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JUSTIN R. WELCH,
Plaintiff'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v : NO. 99- (QC)a5 CIVIL TERM
KHAYIA M. WELCH, CIVIL ACTION- LAW
Defendant IN DIVORCE
NOTICE TO DEFEND Ai'D ('I AIM RIGYou 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. 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 divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the
Prothonotary's office at the Cumberland County Courthouse, Carlisle, 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, Pennsylvania 17013
(717) 249-3166
JUSTIN R. WELCI1,
Plaintiff
V.
KHAYIA M. WELCH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- UOQ5 CIVILTFRM
CIVIL ACTION - LAW
IN DIVORCE
The Plaintiff, Justin R. Welch, through his attorney, Thomas S. Diehl, makes the
following Complaint in Divorce, and, in support thereof, avers as follows:
1. The Plaintiff, Justin R. Welch, is an adult individual who currently resides at 61
Gasoline Alley, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant, Khayia M. Welch, is an adult individual who currently resides at
129 East Maple Street, Palmyra, Dauphin County, Pennsylvania 17078.
3. The Defendant and the Plaintiff have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this
Complaint.
4. Paragraphs one through three are incorporated herein by reference.
5. The Plaintiff and the Defendant were married on June 18, 1994 in Cumberland
County, Pennsylvania.
6. There have been no prior actions of divorce or for annulment between the parties.
7. The marriage is irretrievably broken.
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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 minor children to the marriage, Madison K. Welch, age 4, and
Colton R. Welch, age 19 months.
WHEREFORE, the Plaintiff, Justin R. Welch, respectfully requests this Honorable Court
to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code.
Respectfully
Date: ?- - iD
T-Nomas S. Diehl
Attorney for the Plaintiff
401 East Louther Street, Suite 103
Carlisle, Pennsylvania 17013
(717) 240-0833
(717) 249-2407 - FAX
vi
JUSTIN R. WELCH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-
KHAYIA M. WELCH, : CIVIL ACTION- LAW
Defendant IN DIVORCE
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
unswom falsification to authorities.
STIN R. WELCH, Plaintiff
JUSTIN R. WELCII, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
?. NO. 99-6025 CIVILTERM
KIIAYIA M. WE.LCI1, CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVI"1' nF SERVI['h.
AND NOW, this 19°i day of October, 1999, comes Thomas S. Diehl, Esquire, Attorney
for the Plaintiff, Justin R. Welch, and states that he personally mailed a certified copy of a
Complaint in Divorce to the Defendant, Khayia M. Welch, at 129 East Maple Street, Palmyra,
Pennsylvania by certified, restricted delivery, return-receipt requested. A copy of said receipt is
attached hereto indicating service was made on October 6, 1999,
Respectfully subm' -
d,--Thomas S. Diehl
Attorney for the Plaintiff
401 Bast Louther Street, Suite 103
Carlisle. Pennsylvania 17013
(717)340-0833
(717)249-2407- FAX
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* . jay}, e . W'cI? I : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
;PENNSYLVANIA
V.
CIVIL ACTION LAW
bit ?cN
Defendant : NO. ?'(p/ CIVIL
CUSTODY VISITATION
ORDER OF COURT
And now, this d z 00 upon consideration of the attached complaint, it is hereby directed
that the above partie and their respective counsel appear before ?pl?N S. S n(gL BSI? • ,
S a„ ` A- 4
Esquire, the conciliator, at k l Pon A,'
Pennsylvania, on the " _ day of t•t , 2000, at 'CL3)_ (A.M./P.M.,
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 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:
l 4e") !L -/'? S 5 -
By:
Custody Conciliator
?J
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
7 C?
JUSTIN R. WELCH, IN THE COURT OF COMMON PLEAS
Plaintiff-Respondent CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99-6025
KHAYIA M. WELCH, CIVIL ACTION - LAW
Defendant-Petitioner IN CUSTODY
ORDER OF COURT
AND NOW, this day of April, 2000, upon due review of the
within Petition, IT IS HEREBY ORDERED AND DECREED that the within case
be referred to a Custody Conciliator.
