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HomeMy WebLinkAbout07-3788LAW OFFICES OF ROBERT S. MIRIN DEBRA R. MEHAFFIE, ESQUIRE Attorney I.D. No. 90951 2515 North Front Street Harrisburg, PA 17110 Telephone No. (717) 909-9900 Fax No.: (717) 561-1616 SUSQUEHANNA(a),comcast.net Attorney for Erin M. Bivens, Plaintiff ERIN M. BIVENS, Plaintiff -vs- BRIAN T. BIVENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEcN?NSSYLVANIA No. 07-310P e 1. ? L !? CIVIL ACTION - LAW 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 be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property rights 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 of Cumberland County, One Courthouse Square, Carlisle, Pennsylvania 17013- 3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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 S. Bedford Street Carlisle, Pennsylvania 17013-3302-32 (717) 249-3166 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE, Si desea defenderse de las querellas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulacion puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra querella o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitor consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Protonotario, en la Cumberland County, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302-32 (717) 249-3166 2 ERIN M. GIVENS, IN THE COURT OF COMMON PLEAS - Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA BRIAN T. BIVENS, No. d 7 3 9 PP CIVIL ACTION - LAW Defendant `- COMPLAINT IN DIVORCE UNDER SECTION 3301 c and d OF THE DIVORCE CODE 1 The Plaintiff is Erin M. Bivens, an adult individual who currently resides at 1613 Maple Street, New Cumberland, Cumberland County, Pennsylvania 17070 and whose social security number is 197-58-0245. 2. The Defendant is Brian Bivens, an adult individual who currently resides at 140 Jo an Drive, York Haven, York County, Pennsylvania and whose social security number is 196-68- 6871. 3. Plaintiff and Defendant were married on April 18, 1998 in Dauphin County, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Neither Plaintiff nor Defendant is a member of the Armed Services of the United States or its allies. 6. Plaintiff and Defendant are both citizens of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waiv right. ed said 9. There is one minor child born during the marriage, namely Zachary M. Bivens born October 7, 1999. 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is 3 irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. COUNT 1- CUSTODY 11. Paragraphs 1 through 10 are incorporated herein and made a part hereof by reference. 12. Plaintiff is the biological Mother and Defendant is the biological Father of the minor child, Zachary M. Bivens, born October 7, 1999. The child was born of the marria e. g 13. Plaintiff seeks primary physical custody with Defendant enjoying partial custody alternating weekends and other times as agreed to by the parties. 14. Presently the child resides with the Plaintiff. During the past five years, the child has resided with the following individuals at the following addresses: Dates and Addresses: 5/2007-present 1613 Maple Street New Cumberland, PA 17070 10/2006-5/2007 1613 Maple Street New Cumberland, PA 17070 8/2006-9/2006 119 Winesap Lane Palmyra, PA 17078 6/2006-8/2006 1613 Maple Street New Cumberland, PA 17070 10/2005- 6/2006 1418 Market Street Camp Hill, PA 17011 5/2002-10/2005 1418 Market Street Camp Hill, PA 17011 Individuals Residing at Address: Mother and Maternal Great Grandmother Mother, Father & Maternal Great Grandmother Mother and Ed King (friend) Mother & Maternal Great Grandmother Mother, Father & Maternal Great Grandmother Mother and Father 4 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 16. Plaintiff has no information of a custody proceeding concerning the child ending in p a court of this Commonwealth or any other state. 17. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 18. The best interest and permanent welfare of the child will be served by granting primary physical custody to Plaintiff with Defendant enjoying partial periods of physical custody alternating weekends and at times agreed to by the parties because Plaintiff has been the primary caregiver of the minor child and she is the most stable parent to care for the child. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant her primary physical custody of the minor child. COUNT II JITABLE DISTRIBUTION OF MARITAL 3104 AND 3502(a) of the DIVORCE CODE 19. Paragraphs 1 through 18 are incorporated herein by reference. 20. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of separation. 21. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. 22. Plaintiff requests the court to equitably distribute the property. RE UEST FOR ALIMIONy PENDE TE LITE AND ALIMONY 3702 AND 3704 OF THE DIVORCE CODE 23. Paragraphs 1 through 22 are incorporated herein by reference. 24. Plaintiff is unable to sustain herself during the course of litigation. 5 25. Plaintiff lacks sufficient property to provide for her reasonable needs. 26• Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to 3104, 3701, 3702 of the Divorce Code. and 3704 CO-=N OF THE DIVORCE CODE 27. Paragraphs 1 through 26 are incorporated herein by reference. 28. Plaintiff has employed Debra R. Mehaffie, Esquire of the Law Offices of Robert S. Merin to represent her in this matter. 29• Plaintiff is unable to pay the necessary counsel fees, costs and expenses to maintain the costs of litigation and Defendant is more than able to pay them. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses, final hearing, Plaintiff requests that, after final hearing, the Court or prior to der Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests: 1 That an Order be entered distributing all of the property, real and personal, as the Court may deem equitable and just, plus costs; 2. That the Court enter an award. of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to 3104, 3701, 3702 and 3704 of the Divorce Code; and That pursuant to 3104 and 3502(a) of the Divorce Code the Court enter an order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. 