HomeMy WebLinkAbout07-4419BRIDGETT MARIE HOUSE, IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs. NO. n ~- yti ~ 9 CIVIL TERM
ROBERT WADE HOUSE, :CIVIL ACTION -LAW
DEFENDANT :ACTION FOR DIVORCE /CUSTODY
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. 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 yow
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 the Cumberland County Courthouse, One Courthouse Square, Cazlisle, PA 17013-3387.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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
32 South Bedford Street
Carlisle PA 17013
(717) 249-3166
1-800-990-9108
BRIDGETT MARIE HOUSE,
PLAINTIFF
vs.
ROBERT WADE HOUSE,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
. NO. ~7~ ~yiy
CIVIL TERM
CIVIL ACTION -LAW
ACTION FOR DIVORCE /CUSTODY
COMPLAINT FOR NO-FAULT DIVORCE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, BRIDGETT MARIE HOUSE, by and through her
counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes
the following consolidated complaint in divorce for divorce and custody.
1. Plaintiff is BRIDGETT MARIE HOUSE, an adult individual, who resides at.
7436 Sunset Road, Newburg, Cumberland County, Pennsylvania, 17240. The Plaintiff has
recently moved to this residence upon leaving the marital residence.
2. Defendant is ROBERT WADE HOUSE, an adult individual, who resides at 243
Allen Road, Cazlisle, Cumberland County, Pennsylvania, 17013.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were lawfully married on August 14, 1999.
5. There have been no prior actions of divorce or for annulment between the parties
except this Complaint filed for divorce.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of counseling and of the right to
request that the court require the parties to participate in counseling. Plaintiff has chosen not to
engage in, or to request any counseling.
8. Neither Plaintiff nor Defendant has ever been a member of the United States
Military Services.
9. Plaintiff and Defendant have one (1) child from their marriage, ALEXANDRA
SUZANNE HOUSE, born on Mazch 20, 2003.
COUNT I -REQUEST FOR NO-FAULT DIVORCE
UNDER SECTION 3341(c) OF THE DIVORCE CODE
10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference
thereto.
11. After ninety (90) days have elapsed from the date of filing of this Complaint,
Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may
also file such an affidavit.
WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90)
days have elapsed from the date of filing of this Complaint, Plaintiff, BRIDGETT MARIE
HOUSE, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c)
of the Divorce Code.
COUNT II - REOUEST FOR EQUITABLE DISTRIBUTION OF
MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference
thereto.
13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital
property between the parties without regard to marital misconduct in such proportion as the Court
deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff, BRIDGETT MARIE HOUSE, respectfully requests the
Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a)
of the Divorce Code.
COUNT III - REQUEST FOR CONFIRMATION OF CUSTODY
UNDER SECTIONS 3104(a)(2) and 3323(b) OF THE DIVORCE CODE
14. Paragraphs 1 through 13 of this Complaint aze incorporated herein by reference
thereto.
15. The parties are the parents of the following minor children who reside with the
Defendant at this time:
NAME AGE SEX DATE OF BIRTH
ALEXANDRA SUZANNE HOUSE 4 years Female Mazch 20, 2003
16. Since birth the child has resided with the parties and at the addresses herein
indicated:
WITH WHOM
ADDRESS
FROM / TO
Plaintiff and Defendant
Plaintiff
243 Allen Road
Carlisle, PA
7436 Sunset Road
Newburg, PA
Birth to July 17, 2007
July 17, 2007 to Present
17. Plaintiff has not participated in any other litigation concerning the child in this or
any other state.
18. There are no other proceedings pending involving custody of the child in this or
any other state.
19. Plaintiff knows of no person not a party to these proceedings who has physical
custody of the child or who claims to have custody, partial custody or visitation rights with
respect to the child.
20. The best interests of the child will be served if Plaintiff and Defendant have
Shared Legal Custody and Plaintiff has Primary Physical Custody with Defendant having Partial
Physical Custody of their child.