BY ORDER OF COURT:
J.
JUSTIN R. WELCH, IN THE COURT OF COMMON PLEAS
Plaintiff-Respondent CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-6025
KHAYIA M. WELCH, CIVIL ACTION - LAW
Defendant-Petitioner IN CUSTODY
PETITION TO HAVE CUSTODY CONCILIATOR APPOINTED
AND NOW, comes Petitioner KHAYIA M. WELCH, by and through her
attorney Herschel Lock, Esquire, and files her Petition as follows:
1. Petitioner Khayia M. Welch is the Defendant in the above
referenced custody action.
2. Respondent Justin R. Welch is the Plaintiff in the above
referenced custody action.
3. The parties hereto are husband and wife, although they are
now separated from one another, and have had born unto them during
this marriage two minor children.
4. Respondent filed a custody action heretofore to the above
term and number for which no Custody Conciliation Conference has yet
been held.
5. Despite the efforts of the parties hereto to enter into a
Stipulated Custody Order in this matter, they have not been able to
do so.
6. Resultingly, Petitioner avers that it is necessary to have
a Custody Conciliator appointed to hear their case and a Custody
Conciliation Conference scheduled.
- 1 -
WHEREFORE, Petitioner prays your Honorable Court to enter
an Order directing that the aforementioned custody case be referred
to a Custody Conciliator.
DATED: Ia00
Respectfully Submitted:
HERSCHEL LOCK, ESQUIRE
3107 North Front Street
Harrisburg, PA 17110
(717) 238-6661
Attorney for Defendant
Khayia M. Welch
- 2 -
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RECEIVED APR 2 6 2000
` S"ti a IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
CIVIL ACTION LAW
"' Yhay iP M GJc?cl^ ,
Defendant : NO. yq-W CIVIL
CUSTODY VISITATION
ORDER OF COURT
And now, this 4 z cJ , upon consideration of the attached complaint, it is hereby directed
that the above partie and their respective counsel appear before 7ANN S. S ??(Q„? ?So
Esquire, the conciliator, at Al MA 4.u f a , 'e S ,, U
Pennsylvania, on the fah day of ?-? 2- 2000, at n-'2') A. ./ P.M.,
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 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;
Custody Conciliator /t \
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, and 'id '- I hire unto sC my hand
scs of s: 'id t
1-800-990-9108 This ... a Carlisle, Pa.
?7:>........ day of...? L7
JUSTIN R. WELCH, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-6025
KHAYIA M. WELCH, CIVIL ACTION - LAW
Defendant IN CUSTODY
CUSTODY COMPLAINT
AND NOW, comes Petitioner, Defendant KHAYIA M. WELCH, by and
through her attorney Herschel Lock, Esquire, and files her Custody
Complaint as follows:
1. Petitioner, Defendant Khayia M. Welch, is an adult
individual, residing at 500 E. Cherry Street, Lebanon, Lebanon
County, Pennsylvania.
2. Respondent, Plaintiff Justin R. Welch, is an adult
individual, residing at 61 Gasoline Alley, Carlisle, Cumberland
County, Pennsylvania.
3. Petitioner seeks custody of the following minor children:
NAME PRESENT ADDRESS AGE
Madison R. Welch 500 E. Cherry St. 4
Lebanon, PA
Colton R. Welch 500 E. Cherry St. 1
Lebanon, PA
The children were not born out of wedlock.
The children are presently in the custody of Petitioner
who resides at 500 E. Cherry Street, Lebanon, Lebanon County,
Pennsylvania.
1.
- 1 -
During the past five years, the children have resided with
the following persons at the following addresses:
PERSON ADDRESS DATE
Khayia M. Welch 61 Gasoline Alley Birth -
Justin R. Welch Carlisle, PA 8/99
Khayia M. Welch 129 E. Maple St. 8/99 -
Lebanon, PA 10/99
Khayia M. Welch 500 E. Cherry St. 10/99 -
Lebanon, PA Present
The mother of the children, Petitioner Khayia M. Welch,
is currently residing with Thomas J. Infante at 500 E. Cherry
Street, Lebanon, Lebanon County, Pennsylvania. She is single.