6 Date: 41016? Respectfully submitted: Harrisburg, PA 17110 (717) 909-9900 I.D. No. 90951 VERIFICATION I, Erin M. Bivens, verify that the statements made in this Divorce Complaint are correct. I understand that false statements herein are made subject tot t and he penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: -07 Erin M. Bivens, Plaintiff 8 N 0 C- Pn 4Q. C= Ul €=Y- '?? t' C':? CO OT --t w ERIN M. BIVENS, Plaintiff -vs- BRIAN T. BIVENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 071 - 210 el"ZE CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I, Brian T. Bivens, do hereby accept service of the complaint in divorce with respect to the above captioned matter. Date rian T. Bivens r-? N t ... . CD ERIN M. BIVENS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN T. BIVENS DEFENDANT 07-3788 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, July 02, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, August 06, 2007 at 1:00 PM 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 also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone (717) 249-3166 4?w? ?v -?P- ?C :l H8 E-- InP I00Z A 1C 3HI 3oiJJ C-03lu AUG 312007 #W ERIN M. BIVENS VS. Plaintiff BRIAN T. BIVENS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-3788 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ii jk day of 2007, upon consideration of the attached Custody Conciliation Repo r, it is ordered and directed as follows: 1. The Father, Brian T. Bivens, and the Mother, Erin M. Bivens, shall have shared legal custody of Zachary M. Bivens, born October 7, 1999. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. During the school year, the Father shall have custody of the Child on alternating weekends from Friday, when the Father shall pick the Child up at school, through Sunday at 7:00 p.m. In addition, beginning Tuesday, September 18, 2007, on the condition that the Father has moved to his new residence in Shiremanstown, the Father shall have custody on the weekday evenings when the Mother has class, from after school, when the Father shall pick up the Child directly at school, through the following morning, when the Father shall transport the Child to school. The parties shall cooperate in making arrangements for the Mother to see the Father's new residence. M B. During the summer school break, the Father shall have custody of the Child on alternating weekends from Friday after work through Sunday at 7:00 p.m. In addition, the Father shall have custody of the Child for four (4) one-week periods to be scheduled nonconsecutively unless otherwise agreed between the parties. The Father shall not schedule his weeks of custody under this provision to interfere with the Mother's weekend periods of custody. The Father shall notify the Mother in writing by May 1 each year of the selected dates for his extended periods of custody under this provision. The Mother shall provide notice to the Father before May 1 of any previously scheduled summer plans involving the Child. When the Father does not have an extended period of custody with the Child between his alternating weekends, the parties shall cooperate in scheduling additional custodial time for the Father to avoid a two-week period of no contact. 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 B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd numbered years, the Mother shall have custody of the Child during segment A and the Father shall have custody of the Child during segment B. In even numbered years, the Father shall have custody of the Child during segment A and the Mother shall have custody of the Child during segment B. B. Thanksgiving: The Thanksgiving holiday shall be divided into segment A, which shall run from after school on the Wednesday before Thanksgiving through Thanksgiving Day at 4:00 p.m., and segment B, which shall run from Thanksgiving Day at 4:00 p.m. through the following Friday at 4:00 p.m. In odd numbered years, the Father shall have custody of the Child during segment A and the Mother shall have custody of the Child during segment B. In even numbered years, the Mother shall have custody of the Child during segment A and the Father shall have custody of the Child during segment B. C. Easter: In odd numbered years, the Mother shall have custody of the Child on Easter Sunday from 8:00 a.m. until 7:00 p.m., and in even numbered years, the Father shall have custody of the Child on Easter Sunday from 8:00 a.m. until 7:00 p.m. D. Memorial DU/Independence DUjabor Day: The period of custody on Memorial Day, Independence Day and Labor Day shall run from 9:00 a.m. until 7:00 p.m. on the holiday. In even numbered years, the Father shall have custody of the Child for Memorial Day and Labor Day and the Mother shall have custody of the Child for Independence Day. In odd numbered years, the Mother shall have custody of the Child for Memorial Day and Labor Day and the Father shall have custody of the Child for Independence Day. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 7:00 p.m. F. Monday School Holidays: The parent who has custody of the Child on the immediately preceding Sunday shall retain custody through any Monday school holidays until 7:00 p.m. If the custodial parent has to work on the holiday, the other parent shall have custody of the Child. G. The holiday custody shall supersede and take precedence over the regular custody schedule. 5. The Father shall provide transportation for all exchanges of custody under this Order, unless otherwise agreed between the parties. 6. The parties agree that they both shall ensure that the Child regularly attends his CCD classes. The Mother shall provide the Father with the Child's class schedule under this provision. 7. The non-custodial parent shall be entitled to have liberal, reasonable telephone contact with the Child. 8. The parties shall ensure that the Child is not left in the care of the Father's stepfather without other adult supervision. 9. Neither party shall use illegal drugs or consume alcohol to the point of intoxication during periods of custody with the Child. The parties shall ensure that third parties having contact with the Child comply with this provision. 10. 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 11. Within six (6) months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference to review the custodial arrangements for weekday overnight periods. 12. 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. I cc: /bra R. Mehaffie, Esquire - Counsel for Mother ,06drew C. Sheely, Esquire - Counsel for Father V LO :8 WV s- d3S LOOZ F ERIN M. BIVENS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. BRIAN T. BIVENS Defendant 07-3788 CIVIL ACTION 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: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Zachary M. Bivens October 7, 1999 Mother 2. A custody conciliation conference was held on August 29, 2007, with the following individuals in attendance: the Mother, Erin M. Bivens, with her counsel, Debra R. Mehaffie, Esquire, and the Father, Brian T. Bivens, with his counsel, Andrew C. Sheely, Esquire 3. The parties agreed to entry of an Order in the form as attached. 7 . -- o- 2d?t-=az&:? Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. f Erin M. Bivens Plaintiff, VERSUS Brian T. Bivens, Defendant. No. 07-3788 DECREE IN DIVORCE 0;(-a ,,qe) ? AND NOW, e3 9 2008 , IT IS ORDERED AND DECREED THAT AND Erin M. Bivens , PLAINTIFF, Brian T. Bivens ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. It is further Ordered that the Marital Settlement Agreement dated December 21, 2007 and attac but shall not merge herewith. ncorporated by reference ATTEST: J 16 /111 " P PROTHONOTARY 2/1 L 4