WHEREFORE, Plaintiff, BRIDGETT MARIE HOUSE, requests this Honorable
Court grant Plaintiff, BRIDGETT MARIE HOUSE, and Defendant, ROBERT WADE
HOUSE, Shared Legal Custody of the minor child, ALEXANDRA SUZANNE HOUSE with
Primary Physical Custody to the Plaintiff, BRIDGETT MARIE HOUSE and Partial Physical
Custody of the minor child, ALEXANDRA SUZ,ANNE HOUSE to the Defendant, ROBERT
WADE HOUSE.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: July ~0 2007 ~~
usan Kay C o, Esquire
Counsel for P inti
PA LD. #6499
4010 Glenf~nnan Place
Mechanicsburg PA 17055
(717)724-2278
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document aze true
and correct to the best of her knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
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DATED: ~~ 2~ - D7
DGE MARIE HOUSE
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BRIDGETT MARIE HOUSE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROBERT WADE HOUSE
DF,FF,N RANT
• 07-4419 CIVIL ACTION LAW
1N CUSTODY
ORDER OF COURT
AND NOW, Monday, August 06, 2007 ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September O5, 2007 at 9:30 AM
for aPre-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/ Hubert X. Gilroy, Est'. /yl
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
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BRIDGETT MARIE HOUSE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
07-4419 CIVIL ACTION .LAW
ROBERT WADE HOUSE
IN CUSTODY
DF...FF..,NDANT
ORDER OF COURT
AND NOW, Monday, August 06, 2007 ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 05, 2007 at 9:30 AM
for aPre-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 ale 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/ Hubert X. Gilroy, Esq. /ul~l,
.----
Custody Conciliator
The Court of Common Pieas 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, Ci0 TO OR TELEPHONE THE OFFICE SET
FORTH BELUW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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BRIDGETT MARIE HOUSE,
PLAINTIFF
vs.
ROBERT WADE HOUSE,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
N0.07-4419 CIVIL TERM
CIVIL ACTION -LAW
ACTION FOR DIVORCE /CUSTODY
ACCEPTANCE OF SERVICE
TO THE PROTHONOTARY:
I hereby accept service of the Complaint for No-Fault Divorce Under Section 3301(c) of
the Divorce Code, in the above matter.
Respectfully submitted,
Dated: ~ , 2007
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SEP ]02007
BRIDGETT MARIE HOUSE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION -LAW
ROBERT WADE HOUSE, N0.2007-4419
Defendant IN CUSTODY
COURT ORDER
NOW, this __- G__ day of September, 2007, upon consideration of the attached
Stipulation for an agreed Custody Order which the parties prese0ted to the Custody
Conciliator at the Conciliation Conference, it is Ordered. that the Stipulation is incorporated
fully as an Order of Court and custody shall be handled in this case pursuant to .the
Stipulation.
In the event either party desires to modify this Order, that party may petition the Court to
have the case again scheduled with the Custody Conciliator for a Conference.
BY THE
Judge
cc: ~omas D. Gould, Esquire
~nsan xay Candiello, Esquire
F:u~a,ascr~.e.~is:~ c~.aa, c~m~m~x~-ssvssn.ao..e ~ xoa.e on
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BRIDGETT MARIE HOUSE,
PLAINTIFF
va.
ROBERT WADE HOUSE,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVAI~TIA :
N0.07-4419 CIVIL TERM
CIVIL ACTION -LAW
ACTION FOR CUSTODY
STIPULATION F(~R AOREED ORDER OF GUSTO Y
The Plainiff (hereinafter sometimes referred to as "Mother") is BRIDGETT MARIE
HOUSE, who currently resides at 743b Sunset Road, Newburg, Cumberland County,
Pennsylvania, 17240.
The Defendant (hereinafter sometimes refenr~ to as "Father") is ROBERT WADE
HOUSE, who currently resides at 243 Allen Road, Carlisle, Cumberland County, Pennsylvania,
17013.
ALEXANDRA SUZANNE HOUSE (hereinafter sometimes referred to as "Alexandra"),
born on March 20, 2003, is the subject of this Stipulation for Agreed-Order of Custody and is the
natural child of the Plaintiff and Defendant.
