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HomeMy WebLinkAbout07-6139e Donald T. Kissinger, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Richard P. French NO JUDGE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. FRENCH, ) Plaintiff ) V. ) ERIN E. FRENCH, ) Defendant ) NO. 2007- / 39CIVIL 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, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. FRENCH, ) Plaintiff ) V. ) ERIN E. FRENCH, ) Defendant ) NO. 2007- G ) 39 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Richard P. French, by and through his counsel, Howett, Kissinger & Holst, P.C., who states the following in support of the within Complaint: 1. Plaintiff is Richard P. French, an adult individual who currently resides at 54 Warwick Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Erin E. French, an adult individual who currently resides at 508 Barbara Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on May 20, 2000 in Scranton, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States of its allies within the provisions of the Servicemembers Civil Relief Act. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 7. 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. The parties have been separated as a matter of law since on or about August 14, 2007. COUNT I - DIVORCE PURSUANT TO §3301(c) or U OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301 of the Divorce Code. COUNT II - REQUEST FOR CUSTODY AWARD UNDER §3104(a)(2) AND §3323(b) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The parties (hereafter referred to as "Mother" and "Father") are the parents of the following unemancipated children who reside with Plaintiff: Names Present Address Date of Birth Anderson M. French 508 Barbara Drive 12/30/95 Mechanicsburg, PA 17050 Unborn Child Due 12/07 The children were not born out of wedlock. The children are presently in the custody of Mother who currently resides at 508 Barbara Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. During the past five years, the children resided with the following persons and at the following address: Persons Mother Mother and Father Addresses 508 Barbara Drive Mechanicsburg, PA 17050 508 Barbara Drive Mechanicsburg, PA 17050 Dates August 14, 2007 to present Prior to August 14, 2007 The mother of the children is Defendant Erin E. French, who currently resides at 508 Barbara Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. She is married. The father of the children is Plaintiff Richard P. French, who currently resides at 54 Warwick Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17050. He is married. 13. The relationship of Plaintiff to the children is that of Father. Plaintiff does not currently reside with anyone. 14. The relationship of Defendant to the children is that of Mother. 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 16. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 17. 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. 18. The parties have entered into a Stipulation for Entry of Agreed Upon Custody Order, a copy of which is attached hereto as Exhibit "A". The best interest and permanent welfare of the children will be served by granting the relief requested. WHEREFORE, Plaintiff Richard P. French, respectfully requests that this Honorable Court enter an Order incorporating the parties' Stipulation for Entry of Agreed Upon Custody Order as an Order of this Court. Date: /I U///? 6-7 Respectfully submitted, Donald T. KissinN HOWETT, KISLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Richard P. French VERIFICATION I, Richard P. French, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: /0 ' ra '0-7 X? P Rich P. F ch V Q Q `n Q n h 4 ?= LA; Tom- ? 1 1 a? 44? c ca CD w G? ?-t rn? l -7i:7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. FRENCH, Plaintiff NO. B-) - (A 1,3q c 3 ?r I +c-r k v. ERIN E. FRENCH Defendant THIS STIPULATION is made thi?' day of CIVIL ACTION - LAW IN DIVORCE 2007, by and between ERIN E. FRENCH (hereinafter "Mother") of Cumberland County, Pennsylvania, and RICHARD P. FRENCH (hereinafter "Father") of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, the parties hereto, husband and wife, are the parents of Anderson M. French, born December 30, 2005, and an unborn child, expected in December of 2007 (hereinafter referred to as "the Children"); and WHEREAS, the parties have lived separate and apart since on or about August 24, 2007; and WHEREAS, the parties are desirous of maintaining a very amicable relationship with regard to their children and seek to enter into a stipulated order granting the parties shared legal and physical custody of the children without the necessity of formal court intervention. NOW, THEREFORE, in consideration of the premises, and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, agrees as follows: Legal Custody. The parties shall share legal custody of their children, legal custody being defined as the right to make major decisions affecting the best interests of the child, including, but not limited to, medical, moral, religious, educational and general parenting decisions. See 23 Pa.C.S.A. Section 5301. The parties agree to discuss and consult with one another with a view towards adopting a harmonious policy calculated to promote the childrens' best interests. Each party shall have the right to be kept informed of the childrens' educational, religious, social, moral and medical development. Each parent shall notify the other of any matter relating to the children which could reasonably be expected to be of significant concern to the other parent. Day-to-day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of the children at the time of any emergency shall have the right to make any immediate decisions necessitated thereby but shall inform the other parent of that emergency and consult with him or her as soon as possible. 