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HomeMy WebLinkAbout03-4981KELLY JO BEAR, Plaintiff v. RICHARD D. BEAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.O.I-'/5~/ CIVIL TERM CIVIL ACTION -LAW IN 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. 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 Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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. CUNIBEKLAND CO UN"IY BAk ASSOCIATION 32 SO UTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OK (800)990-9108 KELLY JO BEAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO.~.~-~/4P1 CIVIL TERM RICHARD D. BEAR, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT 1. Plaintiff is Kelly Jo Bear, who currently resides at 6 Meadow Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Richard D. Bear, who currently resides at 6 Meadow Drive, Carlisle, Pennsylvania 17013. 3. The 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 married on September 11, 1993 at Newville, Cumberland County, Pennsylvania. COUNT I -DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, ~3301(a) (6) and 3301(c), in that: a. Defendant has offered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome. b. The marriage is irretrievably broken. 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 such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II -EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from September 11, 1993, until present, which property is "marital property" 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property" 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. Respectfully submitted, AaoM & Kurulaxzs, L.L.P. DATE ` ,l a `~ `Ce~'l~~i Ja on P. Kutulakis ID No. 80411 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, KELLY JO BEAR, verify that the statements made in this Divorce Complaint 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 ~F,~ .,.~ i~~i>3 /~ ~~ic-~ L EAR ~~ r~ w ~ ~ r ~. c c ~~ co cc r-- KELLY JO BEAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA NO. 03-4981 CIVIL TERM v. RICHARD D. BEAR, CIVIL ACTION -LAW Defendant IN DNORCE ACCEPTANCE OF SERVICE AND NOW, this~'~ day of September, 2003, I, Richard Wagner, Esquire, hereby certify that I did receive and accept service of the Complaint in Divorce in the above captioned matter on behalf of the Defendant, Ric'haxd D. Bear, and I further certify that I am authorized to do so. Respectfully submitted, DnTE z a3 Harrisburg, PA 17110 Attorney fox Defendant ^~ o v~> ~ -., fir,, r, ~ c,~ ; r ~- _ ~ -,c~ ~'~... ~' 9_' c° +v c> :=- ~'T7 ~~ _ ; CT ~7 KELLY JO BEAR, Plaintiff v. RICHARD D. BEAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-4981 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO WITHDRAW AND DISMISS TO THE PROTHONOTARY: Please withdraw and dismiss Plaintiffs count for Equitable Distribution in the above-referenced divorce action. Respectfully submitted, ABOM& KUTULAKIS, L.L.P. Date: z QS Kara W. Haggerty, 36 South Hanover Carlisle, PA 17013 (717) 249-0900 Attorney for Plainti~' KELLY JO BEAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA °' NO. 03-4981 CIVIL TERM RICHARD D. BEAR, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 21"day of September, 2005, I, Kara W. Haggerty, Esquire, by and through ABOM & KUTULAKIS, L.L.P. hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Withdraw and Dismiss, upon the below listed counsel of record and/or parties by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Date: September 21, 2005 ABOM& KUTULAKIS, L.L.P. ~- ~; ~~ F- ' ~ ; _. , ~~-~< --<- .,__._ :~_ ~ = "= - n ~':, , - a~: w ~- ~n cu LL LIB Lail '.i-`. '~ to a 1;.. Q ~.n 'J ~ ~ N KELLY JO BEAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA °' NO. 03-4981 CIVIL TERM RICHARD D. BEAR, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1 • Ground(s) for divorce: irretrievable breakdown under ~3301(d) (1) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service of Divorce Complaint executed by Richard Wagner, Esquire on September 24, 2003, and filed with the Prothonotary on October 7, 2003. Complete either paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: by Plaintiff N A; by Defendant N A. (b)(1) Date of execution of the Affidavit required by ~3301(d) of the Divorce Code: Septembe~~5; (2) Date of filing and service of the Plaintiffs affidavit upon the Respondent: September 20 2005. 