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HomeMy WebLinkAbout99-03746 V 2 4 ¦ ¦ T CV) o- o- * ?7jfE'i 1C1Ct ?-? C'Gl(lE' Plaintiff V. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 3 11 U CIVIL 19 Q q CUSTODY VISITATION And now, this ?? upon consideration of the attached complaint, it is hereby directed that the above parties and their respective counsel appear before 4 Esquire, the conciliator, at 10 of S 11 S q ("n 11) 1) 9 1-70 11 ' Pennsylvania, on then r' day of , 1999, at - /0 ?Q? ./ P.M., for a Pre-hearing Custody Conference. 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 be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: /TLC-iituf Z dG,,L I, Custody Conciliator 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. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 v . . 6dy %9 L°evf - ens lea G?q•99 y? e?? ? ??. BRENDA KEANE, IN THE COURT OF COMMON PLEAS Plaintiff' : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99. 37Vc, Cu,a Ty- JAMES C. KEANE, CIVIL ACTION -LAW Defendant DIVORCE/CUSTODY ORDER OF COURT You, James C. Keane, Defendant in the above-captioned custody action, have been sued in court to obtain custody, partial custody or visitation of the following children: Joseph Keane (DOB 1/16/83) and Angela Keane (DOB 8/16/87). You are ordered to appear in person at , on , at _ _.M., for: a conciliation or mediation conference. a pretrial conference. _ a hearing before the court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation 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 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 BY THE COURT: Date: J. BRENDA KEANE, IN THE COURT OF COMMON PLEAS Plaintiff' CUMBERLAND COUNTY, PENNSYLVANIA l tU rr_ V. No. qI? • 31 If(, JAMES C. KEANE, CIVIL ACTION -LAW Defendant DIVORCE/CUSTODY 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. You must attend the scheduled conference or hearing. BY THE COURT: Date J. BRENDA KEANE, Plaintiff V. JAMES C. KEANE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 9F3'7YL et.?„.C ?1 CIVIL ACTION - LAW 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 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. Ajudgment 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 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 Dauphin County Courthouse, Harrisburg, Pennsylvania. 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 BRENDA KEANE, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA JAMES C. KEANE, CIVIL ACTION -LAW Defendant DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW comes the Plaintiff, Brenda Keane, by and through her attorney, Jeanne B. Wigbels, Esquire, avers the following: 1. The Plaintiff, Brenda Keane, is an adult individual who currently resides at 5396 D Manayunk Road, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. The Defendant, James C. Keane, is an adult individual who currently resides at 5034 Utah Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on June 11, 1982, in Middletown, Dauphin County, Pennsylvania. COUNT 1- DIVORCE 5. Paragraphs one (1) through four (4) are incorporated herein by reference as if set forth specifically below. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. There are two dependent children from this marriage, namely, Joseph Keane (DOB 1/16/83) and Angela Keane (DOB 8/16/87). 10. This action is not collusive. WHEREFORE, the Plaintiff respectfully requests this Honorable Court grant the Plaintiff relief from the bonds of matrimony and order a Decree in Divorce. COUNT 11- CLAIM FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 or the DIVORCE CODE 11. Paragraphs one (1) through ten (10) are incorporated herein by reference as though fully set forth. 12. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant to the extent that a written Settlement Agreement might be entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court and incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. 13. Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court . 14. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of the hearing on this Complaint, Plaintiff respectfully requests that pursuant to the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; D. For such further relief as the Court may determine equitable and just. COUNT 111-CUSTODY 15. Paragraphs one (1) through fourteen (14) are incorporated herein by reference as though fully set forth. 16. The Plaintiff seeks primary of the following children: Name Present Residence Age Joseph Keane 5034 Utah Avenue 16 Camp Hill, PA 17011 (DOB 1/16/83) Angela Keane 5034 Utah Avenue I I Camp Hill, PA 17011 (DOB 8/16/87) The children, Joseph and Angela Keane, are presently spending relatively equal amounts of time between the residences of their each of the their parents. Since 1988, the children have resided with both parents at the marital residence located at 5034 Utah Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. Plaintiff left the marital residence on June 4, 1999 because the tense situation between Defendant and herself was escalating and had the potential to become violent. The natural mother of the children is Plaintiff, currently residing at 5369D Manayunk Road, Harrisburg, Dauphin County, Pennsylvania, 17109. The father of the children is James C. Keane, Defendant, currently residing at 5034 Utah Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. Plaintiff is presently married to Defendant, although they have been separated since June 4, 1999. Plaintiff has filed a divorce complaint simultaneously with this custody action. 17. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the following persons: none. 18. The relationship of the Defendant to the children is that of natural father. To Plaintiff's knowledge, Defendant recently resides with the parties' two children, who are the subjects of this complaint. 19. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 20. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 21. The best interests and pennanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural mother of the children. (b) Plaintiff is the primary caretaker and disciplinarian of the children. (c) The children should be permitted to continue as they had been, with the affection, guidance, care taking, and emotional support which was being lovingly provided by their mother. (d) It is in the best interest of the children for their mother to have primary physical custody subject to liberal visitation/partial custody with their father. 22. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests that he be granted primary physical custody of her children, subject to liberal visitation/partial custody rights of their father. Dated: 6 (-Af RESPECTFULLY SUBMITTED: Jea a B. Wigbels, Esquire W GBELS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 PA Supreme Court ID No. 68735 Telephone: (717) 221-0900 Fax: (717) 221-0904 ATTORNEY FOR PLAINTIFF BRENDA KEANE, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. JAMES C. KEANE, CIVIL ACTION -LAW Defendant DIVORCE VERIFICATION I, Brenda Keane, hereby verify that the statements made in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information, and belief. 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: Signature: BRENDA KEANE X11 >- ,? A, 111' ? I i ? •? 7 w y A ry A ? ? `n Bel v R W N r ?z• ?x 3 uulrrra.+ t I17sr.c71 • ? N00 ,Y. SCro?urSlrrc? rrm'nsbwx, N:I 17101 r71 7r 221-0910 JUN 2 2 BRENDA KEANE, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. y 3 y62 f T?- JAMES C. KEANE, CIVIL ACTION -LAW Defendant DIVORCE ORDER OF COURT AND NOW this 6.0 day of ?tk 1999, upon consideration of Plaintiffs Petition for Exclusive Possession of the Marital Residence, it is hereby ordered that a hearing on the matter is scheduled for the 9 0 `r Cif o tS , o. . I; day of U 1999 in Courtroom m No. of the Cumberland County Courthouse, located at One Courthouse Square, Carlisle, Pennsylvania. i BY THE-CO J PLED-CI=RCE 99 JUI. -7 AM 8: 27 CUNOCRL:?'-+U COUNTY PENNSYLVANIA BRENDA KEANE, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. JAMES C. KEANE, CIVIL ACTION -LAW Defendant DIVORCE ORDER OF COURT AND NOW this day of 1999, upon consideration of Plaintiffs Petition for Exclusive Possession of the Marital Residence, it is hereby ordered that Plaintiff; Brenda Keane, is granted exclusive possession of the marital residence pending a final order, regarding equitable distribution. Defendant, James C. Keane, is hereby prohibited from entering the property located at 5034 Utah Avenue, Camp Hill, Cumberland County, Pennsylvania, until further order of court. Defendant is further ordered to return all keys to the marital residence to Plaintiff. BY THE COURT: J. BRENDA KEANE, Plaintiff V. JAMES C. KEANE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99, 39'16 &c? T CIVIL ACTION - LAW DIVORCE PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND NOW, comes the Plaintiff, Brenda Keane, by and through her attorney, Jeanne B. Wigbels, Esquire, and pursuant to 23 Pa.R.C.P. §3502(c), requests that she be granted exclusive possession of the marital residence for the following reasons, which she avers in support of this petition: 1. PWntiff and Defendant have two children, namely Joseph Keane (DOB 1/16/83) and Angela Keane (DOB 8/16/97). 2. The parties' youngest child, Angela Keane suffers from Leukemia and needs special care, which her mother primarily provides. 3. Plaintiff has been the primary caretaker of both children since birth. 4. The children should remain in the marital residence with their mother who is their primary caretaker. 5. The parties cannot amicably reside together in the marital residence. 6. The Defendant can establish another residence easier than the Plaintiff can as he has a higher income. WHEREFORE, the Plaintiff, Brenda Keane, respectfully requests this Honorable Court to schedule a hearing on the above-captioned matter and to issue an order granting her exclusive possession of the marital residence. Dated: (02 1 f RESPECTFULLY SUBMITTED: 44 Jean B. Wigbels, Esquire 140 North Second Street Harrisburg, Pennsylvania 17102 PA Supreme Court ID No. 68735 Telephone: (717) 221-0900 ATTORNEY FOR PLAINTIFF BRENDA KEANE, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. JAMES C. KEANE, CIVIL ACTION -LAW Defendant DIVORCE VERIFICATION 1, Brenda Keane, hereby verify that the statements made in the foregoing Petition for Exclusive Possession of the Marital Residence are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. c Date: Signature: -7 i? BRENDA KEANE Li <; P u s 4 4 Ad Y a ry W OS v ?g ?3= IMUMI.IM 117: 1(71 ! 100.V S.""Id Svrcr (717) "l-Dino JUN 2 2 1999 IV BRENDA KEANE, JAMES C. KEANE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 3746 CIVIL 1999 CIVIL ACTION - LAW Defendant DIVORCE/CUSTODY PRAECIPE TO DISCONTINUE To the Prothonotary: Please withdraw the above-captioned case. This action was improperly filed in Cumberland County; it will be re-filed in Dauphin County. Dated: -1yr A Distribution: Jeanne B. Wigbels, Esquire For Plaintiff Respectfully, Je a B. igbels, Esquire W GBELS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 Pa. Supreme Court I.D. No. 68735 Telephone: (717) 221-0900 Fax: (717) 221-0904 ATTORNEY FOR PLAINTIFF Carmen Christini Eichman, Esquire For Defendant r - > c 1 ` - 11 - 1 j ; I 'l' 4i_rl _ i ' 1I L1 . CJ O+ 9Q ? a N 4 N (/ ?-1 L 3 ? {? G O ?z ? ?g ?3= 117(iHEMd WhIC11 O.V 140 Ilnrrr.dnug, A-. 17102 (717) 221-0900