WHEREFORE, Defendant joints Plaintiff in requesting this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania. COUNT It 9. Admitted. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III 10-12. To the extent that Paragraphs 10 through 12 are not a legal conclusion and requires response, the same is denied and, if relevant, strict proof thereof is demanded at trial. COUNT IV 13-14. To the extent that Paragraphs 13 through 14 are not a legal conclusion and requires response, the same is denied and, if relevant, strict proof thereof is demanded at trial. COUNT V 15-17. To the extent that Paragraphs 15 through 17 are not a legal conclusion and requires response, the same is denied and, if relevant, strict proof thereof is demanded at trial. COUNT VI 18. The age and identity of the children of the parties is admitted as set forth in Paragraph 18 of Plaintiffs Complaint. The three children have resided both +ith Plaintiff and Defendant since the parties' separation in mid-January 1999 and, most recently have resided in the primary physical custody of Plaintiff with periods of temporary physical custody in Defendant. 19. To the extent that Paragraph 19 of Plaintiffs Complaint is not a legal conclusion and requires response, the same is denied and, if relevant, strict proof thereof is demanded at trial. 20. To the extent that Paragraph 20 of Plaintiffs Complaint is not a legal conclusion and requires response, the same is denied and, if relevant, strict proof thereof is demanded at trial. 21. To the extent that Paragraph 21 of Plaintiffs Complaint is not a legal conclusion and requires response, the same is denied and, if relevant, strict proof thereof is demanded at trial. 22. To the extent that Paragraph 22 of Plaintiff's Complaint is not a legal conclusion and requires response, the same is denied and, if relevant, strict proof thereof is demanded at trial. COUNTERCLAIM CUSTODY AND TEMPORARY CUSTODY 23. The parties hereto are the parents of three minor children, Stephen T. Schneider, bom October 23, 1992, now six years of age; Michael R. Schneider, born July 13, 1995, now almost four year of age; and Scott A. Schneider, born April 3, 1997, now two years of age. 24. Defendant requests joint legal custody and periods of physical custody of the said minor children in Defendant and requests that this Honorable Court ascertain and direct physical custody of the children between the parties. WHEREFORE, Defendant prays this Honorable Court to determine joint legal custody and periods of physical custody of the children. Respectfully submitted, NICHOI,$S & FOIN -iA By Bruce D. F e an, Esquire Pa. Supreme Court ID 421193 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Defendant TAMMY R. SCHNEIDER, IN THE COURT OP COMMON PLEAS Plaintiff CUMBERLAND, PENNSYLVANIA V. NO. 99-2967 CIVIL TERM THOMAS B. SCHNEIDER, IN DIVORCE Defendant VERIFICATION I verify that the statements made in foregoing document are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Jzeev 61W Dated: Thomas B. Schneider TAMMY R. SCHNEIDER, Plaintiff V. THOMAS B. SCHNEIDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 99-2967 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Bruce D. Foreman, Esquire, do hereby certify that on this, the ! dr4ii J served a true and correct copy of Defendant's Answer and Counterclaim on the Plain1999, 1 tifr s attorney, by sending the same via by United States First Class Mail, postage prepaid, as follows: Samuel L. Andes, Esquire 525 North 12th Street P. 0. Box 168 Lemoyne, PA 17043 Respectfully submitted, NI3HA S & F O N By Bruce D. F re man, squire Pa. Supreme Court ID 421193 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Defendant I i { 1 j I i ? >- r o 0 Ob AJ N L1J •?L ? ,j? _ ? ??IIIJ U cv? U UN NOV •• 4 199 TAMMY R. SCHNEIDER, Plaintiff VS. THOMAS B. SCHNEIDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2967 CIVIL TERM CIVIL ACTION - CUSTODY ORDER AND NOW this day of / /"-r - 1999, it being reported to the Conciliator that the parties have reached an agreement which makes further proceedings unnecessary, the undersigned Conciliator hereby relinquishes jurisdiction and returns the matter to the Court Administrator. If either of the parties wishes further proceedings in this action, they should petition the Court anew. FOR THE COURT, MICHAEL L. BANG Custody Conciliator cc: Samuel L. Andes, Esquire Bruce D. Foreman, Esquire Li 7lr r?_" _?;lJ? Ir t?Y ??9!;!Ot?_?• r„ I?