4• Related claims pending: NONE. 5• Complete either paragraph (a) or (b): (a) Date and manner of service of the Notice of intention to file Praecipe to Transmit Record, a copy of which is attached: September 20, 2005, by First Class Mail to Defendant's attorney of record. (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: N/A Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: N/A. Respectfully submitted, ABOM& KUTULAKIS, L.L.P DATE V~ Lv D5 Kara W. Haggerty, 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney, for Plaintiff ID #86914 CERTIFICATE OF SERVICE AND NOW, this 20`h day of September, 2005, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Transmit Record upon the Defendant by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Respectfully submitted, AaOM & KUTULAKIS, L.L.P DATE I Kara W. Haggerty, Eti 36 South Hanover S Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney, for Plaintzff ID #86914 C1pC}CED s~ KELLY JO BEAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v' NO. 03-4981 CNIL TERM RICHARD D. BEAR, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file acounter-affidavit within twenty, (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on September 18, 2003, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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. 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. X4904 relating to unsworn falsification to authorities. Date: 9 0~o Os Kelly J ar, Plaintiff c-~ p ~, r ~ ~ ~ ro m~ ~~ iv n ij ~~ - ;~~ 7 c ; y ~m ~ -< ..d CERTIFICATE OF SERVICE AND NOW, this 20`'' day of September, 2005, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Affidavit Under ~3301(d) of the Divorce Code upon the Defendant by depositing or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Respectfully submitted, ABOM& KrrruLAKZS, L.L.A DATE Kara W. Haggerty, Es 36 South Hanover Stree Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 r, r ~ o ., ~ ~ , t - ~ m 'v ~ ,~ rr,. `~ y U - N D ~ CG ~ L -" '-~' ' ~, ti-r' O -' 'in ti ~~:; 1 :cF ~ =~ ~ < KELLY JO BEAR, Plaintiff v. RICHARD D. BEAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-4981 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Richard D. Bear Defendant KellyJo Bear, Plaintiff, intends to file with the court the attached Praecipe to Transmit Record on or after October 10, 2005, requesting that a final decree in divorce be entered. Date: Respectfully submitted, ABOM& KUTULAKIS, L.L.P. Kara W. Haggerty, s e 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 AIl`OfY1y f07' PIQZTZLZ~ ID #86914 N d ~_ _ ~ ~ ~" m m ~, r -o .r,m '_ iv .~ U~, ~.,°--, ~ .'C'; G, ~ ~ 'A -< CJD ~ CERTIFICATE OF SERVICE AND NOW, this 20"' day of September, 2005, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Notice of Intention to Request Entry of Divorce Decree upon the Defendant by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Respectfully submitted, AsoNt& Kuru~Axrs, L.L.P DerE OS Kara W. Haggerty, E q 36 South Hanover Stre t Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 N O ° c rr T i~~ ~' -~ IT1 r i i ..-: I`J Yj d r .- ~ ~~~ i _ T, G: n K' Lit p~ :A -< KELLY JO BEAR, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD D. BEAR, DEFENDANT 03-4981 CIVIL TERM ORDER OF COURT AND NOW, this -Z2 day of September, 2005, the praecipe for the entry of a final decree in divorce IS DENIED at this time.' By the Court, Edgar B. ara W. Haggerty, Fasquir For Plaintiff H0.n ed~0 ~ichard Wagner, Esqui For Defendant _ A aal (///' J ~~ , ~..