Loading...
HomeMy WebLinkAbout04-0575RUTH A. KELLER, VS. ERIC P. KELLER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. O q - 5"75~ Civil Term : : ACTION 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR AL1MONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 RUTH A. KELLER, VS. ERIC P. KELLER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 0~/-,5~7.F Civil Term : : ACTION IN DIVORCE : COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Ruth A. Keller, a competent adult individual, who has resided at 1109 Pheasant Drive N., Carlisle, Cumberland County, Pennsylvania, since 2002. 2. Defendant is Eric P. Keller, a competent adult individual, who resides at 106 Meals Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiffand Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiffand the Defendant were married on August 19, 2000 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiffhas been advised that counseling is available and that plaintiff may have the right to request that the com~ require the parties to participate in counseling. 7. Plaintiffand Defendant have one child together. 8. Plaintiffand Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiffavers that the grounds on which this action is based are: That the marriage is irre~ievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. COUNT H - CUSTODY 1 I. Paragraphs one through ten are herein incorporated by reference. 12. Plaintiff seeks primary custody of the following child: NAME DOB Laney Jean Keller 2/9/2002 The child was bom in wedlock. 1109 Pheasant Drive Carlisle, Pa. 17013 Father and mother currently share legal custody of the child and Mother has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME Ruth A. Keller Eric P. Keller Ruth A. Keller Eric P. Keller Ruth A. Keller ADDRESSES 33 Winchester Gardens Carlisle, Pa. 17013 1109 Pheasant Dr. N Carlisle, Pa. 17013 1109 Pheasant Dr. N. Carlisle, Pa. 17013 DATES 2/02 - 6/02 6/02- 1/03 1/03 - present The mother of the child is: Ruth A. Keller, currently living at: 1109 Pheasant Dr. N., Carlisle, Pa. 17013. She is married to Eric P. Keller. The father of the child is: Eric P. Keller currently residing at: 106 Meals Drive, Carlisle, Pa. 17013. He is married to: Ruth A. Keller. 13. The relationship ofplaintiffto the child is that of MOTHER. The person that the Plalntiffcurrently resides with is: Laney Jean Keller. 14. The relationship of defendant to the child is that of FATHER. The defendant currently resides with: his girlfriend Stephanie, and her son. 15. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plalntiffhas no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because: Mother has been the primary caretaker of this child since the parties semu'ated and can ~rovide a stable and lovine home. 17. Each parem whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plalntiffrequests the Court to grant her primary custody of the child. Date: Respectfully submitted, a~6 Adams, Esquire l). No. 79465 5 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Petition are tree 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. RUTH A. KELLER, VS. ERIC P. KELLER, Plaintiff Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04 - 575 Civil Term : : ACTION 1N DIVORCE : AFFIDAVIT OF SERVICE AND NOW, this February 17, 2004, I, Jane Adams, Esquire, hereby certify that on or about February 13, 2004, a certified true copy of the NOTICE TO DEFEND AND COMPLAINT IN DIVORCE were served, via certified mail, return receipt requested, addressed to: Eric P. Keller 106 Meals Drive Carlisle, Pa. 17013 DEFENDANT ATTORNEY FOR DEFENDANT Respectfully Submitted: ]Esquire 6.! btreet Carlisle, Pa. 17013 (717) 245-8508 ATTORNEy FOR PLAINTIFF RUTH A. KELLER PLAINTIFF V. ERIC P. KELLER DEFE'NDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 04-575 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Monday, February 23, 2004 , 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 4thFloor, Cumberland County Courthouse, Carlisle on Thursday, Marchll, 2004 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 thc 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. Verney. 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 TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE 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 RUTH A. KELLER, VS. ERIC p. KELLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04 - 575 Civil Term ACTION IN DIVORCE -STIPULATION AND CUSTODY AGREEMEN ~ This Stipulation and Custody Agreement is made this/~day of~6~7 by and between RUTH A. KELLER, (Hereinafter referred to as "Mother"), of Carlisle, Pennsylvania, and ERIC P. KELLER, (Hereinafter referred to as "Father"), of Carlisle, Pennsylvania; ,2004, WHEREAS, Mother and Father are the natural parents of one minor child, namely, Laney Jean Keller, date of birth, February 9, 2002; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same fome and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: I. ~ Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, includin educati · . . . . .Both parents shall be entitled to equal access togt~ oh;,~°,~na~m~ e,dlcal',.and~ re. hglous decisions. Important records. ' e ..... ,~ ~ a~Jsoot, mealcal, aental, and other As soon as practicable after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement and subsequent Order. 2. ~ Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 3. Partial Custod . Partial physical custody is the right to take possession ora child away from the custodial parent for a certain period of time. Father shall have partial custody of the child as follows: A. Father shall have a period of partial custody every: Monday and Wednesday. B. Father shall be entitled to an additional block of time with the child on: Easter, Thanksgiving, and Christmas, and on the day after or the day before the child's birthday. C. Father shall always have a block of time with the child on Father's day and Mother shall always have a block of time with the child on Mother's day. D. Father shall have additional times with the child as the parties mutually agree. Nothing in this agreement shall keep the parties from mutually additional periods of custody for Father. agreeing to 4. Tra-~nsportation and Exchanee. The transportation shall be shared equally by the parties, with the parent who is to receive custod at th ' transportation from the residence r l~,,,~:^_ _,,.Y, ~le time of the exchange to provide for o .....L,,,~ o~me omer parent. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. 5. ~ Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the present of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication · and V~Sltat~on period. Each party agrees to su,,,,~,, ,~ .... co, n, cem~ng.the welfare of the child ~.: u.~ ,,une, auaress, uno telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of the Child. Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the shall be the pti---me cons~ ideration gfthe praises application of the provisions of this child Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. Thi and conditions shall exten *,- ..~.~ ~.A ~ . s Agreement and all of its d ~, ,~j,, ut oma~ng upon the part~es hereto and their r ...... :..~te,_m). s personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody schedule shall be. arrangement or visitation 9. Gov___ crning Law_. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. E_~ntire Agreement: This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. yESs:^ RUTH A. KEL~ - ~ J~/I.D. No. 79465 ~ 36S. PittSt. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Mother ER, Father Date: RUTH A. KELLER, VS. ERIC P. KELLER, Plaimiff 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04 - 575 Civil Term : ACTION IN DIVORCE De~ndant : AFFIDAVIT OF SERVICE AND NOW, this March 9, 2004, I, Jane Adams, Esquire, hereby certify that on or about March 8, 2004, a certified true copy of the ORDER SETTING CUSTODY HEARING was served, via certified mail, remm receipt requested, addressed to: Eric P. Keller 106 Meals Drive Carlisle, Pa. 17013 DEFENDANT Respectfully Su..bmitte~ --,~a~e Adams, Esqui 3~!5. No. 79465 ~'~36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF RUTH A. KELLER, VS. ERIC P. KELLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04 - 575 Civil Term ACTION IN DIVORCE ORDER AND NOW, this f 2 ~ day of /'~a,*.~ ,2004, having reviewed the attached agreement between the parties dated March 10, 2004, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court. ¢¢.' Jane Adams, Esquire, for Mother Eric P. Keller, Father RUTH A. KELLER, Plaintiff Vo ER/C P. KELLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-575 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 11th day of March, 2004, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THECOURT, 3racqg~line M. Vemey, Esquire, Custo~nciliatox: RUSH! PLAINTIFF RUSH! RUSH! AFFIDAVIT OF SERVICE -CUMBERLAND (FHLMC) CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGGE COMPANY, S/B/M TO MELLON FINANCIAL SERVICES NO. 04-571 DEFENDANT ALEX C. AVITABILE LINDA M. AVITABILE 19 YORK STREET MALVERNE, NY 11565 SERVE AT: TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED o,co~ and mad? ~no)vn to ~.~, ~'.~ , Defendant on the day of y~ . , '2'0~,a~,,~.,,~. ~ . ck,,~. ~., at J ~ty in the n~a-n~er de's ~d~ed below: / ' ,-'"'Oefendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship· Manager/Clerk of place of lodging in which Defendant(s) reside(s) __.Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, '~~e,/a fio1~petggt .afi~ult; berg,duly sworn according to law, depose and state that I personally hand~o~ a true and corr~~ issued in the captioned case on the da(e anSeat~e address indicated ~bove. '/ - Sworn to and s 5bed gervod gy: ~~ NOT gERVED , of ., 20__, at o'clock __.M. FOUND because: Moved __Unknown No Answer Vacant Other: Sworn to and subscribed Before me the day Of ,20__. Notary: Not g~rved ~y: FEDERMAN AND PHELAN, LLP Attorneys For Plaintiff Frank Federman, Esquire - LD.#12248 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 RUTH A. KELLER, Plaintiff VS. ERIC P. KELLER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 0/'-/- ~ 7~ Civil Term ; : ACTION IN DIVORCE : AFFIDAVIT OF CONSEN'__ 1. A complaint in divorce under section 3301(c) &the Divorce Code was filed on February 10, 2004. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 5 -~}../. O G] Ruth A. Kelle~'~ Pla~c~ ~.VAIVER OF NOTICE OF INTENTION _TO REQUEST ENTRY OF A DIVORCE D~-~REE _UNDER §3301(c) AND §3301(d) OF THE OlVt I~OE 1. I consent to entry of a final decree of divorce without notice. 2. ! understand that I may lose rights concerning alimony, division of property, l ' ifl do not claim them before a divorce is granted, awyer s fees or expenses 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 bc sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are truc and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 re~ to unsworn falsification to authorities. Ruth A. Keller, Plaintiff RUTH A. KELLER, VS. ERIC P. KELLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O"-/- ~- 7--~-- Civil Term : · ' ACTION IN DIVORCE A~FFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on February 10, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also undemtand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Date: WAIVER OF NOTICE OF INTENTION _TO REQUEST ENTRY OF A DIVORCE DV:~REE ~ND $3301(d) OF THE DIVOP. CE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, 1 ' ifl do not claim them before a divorce is granted, awyer s fees or expenses 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 mc immediately after it is filed with the Prothonotary. 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. {}4904 relating to unsworn falsification to authorities. RUTH A. KELLER, VS. ERIC P. KELLER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04 - 575 Civil Term : : ACTION 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 [3_3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail~ re~stricted delivery, return receipt requested, delivered on: Feb--~ry 13, 2004. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: May 21, 2004. By Defendant: 4. Related claims pending: None. May21,2004. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 25, 2004. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 25, 2004. Date: ~_~Respectfully Subm~itted: Esquire ii. DJ No. 79465 3~S. Pitt Street "~Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Ruth A. Keller, Plaintiff No. 04 - 575 Civil Term NC). VERSUS Eric P. Kelle~, Defendant DECREE IN DIVORCE AND NOW, ~ Ruth A. Keller DECREED THAT Eric P. Keller AND , ~Oy , IT IS ORDERED AND ,PLAINTIFF, ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOI_LOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. BY THE COURT: PROTHONOTARY