HomeMy WebLinkAbout99-061930
DALE E. TABOR, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99- ?l43 <<e?-•.-?
SUNHEE TABOR, CIVIL ACTION - DIVORCE
Defendant
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 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, Cumberland County Courthouse, 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.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
(717) 240.6200
DALE E. TABOR,
Plaintiff
V.
SUNHEE TABOR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. %q. 4/93 Cu,.:P
CIVIL ACTION - DIVORCE
COMPLAINT UNDER SECTION 3301(c) OR 3301(4)
OF THE DIVORCE CODE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes the Plaintiff, Dale E. Tabor, by and through his attorney, Gary L.
Kelley, and represents as follows:
DIVORCE UNDER SECTION 3301(c) OR 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is Dale E. Tabor who resides at 142 East Garden Avenue, New
Cumberland, Pennsylvania 17070.
2. Defendant is Sunhee Tabor who resides at 142 East Garden Avenue, New
Cumberland, Pennsylvania 17070.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6)
months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on December 12, 1993 in Dillion, South
Carolina.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The marriage is irretrievably broken.
7. The parties are the parents of one (1) minor child under the age of eighteen
years.
8. 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.
9. Plaintiff requests the Court to enter a decree of divorce.
WHEREFORE, the Plaintiff, Dale E. Tabor, respectfully requests that this Honorable
Court enter a decree in divorce divorcing the parties from the bonds of matrimony.
COUNT 11
CUSTODY
10. The Plaintiff repeats and realleges the averments of paragraphs I through 9 which
are incorporated by reference herein.
11. Plaintiff seeks custody of the following child:
Name Present residence Age
Steven J. Tabor 142 East Garden Avenue DOB 12/24/95
New Cumberland
The child was not born out of wedlock. The child are presently in the custody of Plaintiff.
12, During the past three (3) years, the child has resided with the following persons
and at the following addresses:
Persons Addresses Dales
Plaintiff 142 East Garden Avenue 2/9 to 10/99
Defendant New Cumberland, PA
Plaintiff 37 Nathan Drive 3/98 to 2/99
Defendant Enola, PA
Plaintiff 4305 Wilson Run 12/96 to 3/98
Defendant Dunnlevel, NC
13. The mother of the child is Defendant. She is separated from the father of the
child, Plaintiff.
14. The relationship of Plaintiff to the child is that of father. Plaintiff currently resides
with the following persons:
Name Relationship
Parties as outlined above
15. The relationship of Defendant to the children is that of father. Defendant currently
resides with the following persons:
Name Relationship
Parties as outlined above
16. Plaintiff has not participated as a parry or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court. Plaintiff has no
information of a custody proceeding concerning the child 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 child or who claims to have custody or visitation rights with respect to
the child.
17. The best interest and permanent welfare of the child will be served by granting the
relief requested because:
Plaintiff is a fit parent.
The child does not see Defendant as a source of love and affection.
Placing custody with Plaintiff will provide continuity, stability and certainty to the child's
life.
Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child have been named as parties to this action.
WHEREFORE, Plaintiff requests this Court to grant legal and physical custody of the
child to Plaintiff.
Respectfully submitted,
Gary . elley
ID 46801
132-134 Walnut Street
Harrisburg, PA 17101
(717) 238-1484
ATTORNEY FOR PLAINTIFF
VERIFICATION
verify that the statenwrits made in this Complaint are true and correct. I undcr,t:md that false
statements herein ore made subject to the penalties of 18 Pa.C.S. Section 4904. relating to unswom
falsification to authorities.
Date:
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DALE E. TABOR,
Plaintiff
V.
SUNHEE TABOR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6193 CIVIL TERM
CIVIL ACTION - DIVORCE
ORDER OF COURT
AND NOW, 2000, upon consideration of the attached
Complaint, it is hereby directed that the parties and their respective counsel appear before
Esquire, the Conciliator, at the Fifth Floor Conference Room,
Cumberland County Courthouse, Carlisle, Pennsylvania, on the day of
2000, at k \'t t3 g. 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 entry of a temporary or permanent Order.
FOR THE COURT:
By:ict«t? d\ Q?t N?
Custody ConciliatoE`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.
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY COURT HOUSE
FOURTH FLOOR
CARLISLE, PA 17013
(717) 240.6200
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DALE E. TABOR,
Plaintiff
V.
SUNHEE TABOR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6193 CIVIL TERM
CIVIL ACTION - DIVORCE
MOTION FOR CUSTODY CONCILIATION
AND NOW, comes the Plaintiff, Dale E. Tabor, by and through his attorney, Gary L.
Kelley, and represents as follows:
2. Defendant is Sunhee Tabor who resides at DDSP, Billeting, Bld. 268, J Avenue,
New Cumberland, Pennsylvania 17070.