~ ' Pa. Rule of Civil Procedure 1920.72(d) requires that a Section 3301(d) affidavit notify the other party to file acounter-affidavit within twenty (20) days of service, or the statements in the affidavit will be admitted. Rule 1920.73, providing for a notice of intention to request the entry of a Section 3301(d) divorce decree, requires that it include a statement that, "You have failed to ... file a counter- affidavit to the § 3301 (d) affidavit. Therefore, on or after [a date], the other party can request the court to enter a final decree in divorce." (Emphasis added.) Here, the notice of intention to request the entry of a Section 3301 (d) divorce decree does not, as it could not, include such a statement because the notice was served on defendant on the same date as the Section 3301(d) affidavit. Since defendant has twenty days from service of the Section 3301(d) affidavit to file acounter-affidavit, defendant cannot be notified on the same day it is served that there has been a failure to file acounter-affidavit. cs 'r_ { c, , : ma c`~--,- ~-- , -; <? j ~~ N N ~u,~ Gam: -x:`1:.1 <n a N DRECEIVED SEP 232005 KELLY JO BEAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 03-4981 CIVIL TERM RICHARD D. BEAR, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, upon consideration of the attached Praecipe to Withdraw and Dismiss, it is hereby ordered that Plaintiff's count fox Equitable Distribution is withdrawn and dismissed. yY~ara W. Haggerty, Esquire ABOM & KUTULAKIS, L.L.P. 36 South Hanover Street Carlisle, PA 17013 ,iR~ichard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 a ~~~d` oa.~ >- C7 .... t ~_. tit ~_R ~ _ `l .. Gt_ ~' ?.- r_ L r~ ~ ~ r^- w (],. CV ~.+_ L , v , t,L va _::. y N C] RECEIVED SEP 232005 KELLY JO BEAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 03-4981 CIVIL TERM RICHARD D. BEAR, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO WITHDRAW AND DISMISS TO THE PROTHONOTARY: Please withdraw and dismiss Plaintiffs count fox Equitable Distribution in the above-referenced divorce action. Respectfully submitted, ABOM& KUTULAKIS, L.L.P. Date: 0 Z ~S Kara W. Haggerty, 36 South Hanover Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff KELLY JO BEAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 03-4981 CIVIL TERM RICHARD D. BEAR, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 21" day of September, 2005, I, Kara W. Haggerty, Esquire, by and through ABOM & KUTULAKIS, L.L.P. hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Withdraw and Dismiss, upon the below listed counsel of record and/or parties by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Date: September 21, 2005 ABOM& KUTULAKIS, L.L.P. Kara W. Haggerty lJ`7 ~> ~~ u' :' i - r, F -' , ~ __ ~`' ~ c c~% ` ~~ a ' .iY ~ + ~- n c . ~ ~ ~ ~ v KELLY JO BEAR, Plaintiff v. RICHARD D. BEAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-49871. CIVIL TERM CIVIL ACT]:ON -LAW IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following vnformation, to the court fox entry of a divorce decree: 1. Ground(s) for divorce: irretrievable breakdown under ~3301(d)(1) of the Divorce Code. 2. Date and manner of service of the Complaunt: Acceptance of Service of Divorce Complaint executed by Richard Wagner, Esquire on September 24, 2003, and filed with the Prothonotary on October 7, 2003. 3. Complete either paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: by Plaintiff N A; by Defendant NL. (b)(1) Date of execution of the Affidavit required by ~3301(d) of the Divorce Code: September 20.2005; (2} Date of filing and service of the Plaintiff's affidavit upon the Respondent: September 20.2005. 4. Related claims pending: NONE. Complete either paragraph (a) or (b): (a) Date and manner of service of the I~fotice of intention to file Praecipe to Transmit Record, a copy of which is attached: September 20, 2005, by First Class Mail to Defendant's attorney of record. (b) Date Plaintiff s Waiver of Notice in !