The father of the children, Respondent Justin R. Welch,
is currently residing with his girlfriend, Julie, at 61 Gasoline
Alley, Carlisle, Cumberland County, Pennsylvania. He is single.
4. The relationship of Petitioner to the children is that
of mother.
5. The relationship of Respondent to the children is that
of father.
6. Petitioner has participated as a party and witness in
other litigation concerning the custody of the children, this to the
above term and number and producing a Custody Order (see Exhibit "A"
attached hereto).
Petitioner has no information of any other custody
proceeding concerning the children pending in a court of this
Commonwealth.
Petitioner does not know of a person not a party to the
- 2 -
proceedings who has physical custody of the children or claims to
have custody or visitation rights with respect to the said children.
7. The best interests and permanent welfare of the said
children will be served by granting the relief requested because it
will allow the subject minor children to be in a more stable
environment, one with more typical values needed to teach the
subject children how to act and behave.
8. Each parent whose parental rights to the children have
not been terminated and the persons who have physical custody of the
children have been named as parties to this action.
WHEREFORE, Petitioner requests the Court to grant them
custody of the children the subject hereof.
?Resype? IIctful/ly Submitted:
DATED: 5/11/00 ? V(/? _ / 1(
HERCCHELLLOCK, ESQUIRE
3107 North Front Street
Harrisburg, PA 17110
(717) 238-6661
Attorney for Defendant
Khayia M. Welch
- 3 -
VERIFICATION
I verify that the statements made in the foregoing Complaint
are true and correct. I understand that false statements made herein
are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
DATED: 5/11/00 //11
HA'YIA M. WELCH
V
?,c - Hl
JUSTIN R. WELCH, IN THE. COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -CUSTODY
NO. 99-6025 CIVIL TERM
KHAYIA M. WELCH,
Defendant IN CUSTODY
AFFIDAVIT OF CONSENT
1,19991. A complaint in divorce under §3301(c) of the Divorce Code was filed on October
.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a Final Decree of Divorce after service of notice of
intention to request entry of the Decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unswom
falsification to authorities.
Date:
JU fN R. WELCH, Plaintiff
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE
DECREE UNDER &3301(c) OF THE DIVORCE CODE
1. 1 consent to the entry of a Final Decree in 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the
Court and 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 this affidavit are true and correct. 1 understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unswom
falsification to authorities.
Date: 2 t - ?oC'o _ ft1 t?? C??
,I IN R. WELCH, Plaintiff
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JUSTIN R. WELCH,
Plaintiff/Respondent
VS.
: IN THE COURT OF OOMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6025 CIVIL TERM
KHAYIA M. WELCH, : CIVIL ACTION - LAW
Defendant/Petitioner : IN CUSTODY
ORDFli OF COURT
AND NOW, this cP? day of , 2000,
upon consideratioon of the attached Custody Conc- iation Report, it is
ordered and directed as follows:
1. The Father, Justin R. Welch, and the Mother, Khayia M. Welch,
shall have shared legal custody of Madison Welch, born August 22, 1995, and
Colton Welch, born February 21, 1998. Each parent shall have an equal
right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Children's general well-being
including, but not limited to all decisions regarding their health,
education and religion.
2. The Mother shall have primary physical custody of the Children.
3. The Father shall have partial physical custody of the Children on
alternating weekends from Friday at 6:00 p.m., through Sunday at 7:00 p.m.
and at any additional times arranged by agreement of the parties. In the
event the Father is scheduled for National Guard duty on his regularly
scheduled weekend period of custody, the parties shall cooperate in
rescheduling the Father's period of custody to the following weekend.
4. The parties shall share or alternate having custody of the
Children on holidays as follows:
A. CHRISTMAS: In even numbered years, the Mother shall have
custody of the children from Christmas Eve at 5:00 p.m.
through December 26 at 12:00 noon. In odd numbered years, the
Mother shall have custody of the Children from Christmas Eve
at 5:00 p.m. through Christmas Day at noon and the Father
shall have custody from Christmas Day at noon through December
26 at noon.