3. On October 8, 1999, Plaintiff filed a complaint for divorce which included, j=
did, a count for custody.
4. The parties are the parents of one (1) minor child, Steven J. Tabor, DOB 12/24/95.
5. Plaintiff respectfully requests that this Honorable Court schedule a conciliation in
1. Plaintiff is Dale E. Tabor who resides at 142 East Garden Avenue, New
Cumberland, Pennsylvania 17070,
this matter.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court schedule a
custody conciliation in this matter.
Respectfully submitted,,
G L. Kelley
ID 6801
132-134 Walnut Street
Harrisburg, PA 17101
(717) 238-1484
ATTORNEY FOR PLAINTIFF
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DALE E. TABOR,
Plaintiff
Va.
SUNHEE TABOR,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6193 CIVIL TERM
CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this jj' day of 6=14 , 2000, upon
consideration of the attached Custody Conciliation Report, t is ordered
and directed as follows:
1. The Father, Dale E. Tabor, and the Mother, Sunhee Tabor, shall
have shared legal custody of Steven J. Tabor, born December 24, 1995. Each
parent shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the Child's
general well-being including, but not limited to, all decisions regarding
his health, education, and religion.
2. The Father shall have primary physical custody of the Child.
3. The Mother shall have partial physical custody of the Child on
alternating weekends from Friday at 5:00 p.m. through Sunday at 5:00 p.m.,
beginning April 21, 2000. In addition, the Mother shall have custody of
the Child at any other times arranged by agreement of the parties.
4. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into
Segment A, which shall run from Christmas Eve at 12:00 noon
through Christmas Day at 12:00 noon, and Segment Be which
shall run from Christmas Day at 12:00 noon through December
27, at 12:00 noon when the mother has custody during Segment 0
and through December 26 at 12:00 noon when the Father has
custody during Segment B. The Mother shall have custody of
the Child during Segment A in even numbered years and during
Segment B in odd numbered years. The Father shall have
custody of the Child during Segment A in odd numbered years
and during Segment 0 in even numbered years.
B. THANRSOIVIW: The mother shall have custody of the Child on
the Wednesday before Thanksgiving at 5:00 p.m. through
Thanksgiving Day at 5:00 p.m. in odd numbered years and the
I
Father shall have custody of the Child on Thanksgiving in even
numbered Years.
C. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of
the Child every year on Mother's Day and the Father shall have
custody of the Child every year on Father's Day.
D. OTHER HOLIDAYS: The parties shall share or alternate having
custody of the Child on other holidays as arranged by mutual
agreement.
E. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
5. Each party shall be entitled to have custody of the Child for up
to two weeks (consecutive or non-consecutive) during each summer school
vacation upon providing at least thirty days advance notice to the other
party. The party providing notice first shall be entitled to preference in
his or her selection of vacation dates. The Father shall make every effort
to schedule his periods of custody under this provision to avoid
interference with the Mother's regular weekend periods of custody.
6. The party receiving custody of the Child shall be responsible to
provide transportation for the exchange of custody.
7. Neither party shall do or say anything which may estrange the
Child from the other parent, injure the opinion of the Child as to the
other parent, or hamper the free and natural development of the Child's
love and respect for the other parent.
B. The parties shall conduct all exchanges of custody in a civil and
cooperative manner for the best interest of the Child.
9. The parties may modify the provisions of this agreement by mutual
consent. In the absence of mutual consent, the terms of this order shall
control.
10. The Mother may obtain a review of the custody arrangements set
forth in this order within thirty days by filing a Petition with the Court
for an additional Custody Conciliation Conference.
BY THE COURT,
J.
cc: Gary L. Kelley, Esquire - Counsel for Father
Sunhee Tabor, Mother 4?. k a,
DALE E. TABOR,
Plaintiff
Va.
SUNHEE TABOR,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6193 CIVIL TERM
CIVIL ACPICN - LAW
IN CUSTODY
CUSTODY CONCILIATION 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 Child who is the subject
of this litigation is as follows:
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Steven J. Tabor December 24, 1995 Father
2. A Conciliation Conference was held on April 12, 2000, with the
following individuals in attendance: The Father, Dale E. Tabor, with his
counsel, Gary L. Kelley, Esquire. The Mother did not attend the
Conference.
3. The Father's counsel indicated that proper notice of the
Conference was provided to the Mother and the Father indicated that he
discussed the Conference with the Mother as well. The Father indicated
that the Mother voluntarily transferred custody of the Child to him on
February 29, 2000 and that the Child has resided with him since that date.
As the parties are not able to communicate well at this time, the Father
filed this Petition for confirmation of primary physical custody and a
schedule for partial physical custody.
4. Based upon the representations of the Father at the Conference,
the Conciliator recommends an order in the form as attached.
M73Ztl / j ppp 4'a
- l
Dat + Dawn S. Sunday, Esquire
Custody Conciliator
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