~3301(c) Divorce was filed with the Prothonotary: N/A Date Defendant's Waiver of Notice :in ~3301(c) Divorce was filed with the Prothonotary: N/A. Dn'r'E D I I 0 5 Respectfully submitted, AaoNt & KUTUi:AKIS, L.L.P 1 ~~~ Kara W. Haggex~y, ~ e 36 South Hanover Str Carlisle, PennsyhJania 17013 (717) 249-0900 Attorney far Plaint ID #86914 CERTIFICATE OF SERVICE AND NOW, this 11`~ day of October, 2005, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Praecige to Transmit Record upon the Defendant by depositing, ox causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: Richard Wagner, Esquirf: 2233 North Front Street Harrisburg, PA 17110 DATE Respectfully submitted, ABOM& KUTUi:AKIS, L.L.P Kara W. Haggerty, E r 36 South Hanover Stye Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 CJ n Q C c~i-. T _ O T_ ' I~l ~ _- ,~ '.~ ~rT. .o. j,_ ~, _~ )~7 i O 7`a KELLY JO BEAR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW RICHARD D. BEAR, Defendant NO. 03-4981 CIVIL TERM ORDER OF COURT AND NOW, this 11`h day of October, 2005, upon consideration of Plaintiffls praecipe to transmit record, and it appearing that Plaintiff's notice of intent and affidavit under Section 3301(d) of the Divorce Code were served simultaneously, in contravention of the holding in Burdick v. Burdick, 41 Cumberland L.J. 64 (1991) (Bayley, J.), a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiencies and file a new praecipe to transmit. BY THE COURT, ,~ara W. Haggerty, Esc Attorney for Plaintiff :rc ~,~ ~O I~' f i ~ ~J ~ ~.I_ C. ..'~ ~•.JJ KELLY JO BEAR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-4981 CIVIL TERM RICHARD D. BEAR, CIVIL ACTION-LAW Defendant IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Richard D. Bear c/o P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, Pennsylvania 17110 Kelly Jo Bear, Plaintiff intends to file with the court the attached Praecipe To Transmit Record on or after November 12, 2005 requesting that a final decree in divorce be entered. DATE: October 21, 2005 %~~~~ V' - Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Kelly Jo Bear KELLY JO BEAR, Plaintiff v. RICHARD D. BEAR, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4981 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) of the divorce code. 2. Date and manner of service of the complaint: P. Richard Wagner, Esquire signed an Acceptance of Service for the Divorce Complaint on September 24, 2003 on behalf of the Defendant. 3. (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the divorce code: Plaintiff executed her affidavit on September 20, 2005. (2) Date of service of the plaintiffs affidavit upon the defendant: Plaintiff's affidavit was served on P. Richard Wagner, Esquire, counsel for the Defendant, on September 20, 2005. 4. Related claims pending: None. ~' S. Complete either (a) or (b) ~~ ~~ (a) Date and manner of service of the notice of intention to file ~I ~Ipraecipe to transmit record, a copy of which is attached: The notice of intention to file '~ praecipe to transmit record was served on P. Richard Wagner, Esquire, counsel for the Defendant, on October 21, 2005. ~I ,I Michael .Scherer, Esquire Attorney for Plaintiff, Kelly Jo Bear ,_~ CERTIFICATE OF SERVICE I hereby certify that on this date, a true and correct copy of the foregoing Notice of Intention to Request Entry of Divorce Decree was served by first-class mail, postage prepaid, upon the following: P. Richard Wagner, Esquire 2233 N. Front Street Harrisburg, Pennsylvania 17110 Dated: October 21, 2005 ~~~~~(!~V Michael A. Scherer, Esquire ~, L l t1 ` .. J^ ""r i ~ _--- ~ _ . -. i :tea .. _ ~.. .-, C, KELLY JO BEAR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-4981 CIVIL TERM RICHARD D. BEAR, CIVIL ACTION-LAW Defendant IN DIVORCE PRAECIPE FOR WITHDRAWAL OF COUNSEL AND APPEARANCE OF COUNSEL TO THE PROTHONOTARY: Please note my withdrawal as counsel for Kelly Jo Bear, Plaintiff in the above matter. Dated: ~ li ~ ~ ~.