THANKSGIVING: The Thanksgiving holiday shall run from 8:00
a.m. on Thanksgiving Day through 8:00 a.m. on the Friday after
Thanksgiving. The Father shall have custody of the Children
over Thanksgiving in even numbered years and the Mother shall
have custody in odd numbered years.
C. EASTER: In odd numbered years, the Father shall have custody
of the children from 8:00 a.m. until 7:00 p.m. on Easter
Sunday and in even numbered years, the Mother shall have
custody of the Children from 8:00 a.m. until 7:00 p.m. on
Easter Sunday.
D. MEMCRM DAY/JULY 4th/LAffixt DAY: In even numbered years, the
Father shall have custody of the Children on Memorial Day and
Labor Day and the Mother shall have custody on July 4th. In
odd numbered years, the Mother shall have custoo), of the
Children on Memorial Day and Labor Day and the Father shall
have custody on July 4th. The periods of custody on Memorial
Day and Labor Day shall run from 8:00 a.m. until 7:00 p.m. and
the period of custody on July 4th shall run from 8:00 a.m.
until after the fireworks.
E. MO'THER'S DAY/FATHER'S DAY: The Mother shall have custody of
the Children every year on Mother's Day from 8:00 a.m. until
7:00 p.m. and the Father shall have custody of the Children
every year on Father's Day from 8:00 a.m. until 7:00 p.m.
F. CHILDREN'S BIRTHDAYS: The non-custodial parent shall be
entitled to have a period of custody with each Child on the
Child's birthday for a 3 hour period. However, this period of
custody shall not be scheduled to exceed more than one-half of
the Child's non-school time on the birthday.
G. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
H. In the event the Father's period of holiday custody runs
immediately preceding or following his regular period of
custody, the holiday/regular period of custody shall run
continuously without interruption.
5. The parties shall cooperate in discussing and attempting to reach
an agreement for extended periods of summer custody for the Father
beginning in 2001. In the event the parties are unable to establish summer
custody arrangements by agreement, counsel for either party may contact the
Conciliator to schedule an additional Custody Conciliation Conference prior
to the summer 2001.
6. The Father shall provide care for the Children during his periods
of custody. In the event the Father is unavailable to provide care for the
children during his period of custody, the Father shall first contact the
Mother to offer her the opportunity to provide care for the Children before
making arrangements with third party caregivers.
7. Unless otherwise agreed between the parties, all exchanges of
custody shall take place at the Festival Food Store located at Route 322
and Mushroom Hill Road in Swatara Township. Each party shall ensure that
his or her girlfriend or boyfriend is not present for the exchanges of
custody. The parties shall conduct all exchanges of custody in a
cooperative and civil manner out of concern for the best interests of the
Children. The parties agree that the exchange tines shall be strictly
observed and enforced.
8. Neither party shall do or say anything which may estrange the
Children from the other parent, injure the opinion of the Children as to
the other parent, or hamper the free and natural development of the
Children's love and respect for the other parent. Both parties shall take
all reasonable steps to ensure that third parties having contact with the
Children comply with this provision.
9. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the terms
of this Order shall control.
BY THE COURT,
/q J.
cc: Thomas S. Diehl, Esquire - Counsel for Father
Herschel Lock, Esquire - Counsel for mother
JUSTIN R. WELCH,
Plaintiff/Respondent
VS.
KHAYIA M. WELCH,
Defendant/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6025 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY OCNCILIATICN SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
DAZE OF BIRTH CURRERMY IN CUSTODY OF
Madison Welch August 22, 1995 Mother
Colton R. Welch February 21, 1998 Mother
2. A Conciliation Conference was held on July 20, 2000, with the
following individuals in attendance: The Father, Justin R. Welch, with his
counsel, Thomas S. Diehl, Esquire, and the Mother, Ehayia M. Welch, with
her counsel, Herschel Lock, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Dawn S. Sunday, Esquire
Custody Conciliator