2. Physical Custody. Mother and Father agree that Mother will be awarded primary physical custody of the children and Father will be awarded partial physical custody of the children. Mother and Father agree that the following custody schedule would comport with the best interests of the children: (a) On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m., Father shall enjoy physical custody of the children. 2 (b) During the week, Father shall have partial custody of the children on Thursday evening, or such other evening upon which the parties shall mutually agree, from 6:00 p.m. through drop off at school on Friday (or if not a school day, at 9:00 a.m.) (c) The parties may enjoy parenting time on any other days and any other times upon which the parties may, from time to time, agree in consideration of the best interests and desires of the children and the childrens' academic and extracurricular commitments. It is specifically understood by the parties that an expanded or altered schedule may be implemented whenever such expansion or alteration is agreed upon by the parties in advance. (d) The foregoing provisions notwithstanding, and unless the parties mutually agree to the contrary, the parties agree that during Father's periods of physical custody, until November 1, 2007, Father shall relinquish physical custody of Anderson at 8:00 p.m. to sleep at Mother's residence, and if a weekend, shall pick him up at 9:00 a.m. the following day. With regard to their currently unborn child, the parties agree that during Father's periods of physical custody in the first year of the child's life, Father shall return the infant to Mother no later than 8:00 p.m., and if a weekend, shall pick him or her up at 9:00 a.m. the following day. 3. Summer School Vacation Period. During the summer recess from school, each party shall be entitled to two (2) uninterrupted, non-consecutive weeks of physical custody. Both parties shall provide notice to the other of any summer travel plans, including a tentative itinerary and contact information, by March 1 each year. In the event of more sudden travel plans, both parties agree to be as flexible as possible in order to effectuate the children's best interests. Prior to the children reaching school-age, the parties may elect to take their uninterrupted custodial week at any point throughout the calendar year. 3 4. Holidays/Birth fts. Mother and Father agree that the following holiday schedule shall take precedence over the regular custody schedule: (a). Christmas. The Christmas holiday will be divided into two sections, A and B. Section A will begin on December 24 at 12:00 p.m. and will continue until Christmas Day at 12:00 p.m. Section B will begin on Christmas Day at 12:00 p.m. and will continue until December 26 at 12:00 p.m. The parties agree that Mother shall have custody of the children for Section A in odd-numbered years, and for Section B in even-numbered years. The parties further agree that Father shall have custody of the children for Section A in even- numbered years, and for Section B in odd-numbered years. Custody of the children for the remainder of their holiday break from school will be in accordance with the regular custody schedule, as set forth above. However, notwithstanding the foregoing, until the children no longer reasonably believe in Santa Claus, Father agrees that he will return the children to Mother at 9:00 p.m. on Christmas Eve in even-numbered years. (b). Mother's Day/Father's Day. Mother shall have physical custody of the children each and every Mother's Day from 9:00 a.m. the day of the holiday until 8:00 p.m. the day of the holiday. Father shall have physical custody of the children each and every Father's Day from 9:00 a.m. the day of the holiday until 8:00 p.m. the day of the holiday. (c). Children's Birthdays. Father will be entitled to some parenting time to celebrate the children's birthdays either the day immediately preceding or following the actual birthday, as the parties will determine on a year-by-year, child-by-child basis. 4 ,.,1 . . (d). Summer holidays. In odd-numbered years, the parties agree that Mother shall enjoy physical custody of the children on Memorial Day and Labor Day, while Father shall enjoy physical custody of them on Independence Day. Further, the parties agree that in even-numbered years, Father shall enjoy physical custody of the children on Memorial Day and Labor Day, and Mother shall enjoy their physical custody on Independence Day. 5. Children's Activities. Each party shall ensure the children participate in all regularly scheduled activities during his or her periods of physical custody. If the designated time for pick-up or return of a child or children occurs during a scheduled activity, then pick-up or return shall occur at the activity after the activity has concluded. 