` L ~ _ BY: ~ - Kara W. Ha y, Es 'i e , 36 South H r Str t Carlisle, Pennsylvania 013 (717) 249-0900 Kindly enter our appearance on behalf of Kelly Jo Bear, Plaintiff in the above matter. Dated: O'BR1EN, BARK AND SCHERER BY: Michael A. Scherer, Esquire Pa I . D.: 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on this date, a true and correct copy of the foregoing Praecipe for Withdrawal of Counsel and Appearance of Counsel was served by first-class mail, postage prepaid, upon the following: P. Richard Wagner, Esquire 2233 N. Front Street Harrisburg, Pennsylvania 17110 Dated: October 21 2005 rG~~~D~ Michael A. Scherer, Esquire {... _.... ..! i ~ ~~ - r:: --.. KELLY JO BEAR, Plaintiff V. RICHARD D. BEAR, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4981 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (d) of the divorce code. 2. Date and manner of service of the complaint: P. Richard Wagner, Esquire signed an Acceptance of Service for the Divorce Complaint on September 24, 2003 on behalf of the Defendant. 3. (b) (1 } Date of execution of the plaintiff s affidavit required by Section 3301(d) of the divorce code: Plaintiff executed her affidavit on September 20, 2005. (2) Date of service of the plaintiffs affidavit upon the defendant: Plaintiff's affidavit was served on P. Richard Wagner, Esquire, counsel for the Defendant, on September 20, 2005. 4. Related claims pending: None. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to fife praecipe to transmit record, a copy of which is attached: The notice of intention to fife praecipe to transmit record was served on P. Richard Wagner, Esquire, counsel for the Defendant, on October 21, 2005. ~~U v ~ MICHAEL A. SCHERER, Esquire Attorney for Plaintiff, Kelly Jo Bear ~ l r~ p~J Gj c°.-'' l -ii ._~ =_ „L~ ... ~~C_ a (,.' <, ~ C~ IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY STATE OF ~ PENNA. ~ ~. KELLY JO BEAR Plaintiff VERSUS RICHARD D. BEAR Defendant N O. 2003 - 4981 CIVIL DECREE IN DIVORCE AND NOW,_ ~JOV f ~ ZG Cij IT IS ORDERED AND DECREED THAT Y JO BEAR PLAINTIFF, AND RICHARD D. BEAR ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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. BY THE C ATT EJSfT: v °~ J. PROTHONOTARY ~,~ ~ J f" ~ ~ ~~ .~?S° ~ ~1~ ~rt s~ ~ ~~ ~_ KELLY JO HOGARTH, IN THE COURT OF COMMON PLEAS OF f/k/a KELLY JO BEAR, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2003-4981 CIVIL TERM RICHARD D. BEAR, CIVIL ACTION-LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Keily Jo Hogarth, an adult individual, currently residing at 5 Prickly Pear Drive, Carlisle, Cumberland County, Pennsylvania, 17013-8546. 2. Defendant is Richard D. Bear, an adult individual, currently residing at 86 Marsh Drive, Carlisle, Cumberland County, Pennsylvania, 17013-9101. 3. Plaintiff seeks primary custody of the following children: Name Present Residence Date of Birth Kylie N. Bear 5 Prickly Pear Drive June 11, 1996 Carlisle, Pennsylvania, 17013-8546 Austin G. Bear 5 Prickly Pear Drive September 27, 1998 Carlisle, Pennsylvania, 17013-8546 The children were not born out of wedlock. The children are presently in the custody of Plaintiff, who resides at 5 Prickly Pear Drive, Carlisle, Cumberland County, Pennsylvania, 17013-8546. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates Kelly Jo Hogarth 5 Prickly Pear Drive May, 2005 Joseph N. Hogarth Carlisle, Pennsylvania 17013-8546 to Present Kelly Jo Hogarth 230 Marion Avenue December, 2004 Carlisle, Pennsylvania 17013-1138 May, 2005 Kelly Jo Hogarth 6 Meadow Drive Richard D. Bear Carlisle, Pennsylvania 17013-7441 November, 2004 The natural mother of the children is Kelly Jo Hogarth, currently residing 5 Prickly Pear Drive, Carlisle, Cumberland County, Pennsylvania, 17013-8546. She is married. The natural father of the children is Richard D. Bear, whose mailing address is 86 Marsh Drive, Carlisle, Cumberland County, Pennsylvania, 17013-9101. He is not married. 