It is Plaintiff and Defendant's belief that it is in the best interests of their minor child to
have a meaningful ongoing relationship with both- her natural Mother and nattu~d Father,
provided the child is in a safe environment.
WHEREFORE, Plaintiff, BRIDGETT MARIE HOUSE, and Defendant, ROBERT
WADE HOUSE, have entered into a mutual ~ regarding xhe custody ~f .their child and
respectfully request this Honorable Court to enter the following Order:
l .Plaintiff and Defendant shall share Le~1 custody (as defined in 23 PaC.S.A. Section
5302) of their minor child, ALEXANDRA SUZANNE HOUSE.
2. All decisions affecting their daughters' growth and development including, but not
limited to: choice of camp, if any; choice of day care provider, -medical ~ dental treatment;
psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential
litigation involving their daughter, directly or as beneficiary, other than custody litigation;
education, both secular .and religious; scholastic athletic _pursuits _and other e~ctracurricular
activities shall be considered major decisions and shall be made by Father and Mother, jointly,
after discussion and consultation with each other and with a view towards obtaining and
following a harmonious policy in their daughters' best interest.
3. Mother and Father agree to keep the other informed of the progress of their
daughters' education and social adjustments. Mother and Father agree not to impair the other's
right to shared legal or physical custody of their daughter. Mother end Ea#her agree to give
support to the other in the role as parent and to take into account the consensus of the other for
the physical and emotional well-being of their daughter.
4. While in the .presence of their daughter, neither .Mother eor Father shall make or
permit any other person to make, any remarks or do anything which could in any way be
conshued as derogatory or uncomplimentary to the other parent. It sha11 be the express duty of
each parent to uphold the other parent as one whom .their daughtershould -respect-and love.
S. It shall be the obligation of each parent to make their daughter available to the other
in accordance with the physical custody schedule and to encourage their daughter to participate
in the plan hereby agreed and ordered.
6. Each parent shall have the duty to notify the other of any event-or activity that could
reasonably be expected to be of significant concern to the other parent.
7. With regard to any emergency decisions which must be maw, the parent with whom
their daughter is physically residing at the tune shall be permitted 20 .make the decision
necessitated by the emergency without consulting the other parent in advance. However, that
parent shall inform the other of the emergency and consult with him or her as soon as possible.
Day-today decisions of a routine nature shall be the responsibility of the }aarent having physical
custody at the time.
8. Mother and Father shall be entitled to complete and full information from any doctor,
dentist, teacher or authority and have copies of -any .reports given to them as a parent. Such
documents include, but are not limited to, medical reports, academic and school report cards,
birth certificates, etc. Both parents may and are encouraged to attend school conferences and
activities. Both parents' names shall be listed with the school their daughter attends as parents to
be contacted in the event of an emergency, and to be notified regarding school events. Each
party shall provide the other, promptly after receipt, with copies of report cards and notification
of major school events
9. Neither Mother nor Father shall schedule activities or appointments for their daughter
which would require their attendance or participation at said activity or appointment during a
time when their daughter is scheduled to be in the -physical -custody of the other parent without
that parent's express prior approval.
10. Plaintiff and Defendant shall Share Physical Custody of their minor children,
Alexandra Suzanne House, according to the following schedule:
A. Father .and Mother shall share their daughter on a wEak to week basis.
The week shall begin Tuesday when the parent whose week is beginning shall get
their daughter from day care at the end of their work day. In Father's week
Mother shall keep her daughter Sunday night after Church thmugh Moaday when
Father shall get his daughter at the end of his work day;
B. Father and Mother may each request one to two (1-2) consecutive
weeks of vacation with their daughter. Father .and Mother shall make their
vacation requests to each other in writing prior to the time they are requesting
their vacation. Should the parties each request the same time for their vacations,
the party who made the first request shall receive-that time requested;
C. The parties shall alternate the following holidays. Father shall have
the even numbered holidays and Mother the odd numbered holidays in the even
numbered years. To alternate annually thereafter:
1) New Year's Eve and Day, (this holiday shall be determined by the
year in which the New Year's Eve occurs};
2) Easter;
3) Memorial Day;
4) Labor Day;
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~ Thanksgiving Day,
7) Alexandra's Birthday.