6. Disparaging Remarks. The parties shall refrain from making any disparaging or negative remarks with regard to the other party either directly to the child or in the presence of the children. Likewise, the parties shall ensure that third parties refrain from making any disparaging or negative remarks with regard to the other party either directly to the children or in their presence. Neither party shall do or say anything which 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 love and respect for the other parent. Mother and Father agree not to discuss custody issues with the children or in their presence. 7. Telephone/Address. Each party shall keep the other apprised of his or her telephone number and address. 8. Contact with Non-Custodial Parent. The non-custodial parent shall be entitled to reasonable telephone, text messaging, and electronic mail privileges, as age appropriate, with the children while they are in the custody and control of the other party. 5 . ?k . . 9. Entry of Court Order. The parties agree that the terms and provisions of this Stipulation shall be entered as an order of court. IN WITNESS WHEREOF, the parties hereby agree to the above terms as of the day and date first written above. WITNE WI 1A1"kCL E E. FREkCV FRENCH 6 COMMONWEALTH OF PENNSYLVANIA Gj? &,M, ?B' COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared ERIN E. FRENCH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. _Z/ GIVEN UNDER HAND AND SEAL OF OFFICE this ?g day of 2007. Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: COMMONWEALTH OF PENNSYLVANIA AR AL SEAL SETH E. P'0'40, II, Notary Public My commi si-" 0 n . p ,Cumberland County Y Co missioTr€xpiresAag[ISrr2, 2010 7 Ilk 4~ COMMONWEALTH OF PE YLV COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared RICHARD P. FRENCH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. A GIVEN UNDE Y HAND AND SEAL OF OFFICE this o?.P day of 2007. Notary Public in and f& Commonwealth of Pennsylvania Typed or printed name of Notary: COMMONWEALTH OR PENNSYLVANIA kit SETH E. POMEROY, II, Notary Public My co All i s;umberland County y ommiss n Exprrez Auyust2,2010 8 Q i. of i 0 C T 2i 200 JUDGE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. FRENCH ) Plaintiff ) NO. 0-7- 6(3q GT u' -t 6r'? V. ) ERIN E. FRENCH ) CIVIL ACTION - LAW Defendant ) IN DIVORCE ORDER OF COURT AND NOW, this day of 07, it is hereby ORDERED and DECREED that the terms and conditions of the attached Stipulation for Entry of Agreed Upon Custody Order are incorporated herein and hereby made an Order of Court. i LIJ Yky ?.. '#1G LL CD Q G °? V C"? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. FRENCH, ) Plaintiff ) V. ) ERIN E. FRENCH, ) Defendant ) NO. 2007-6139 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT IN DIVORCE TO THE PROTHONOTARY: Please reinstate the Complaint in Divorce which was originally filed with your office on October 19, 2007. Date: Z? Respectfully submitted, Donald T. Kissinger, Esquire?- HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Richard P. French GJ (IV ?a s t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. FRENCH, ) Plaintiff ) V. ) ERIN E. FRENCH, ) Defendant ) NO. 2007-6139 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Erin E. French, Defendant in the above-captioned divorce action, hereby accept service of the Complaint in Divorce. Date: olu 0 r' E. Fre a ndant G ? r r _71 ... r r its IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. FRENCH, ) Plaintiff ) V. ) ERIN E. FRENCH, ) Defendant ) NO. 2007-6139 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on October 19, 2007 (reinstated January 23, 2008). 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I . I consent to the entry of a final decree of divorce without notice. 2. 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. 3. i understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. 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: 4 ,gJ-6 V ri E. Frenc , D dant c5a is, C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. FRENCH, ) Plaintiff ) V. ) ERIN E. FRENCH, ) Defendant ) NO. 2007-6139 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on October 19, 2007 (reinstated January 23, 2008). 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. 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: 05r-01 - O q 'chard PAFrench, Plaintiff ca r r. - ? ,c t i e r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. FRENCH, Plaintiff V. ERIN E. FRENCH, Defendant NO. 2007-6139 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by Defendant Erin E. French on January 28, 2008; Acceptance of Service filed on February 1, 2008. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, May 1, 2008; by defendant, April 29, 2008. 4. Related claims pending: No related claims pending. 5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: 5-9-PR Donald T. Kissinger, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg„ PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Richard P. French C? °tr? rv rn ? ? C tr ? + , ???? ? -_ ? r i cG 'c? '? _ ?'r? ? ? e. .. .. µ .? i? :. -'?; prs. ??.:,' ' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. RICHARD P. FRENCH, Plaintiff VERSUS ERIN E. FREN Defendant No. 2007-6139 CIVIL TERM DECREE IN DIVORCE f Zoos AND NOW, a IT IS ORDERED AND DECREED THAT RICHARD P FRENCH , PLAINTIFF, AND ERIN E. FRENCH 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. vv S