4. The relationship of Plaintiff to the children is that of natural mother. Plaintiff currently resides with the following persons: Names Relationship Joseph N. Hogarth Husband Kylie N. Bear Daughter Austin G. Bear Son 5. The relationship of Defendant to the children is that of natural father. Defendant currently resides with the following persons: Names Relationship Dawn Klabon Paramour Owen Klabon Paramour's son Aiden (?) Paramour's son 6. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary physical custody of the children and give Defendant partial custody at such times as is convenient for the Defendant and the parties. Respectfully submitted, O'BRIEN, BARK & SCHERER ~uG ~v~ Michael A. Scherer, Esquire I.D. # 61974 19 West South Street DATE: April Z' , 2006 Carlisle, Pennsylvania 17013 (717) 249-6873 mas\DOmestic\Bear\custody.comp ., KELLY JO HOGARTH, f/k/a KELLY JO BEAR, Plaintiff, V. RICHARD D. BEAR, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4981 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.§4904, relating to unsworn falsification to authorities. ELL JO HOGARTH DATE: April 21, 2006 . ~. ~. .~J ~.P S-= r, ~,; ~~ .I ~. ~:~ ,~ .~ ._~. ~' KELLY JO HOGARTH, IN THE COURT OF COMMON PLEAS OF f/k/a KELLY JO BEAR, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2003-4981 CIVIL TERM RICHARD D. BEAR, CIVIL ACTION-LAW Defendant IN CUSTODY ACCEPTANCE OF SERVICE AND NOW, on this the ~ day of Aprii, 2006, I, P. Richard Wagner, Esquire, hereby accept service of the Custody Complaint, filed in the above case and acknowledge receipt of a true and attested copy of said Complaint. .-, ~ ~Y ~ Richard Wagne ,Esquire `~i ~`~ t7 cn ': .. a. 7"s'1 h . ~ -~~. v- 'i A -iti G.~ ~t _ Cil "L? -C KELLY JO HOGARTH F/IUA KELLY JO IN THE COURT OF COMMON PLEAS OF BEAR PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD D. BEAR DEFENDANT • 03-4981 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 03, 2006 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 30, 2006 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 aae 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/ ac uelrne M. Verne Es . 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 ~~~ ~ '~' ,~;,:, 1 ~r,r=,,a 1,_' ~~';,; ~ ~ !nlil~ 9 ~ .~ ~~~ £- A~'~,i 9QJl ~O• f ~ f' ~o. ~s ~a Fs ;;;I-~;,:'> :.)31;1 JUN 0 22006J~ Y~ KELLY JO HOGARTH F/K/A : IN THE COURT OF COMMON PLEAS OF KELLY JO BEAR, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . V. : N0.2003-4981 CIVIL ACTION -LAW RICHARD D. BEAR, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~'~ day of J ~ L , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Kelly Jo Hogarth and the Father, Richard D. Bear, shall have shared legal custody of Kylie N. Bear, born June 11, 1996 and Austin G. Bear, born September 27, 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. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. During the school year, Mother shall have primary physical custody of the children. Father shall periods of partial physical custody of the children on alternating weekends from Friday to Sunday at times agreed by the parties and alternating Wednesdays to Friday mornings when he shall insure that the children are delivered to school. 3. During the summer, the parties shall have shared physical custody of the children. The exchange day shall be Fridays at times agreed by the parties. The parties shall accommodate each other's vacation plans. ~- ~ -- ~ ~ .. a - a .- . ~~ a s • _ ~ „ :. i ~ , `~, ~_:: { - LJ ~ ~ dT) La_ --! ~~ _ ~ - -- ~-Ll l.E.1 ~ t~ ~ ~ y ~3 Cv U 4. The parties shall cooperate and participate in co-parenting counseling or communication counseling. Said counseling shall begin as soon as practicable. 