E. Christmas. Mother and Father shall a Christmas with Mother
getting Schedule A in the even numbered years and schedule B in the odd
numbered years. Father shall have Schedule A in the odd numbered years and
schedule B in the even numbered years, to alternate annually thereafter.
A. To begin Christmas Day at 2:00 p.m. through
T~cember 26 at 9:00 p.m.
B. To begin Christmas Eve Day at 9:00 a.m. through
Christmas Day at 2:00 p.m.
F. Father shall have his daughter on Father's Day and Mother shall have
her daughter on Mother's Day;
G. During all holidays and other special .times of custody, visitation shall
extend from 5:00 p.m. the evening before the special custody period through the
morning after the last day of the special .custody period or antic such times as
Mother and Father can agree upon;
H. Mother's family resides outside Pennsylvania. Mother may request
extended time, such as a long weekend or additional time during a holiday with
her daughter for visitation with her family, provided it does not interfere with the
daughter's school, extracurricular activities and Father agrees.
I. The parties are encouraged to discuss-and cooper~e with each other
when sharing and making requests for changes in periods of visitation. All
permanent changes in periods of custody from those contained in this custody
agreement shall be made in writing and signed by both parties;
J. All holidays, vacations, and specially designated times for visitation
with their daughters shall supersede the regularly scheduled visitation.
11. Mother and Father agree to contact each other in a timely manner to give each other
"Right of First Refusal" for any time when they will not be with xheir daughter for more than
tiuee (3) hours. Such times shall include, but not be limited to, days their daughter is ill and
unable to attend school, any days their daughter is not scheduled to be in school, snow days, any
time a parent is scheduled to be out of town, any -time a parent will be atte~ing -another event
and/or activity, etc.
12. Mother and Father agree to share transportation equally, with the party beginning
their period ofvisitation-being responsible to get their daughter.
13. Mother and Father agree to be responsible for any ordinary everyday expenses which
occur during their individual custody periods with their daughter.
14. The gent with the best -and -most -affordable medical, dental-and vision insta~ance
shall provide insurance for their daughter. At this time Father sha11 provide medical, dental and
vision insurance for the child. Mother and Father agree to equally (50/50) be responsible for
their child's uncovered medical, psychological, dental, orthodontia-and vision expenses.
15. The parties have agreed the individual who would realize the greatest ber~fit from
using their daughter's income tax exemption shall have that exemption. Each year prior to the
deadline for filing income tax returns, each part3r shall havE their .income #~ ~ prepared
two (2) different ways: one income tare return with their daughter as an income tax exemption
and one income tax return without their daughter as an income tax exemption. The party who
would realize the greatest financial benefit from using their daughter as an income tax exemption
shall have the right to take that exemption. The other party shall cooperate in .signing the 1RS
Form No. 8332 (or whatever appropriate form the IRS requires at that time) in a timely manner
as requested by the party taking the daughter as an income tax exemption. Based upon the
differences in the financial gain the pasty using the daughter as an income tax exemption realizes
and financial loss the party giving up the income tax exemption experiences, the parties shall
discuss and reach an amount of financial reimbursement from the party using the daughter as an
income tax exemption to the party giving up xhe right io use the daughter as an income tax
exemption. This sum of money shall be paid from the party with the exemption to the party
without the exemption within thirty (30) days of the party receiving their income tax return.
16. The parent with physical custody of their daughter agrees xo keep the other parent
fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which
their daughter have become involved.
17. Mother and Father shall be free io mutually .agree to after andler~hange ~ terms of
this agreement. If the alteration and/or agreement is permanent and/or a change which will occur
on numerous occasions, the parties agree the alteration and/or change shall be in writing and
sigaed by both parents.
DATED: _~~~! ~ ' r 2007
DATED: ~ ~~~~ , 2007
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