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HomeMy WebLinkAbout03-5229CHARLENE M. CURRY, Plaintiff V$, THOMAS CURRY, Defendant * iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND 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 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 Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 CHARLENE M. CURRY, Plaintiff VS. THOMAS CURRY, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * CIVIL ACTION - LAW * IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is Charlene M. Curry who currently resides at 1 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Thomas Curry who currently resides at 3012 Knorr Street, Philadelphia, Pennsylvania 10149. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on April 9, 1983 in Philadelphia, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce; or annulment instituted by either of the parties in this or any other jurisdiction. 7. The 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. 8. Plaintiff avers that there is one (1) child of the parties under the age of eighteen: Jaimelynn Curry, date of birth June 15, 1987. COUNT I. REQUEST FOR A FAULT DIVORCE UNDER §3301(a)(b) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive as defined by §:3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divome pursuant to Section 3301(a)(b) of the Divorce Code COUNT II. REQUEST FOR A NO-FAULT E)IVORCE UNDER §3301(c) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the parties is irretrievably broken. 14. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that 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 the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT III. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. The marriage of the Parties is irretrievably broken. 17. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301(d) of l~he Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT IV. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502 and §3503 OF THE DIVORCE CODE 18. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 19. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to rnarital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT V. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER §3502(d) OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 21. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 22. Pursuant to Section 3502(d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT VI, REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER §3701, §3702 and §3704 OF THE DIVORCE CODE 23. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 24. Plaintiff is unable to sustain herself during the course of litigation. 25. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 26. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3704 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 371:)1, 3702 and 3704 of the Divorce code COUNT VII. REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER §3702 OF THE DIVORCE CODE 27. The prior paragraphs of this Complaint are, incorporated herein by reference thereto. 28. Plaintiff has employed Jennifer L. Frechette, Esquire, to represent her in this matrimonial cause. 29. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant is more than able to pay them. 30. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 31. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. COUNT VIII. REQUEST FOR CONFIRMATION OF CUSTODY UNDER §3104(A)(2) AND 3323(B) OF THE DIVORCE CODE 32. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 33. The parties are the parents of the following unemancipated child who resides with Plaintiff and Defendant: NAME AGE SEX Jaimeiynn Curry 16 Female 34. the addresses herein indicated. WITH WHOM June 15,1887 During the past five (5) years, the child has resided with the parties and at FROM TO 9/18/03 Present 1 Patton Rd., Mechanicsburg, PA Mother, Barbara Meck (Aunt), Don Meck (Uncle) & Melissa Milke (cousin) 11/89 9/18/03 Mother & Father 3012 Knorr Street, Phila., PA 35. Plaintiff has not participated in any other llitigation concerning the child in this or any other state. 36. There are no other proceedings pending involving custody of the child in this or any other state. 37. 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. 38. The best interests of the child will be served if joint legal and primary physical custody of her is confirmed in Plaintiff. WHEREFORE, Plaintiff respectfully requests that, pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming custody of the child in Plaintiff. COUNT IX. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN D~VORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 39. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 40. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 41. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 42. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Courl approve and incorporate such agreement in the final divorce decree. Date: Respectfully submitted: ~nnen ~r,~ BF~a i~hmeottr~' ~SreqeUl re Dillsburg, PA 17019 (717) 432.9666 ID # 87445 ATTORNEY FOR PLAINTIFF VERIFICATION I, Charlene M. Curry, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: ~'-~ ~'-/3_:{ Ch~rle-ne M ~urry - ~'-- ~ CHARLENE M. CURRY PLAINTIFF V. THOMAS CURRY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5229 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 08, 2003 , 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 4thFloor, Cumberland County Courthouse, Carlisle on Friday, October31,2003 at 8:30 AM 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinff. FOR THE COURT, By: /s/ Hubert X. Gilroy. Esq 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 Stree't Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CHARLENE M. CURRY THOMAS CURRYI Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 03-5229 CIVIL ACTION LAW IN CUSTODY & DIVORCE Praecipe to Withdraw Custody Count Curtis R. Long, ProthOnotary Cumberland County (~ourthouse One Courthouse Square Carlisle, PA 17013 / Dear Mr. Long: Please withdr~w Count VIII: Request for Confirmation of Custody under §3104(A)(2) AND 3323(B) of the DivorCe Code. Hubert X. Gi Patricia Dug; Charlene Cu: Attorney for Plaintiff 130 W. C. hurch Street, Suite 100 Dillsburg, PA 17019 (717) 432.9666 ID # 87445 [roy, Esquire (Custody Conciliator) aa, Esquire (Philadelphia, PA) CHARLENE M. CURRY THOMAS CURRY I, Sherie A. this date, I served * following persons, Pennsylvania, as Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 03-5229 CIVIL ACTION LAW IN CUSTODY & DIVORCE CERTIFICATE OF SERVICE [inich, Secretary to Jennifer L. Frechette, Esquire, hereby certify that on me and correct copy of the Praecipe to Withdraw Custody Count upon the depositing same, in the United States Mail, general delivery, Dillsburg, lOWS: Hubert X. Gi] 4 North Hanc Carlisle, PA i Date: roy, Esquire ver Street 7013 / Patricia IVl. Dugan, Esquire 2319 Margaret Street Philadelphia, PA 19137 ,'~erie A. Minich CHARLENE M. CURRY, Plaintiff V THOMAS CURRY, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACT1ON - LAW : : NO. 2003-5229 CIVIL : 1N CUSTODY COURT ORDER AND NOW, this ~ day of November, 2003, the conciliator being advised the parties have moved the case ~o Philadelphia, the conciliator relinquishes jurisdiction. BY THE COURT, Custody ~.~nciliator Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CHARLENE M. CURRY, IN THE COURT OF COMMON PLEAS OF THOMAS CURRY, Plaintiff Defendant COUNTY, PENNSYLVANIA NO. 03-5229 CWIL ACTION - LAW IN DIVORCE. pRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case discontinued. MARTSON DE,~Z~DORFF WILLIAMS & OTTO By /~~'f~- ~ ire Jennil~r 1~. ~pears, Esqu' I.D. 87445 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: September 23, 2004 CERTIFICATE OF SERVIC_~E I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Patricia M. Dugan, Esquire 2662 East Allegheny Avenue Philadelphia, PA 19134 MARTSON DEARDORFF WILLIAMS & OTTO ~...__~ci~a D. Ec~ienro ad -/ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 23, 2004