5. The parties shall be entitled to reasonable telephone contact with the children. 6. Neither party shall do or say anything nor permit a third party to do or say anything that 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. 7. 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. Another Custody Conciliation Conference is scheduled for August 1, 2006 at 9:30 a.m. BY THE COURT, J. ~e'lMichael A. Scherer, Esquire, Counsel for Mother ~f'. Richard Wagner, Esquire, Counsel for Father ~~~ ,0 0~ JUN 0 2 2006 KELLY JO HOGARTH F/K/A KELLY JO BEAR, Plaintiff V. RICHARD D. BEAR, Defendant PRIOR JUDGE: None IN THE COUIRDT OO~TYMPENNSYLVANIA : CUMBERLA N0.2003-4981 CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLA CDri Da o Tu mUs' h ~o o~,Vng PROCEDURE 1915.3-8, the undersigned Custo y report: 1, The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF June 11, 1996 Mother Kylie N. Bear Mother Austin G. Bear September 27, 1998 2, A Conciliation Conference was held in t~ri nth her ounseol, MO ha 1 A. the following in attendance: The Mother, Kelly Jo Hog , Scherer, Esquire, and the Father, Richard D. Bear, with his counsel, P. Richard Wagner, Esquire. 3, The parties agreed to an Order in the form as attached. / "t (~ ~ ~ ~~ acq line M. Verney, Esquire Date Custody Conciliator KELLY JO HOGARTH F/K/A KELLY JO BEAR, Plaintiff V. RICHARD D. BEAR, Defendant AUG 2 9 200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2003-4981 IN CUSTODY ORDER OF COURT CIVIL ACTION -LAW AND NOW, this 31st day of ., .S~ , 2006, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ~_, of the Cumberland County Court House, on the ~ day of e ~ sic/ -~ , 200 f~, at /; 3~ o'clock, ~. M., at which time testimony will be taken. For purposes of this Heanng, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each pazty shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Heazing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated June 5, 2006 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: ichael A. Scherer, Esquire, counsel for Mother ,/If Richazd Wagner, Esquire, counsel for Father ~~~ J ~b~D ,0~' 0. O ~' ~ ,-- „~~: _ - ? r ~. C.~LJ tit -'w `i,, ~_ : ti. a'.~ ~ ~ ~ 5'- ~ ~- y j i _ _ ~~ ~ l.a.S N ~_ 'Fj!'~ " . ? ~ ~ U N ~. / ` r. , KELLY JO HOGARTH F/K/A KELLY JO BEAR, Plaintiff V. RICHARD D. BEAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2003-4981 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL EDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kylie N. Bear June 11, 1996 Mother Austin G. Beaz September 27, 1998 Mother 2. A Conciliation Conference was held August 29, 2006 with the following individuals in attendance: The Mother, Kelly Jo Hogarth, with her counsel, Michael A. Scherer, Esquire, and the Father,l2ichazd D. Beaz, with his counsel, P. ltichazd Wagner, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated June 5, 2006 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends, and alternating Wednesday to Friday during the school yeaz and week on/week off during the summer. 4. Mother's position on custody is as follows: Mother seeks to maintain the status quo, believing the children need stability during the school year. Mother asserts that the parents cannot communicate regarding the children, although they continue to attend communication counseling. 5. Father's position on custody is as follows: Father seeks shazed legal and shared physical custody. He maintains that the parents live in close proximity and Father could transport the children to school. His wife is a stay at home Mom who would provide care when Father is at work. 6, The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order with Mother having primary physical custody of the children during the school year. It is expected that the Hearing will require one day. Date acq line M. Verney, Esquire "~ Custody Conciliator KELLY JO HOGARTH F/K/A KELLY JO BEAR, Plaintiff v. RICHARD D. BEAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.03-4981 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 27`h day of December, 2006, upon relation of both counsel that the parties have settled the custody matter by a signed agreement, the hearing previously scheduled for December 28, 2006, is cancelled. ~chael A. Scherer, Esq. Attorney for Plaintiff Richard Wagner, Esq. Attorney for Defendant rc 1 BY THE COURT, f ~tf % J.'Wesley O ~r r., J. ~~~~ ~ ~ i . n ~ ~7._l KELLY JO HOGARTH, f/k/a KELLY JO BEAR, Plaintiff V. RICHARD D. BEAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4981 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY JOII~iT PJiflTiOFv F®R CGtvTiIVt~AIV~Ct AND NOW, comes Michael A. Scherer, Esquire, attorney for Kelly Jo Hogarth, formerly Kelly Jo Bear, and P. Richard Wagner, Esquire, attorney for Richard D. Bear, and respectfully represent as follows: 1. The plaintiff is the mother, Kelly Hogarth, and she is represented by Michael A. Scherer, Esquire. 2. The defendant is the father, Richard Bear, who is represented by P. Richard Wagner, Esquire. 3. A hearing is set in this matter for December 28, 2006 at 1:30 p.m. 4. The parties have been in counseling for several weeks with the Christian Counseling Services in Carlisle, Pennsylvania. 5. Recently, a new counselor, Linda Strayer, became assigned to the parties and she has had a limited opportunity to meet with the children and get to know the parents and the situation. 6. It is the opinion of Linda Strayer that a custody hearing is premature at this time, and, because of the holidays, she recommends that the hearing be continued. 7. Further counseling may assist the parties in resolving this custody matter. '~ WHEREFORE, the parties jointly request that this Honorable Court continue the hearing in this matter and schedule a hearing at a later date. The parties request that the Court schedule a full day hearing in the event that the matter is not resolved prior thereto. Respectfully submitted, MANCKE, W GNER & SPREHA P. Richard squire 2233 North Front Street Harrisburg, Pennsylvania 17110 s .~, KELLY JO HOGARTH, f/k/a KELLY JO BEAR, Plaintiff V. RICHARD D. BEAR, Defendant JAt104 2DDl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4981 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW this ~ da of ~ u J"~ ~ ~ ~ y ,upon consideration of the within stipulation, the hearing scheduled in this matter for December 28, 2006, at 1:30 p.m. is hereby continued until ~ ,the o~/~l day of L~~~c~ , 2007 at ~ : 30 ~.m. in Courtroom No. ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania BY THE COURT, ,,IOlichael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 /P. R~hard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, Pennsylvania 17110 J J~IVe~iey Oler, Jr~ J. r ~ ~~ ~~ :~ v ~ ~ ~.~~ ; ~ ~n ~n ~ ~ ~. t - _~ ~~ ~ ~~ ...7 `:~3 i~... ~3 ~ U r•+ KELLY JO HOGARTH IN THE COURT OF COMMON PLEAS OF F/K/A KELLY JO BEAR, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW RICHARD D. BEAR, Defendant NO. 03-4981 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 7th day of January, 2007, upon agreement of counsel, the hearing previously scheduled for April 2, 2007, is rescheduled to Wednesday, May 2, 2007, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. .~Glichael A. Scherer, Esq. Attorney for Plaintiff /P. Richard Wagner, Esq. Attorney for Defendant 1 :rc 0 ~0 ~~, BY THE COURT, h n ` '~4ri~1 f3 4 ~ 6 ~~~~~ 0 ! €~~~' ~C~l KELLY JO HOGARTH IN THE COURT OF COMMON PLEAS OF F/K/A KELLY JO BEAR, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW RICHARD D. BEAR, Defendant NO. 03-4981 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this ls` day of May, 2007, a stipulation having been signed in the above matter, the hearing previously scheduled for May 2, 2007, is cancelled. J Michael A. Scherer, Esq. Attorney for Plaintiff P. Richard Wagner, Esq. Attorney for Defendant ~ 0""_ , :rc BY THE COURT,