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HomeMy WebLinkAbout07-6891• CHARLES E. CAREY, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY KATHLEEN A. CAREY,' Defendant :NO. 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 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 at: Office of the Prothonotary Cumberland County Court House 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 i CHARLES E. CAREY, Plaintiff V. KATHLEEN A. CAREY, Defendant JN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY :NO. COMPLAINT Oto;,C-?n AND NOW comes the Plaintiff, Charles E. Carey, who, by and through his attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, Esquire, and Beckley & Madden, of Counsel, files this Complaint, in which he avers that: 1. Plaintiff, Charles E. Carey, is an adult individual residing at 132 N. 26th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Kathleen A. Carey, is an adult individual residing at 132 N. 26`h Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on April 25, 1992. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff s marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Charles E. Carey, respectfully requests the Court to enter a Decree of Divorce. COUNT II REQUEST FOR CUSTODY, PARTIAL CUSTODY, AND/OR VISITATION UNDER SECTION 5303 OF THE DIVORCE CODE 11. Plaintiff seeks shared physical and legal custody of the following children: Name Present Residence Age Emily A. Carey 132 N. 26th Street 13 Camp Hill, PA 17011 2 1 Name Present Residence Age Christopher P. Carey 132 N. 26th Street 11 Camp Hill, PA 17011 Timothy P. Carey 132 N. 26th Street 8 Camp Hill, PA 17011 Joseph P. Carey 132 N. 26th Street 6 Camp Hill, PA 17011 The children were not born out of wedlock. 12. The children are presently in the custody of Plaintiff and Defendant who reside at 132 N. 26th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 13. During the past five years, the children have resided with the following persons and at the following addresses: Persons Address Dates Plaintiff and Defendant 132 N. 26th Street birth till present Camp Hill, PA 17011 14. The Mother of the children is Kathleen A. Carey, currently residing at 132 N. 26th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 15. The Father of the children is Charles E. Carey, currently residing at 132 N. 26th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 16. The relationship of Plaintiff to the children is that of Father. Plaintiff currently resides with the following persons: Defendant and the parties' minor children. 17. The relationship of Defendant to the children is that of Mother. Defendant 3 currently resides with the following persons: Plaintiff and the parties' minor children. 18. 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. 19. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 20. 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. 21. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been an equal and active participant in the care of the children since birth. 22. 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. 4 WHEREFORE, pursuant to 23 Pa.C.S.A. §5303, Plaintiff, Charles E. Carey, respectfully requests the Court to grant him shared physical and legal custody of the parties' minor children. DATED: 1 ??J3-o?' of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, iz eth S. Bec Charles eckley, II 5 VERIFICATION I, Charles E. Carey, hereby verify that the statements made in the foregoing document 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 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: 8-8-0-01, ?? L/- Ca'nei- Charles E. Carey n Q ?' Gr O nv?) ¦ V C's C _4a J? fV 0 ra CD ?.A i V i V ?t V , , f V CHARLES E. CAREY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KATHLEEN A. CAREY 2007-6891 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 20, 2007 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 Coun Courthouse, Carlisle on Thursday, December 13, 2007 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in at 8:30 A dispute; oM 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/ Jacqueline M T'erne Es !9' Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4,t*v ity -;o, - /ow? ?q, J-e,lt ;;q?,/ fw 7, /?"*V CHARLES E. CAREY, Plaintiff V. KATHLEEN A. CAREY, Defendant JN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY :NO. 2007 CV 6891 ACCEPTANCE OF SERVICE I, Susan K. Pickford, Esquire, hereby accept service of the Divorce and Custody Complaint as well as the Notice for the Custody Conciliation filed to the above-captioned docket number on behalf of my client, the Defendant, Kathleen A. Cary. DATED: //_ c N Q, ) _ cn C:)rn DEC 1 3 2007y41 CHARLES E. CAREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-6891 CIVIL ACTION - LAW KATHLEEN A. CAREY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this /-;' day of -6 , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Charles E. Carey and the Mother, Kathleen A. Carey, shall have shared legal custody of Emily A. Carey, born January 8, 1994 Christopher P. Carey, born March 16, 1996, Timothy P. Carey, born June 10, 1999 and Joseph P. Carey, born September 5, 2001. 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 23 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. The parents shall have shared physical custody on a week on/week off basis with the exchange day and time being Fridays after school, except that during Father's custodial week, the children shall return to Mother after school until Father picks them up after work. Father's week shall begin Friday, December 14, 2007 and the parties shall alternate weeks thereafter. 3. The non-custodial parent shall have physical custody of the children on Tuesdays until 8:30 p.m. Ff1.ED4) riCE OF 1N PF 1` N-0-TARY 2007 DEC 17 AM It: 50 CUM j- L,-. iLi WUNT'Y YL.VANiA 4. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 5. In the event that either party is in need of a babysitter for more than two hours, they shall contact the non-custodial parent and offer said time to that parent. 6. The parties shall cooperate with a custody evaluation to be performed by an evaluator agreed to by counsel for the parties. Payment for the evaluation shall be paid for out of marital funds. 7. Neither party may consume alcohol to the point of intoxication or take illegal drugs immediately before or during their period of physical custody. 8. 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. Either party may schedule another Custody Conciliation Conference once the custody evaluation is completed. BY THE COURT, ???f sae J. c?zabeth S. Beckley, Esquire, Couns for Father S'san Pickford, Esquire, Counsel for other A CHARLES E. CAREY, Plaintiff V. KATHLEEN A. CAREY, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-6891 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Emily A. Carey January 8, 1994 Mother Christopher P. Carey March 16, 1996 Mother Timothy P. Carey June 10, 1999 Mother Joseph P. Carey September 5, 2001 Mother 2. A Conciliation Conference was held in this matter on December 13, 2007, with the following in attendance: The Father, Charles E. Carey, with his counsel, Elizabeth S. Beckley, Esquire, and the Mother, Kathleen A. Carey, with her counsel, Susan Pickford, Esquire. 3. Although Mother is opposed to a shared physical custody arrangement, she agreed to it pending a custody evaluation. 4. The parties agreed to an Order in the form as attached. t2-ry-off Date b. VLA?? 16cquAne M. Verney, Esquire Custody Conciliator CHARLES E. CAREY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA VS : CIVIL ACTION- LAW : IN DIVORCE.CUSTODY KATHLEEN A. CAREY, , Defendant : Docket No. 07-6891 PRAECIPE OF ENTRY OF APPEARANCE To Prothonotary: Please enter the appearance of the undersigned counsel with respect to Defendant, Kathleen A. Carey. Respectfully NEALON GOVEN A P q James G. Nealon, III, Esquire NEALON, GOVER & PERRY Atty. I . D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 .?' CERTIFICATE OF SERVICE AND Now, this I , day of January, 2008, 1 hereby certify that I have served the foregoing Entry of Appearance on the following via first-class mail: Elizabeth S. Beckley, Esquire BECKLEY & MADDEN 212 N. 3`d Street Harrisburg, PA 17108 James G. Nealon, Ill., Esquire C-3 r j (# -71 ...f.t .. rp v, ?? Y Y CHARLES E. CAREY, Plaintiff VS KATHLEEN A. CAREY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION- LAW IN DIVORCE.CUSTODY Docket No. 07-6891 PRAE IPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance previously entered on behalf of the Defendant, Kathleen A. Carey. Respectfully submitted, By: Susan K. Pick brd, E Attorney I.D. o. 3344 Trindle Road Camp Hill, PA 17011 (717) 612-1660 Dated: AND NOW, this ? day of January, 2008, I hereby certify that I have served the foregoing PRAECIPE FOR WITHDRAWAL OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Elizabeth S. Beckley, Esquire BECKLEY & MADDEN 212 N. Td Street Harrisburg, PA 17108 James G. Nealon, III, Esquire : x - 1- ICI .gip CHARLES E. CAREY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS : CIVIL ACTION- LAW KATHLEEN A. CAREY, Defendant : Docket No. 07-6891 STIPULATION WHEREAS, on November 14, 2007, Charles E. Carey ("Husband") filed a Complaint for Divorce; and WHEREAS, the Parties separated on October 31, 2007; and WHEREAS, subsequent to separation, Husband acquired several debts; and WHEREAS, the parties have recently begun to reside in the marital residence; and WHEREAS, the parties desire that any debt acquired by either party during separation not be considered marital debt in the event that either party proceeds with the instant divorce action or any subsequent divorce action. NOW THEREFORE, intending to be legally bound, the parties hereby Stipulate as follows: 1. Husband has disclosed that he has a PSECU Visa credit card with a balance of approximately $19,649.23, a PSECU signature loan with an approximate balance of $9,401.57 and a Chase credit card with an approximate balance of $9,543.25. 2. The aforesaid debts were acquired subsequent to separation and prior to the parties recent resumption of living in the marital residence. 3. The aforesaid debts shall be Husband's sole and separate responsibility. Husband shall solely be responsible for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 4. To the extent that either party has incurred any debts after separation to the present, which have not been disclosed herein, the debt shall be the sole and separate responsibility of the party incurring such debt. Said party shall solely be responsible for payment thereof, and agrees to indemnify and save harmless the other party from any loss he/she may sustain, including attorney fees, as a result of any default in payment. ../ 5. If either party proceeds with the instant divorce action or any subsequent divorce action, the Parties agree that any debt incurred from the date of separation to the present shall not be considered by the Court when equitably dividing the marital assets and liabilities of the parties. 6. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. arles Carey, III, E iz et ec Counsel for Plaintiff James G. Nealon, III, Esquire Counsel for Defendant . + no. t. rte. CHARLES E. CAREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-6891 CIVIL ACTION - LAW KATHLEEN A. CAREY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 14th day of September, 2009, neither party having requested another conciliation conference and ninety days having passed since the last conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Jac eline MV Esquire, stody Conciliator OF THEE 2099 SEP IS AM 9: 2 4 /A rl Jif4 ,