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HomeMy WebLinkAbout08-4415AMANDA B. TSCHUDY, Plaintiff V. JOSHUA J. TSCHUDY, Defendant NOTICE TC :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE :NO. i 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 AMANDA B. TSCHUDY, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY JOSHUA J. TSCHUDY, Defendant :NO. COMPLAINT AND NOW comes the Plaintiff, Amanda B. Tschudy, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Amanda B. Tschudy, is an adult individual residing at 446 Big Spring Road, New Cumberland, York County, Pennsylvania 17070. 2. Defendant, Joshua J. Tschudy, is an adult individual residing at 14 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 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 December 27, 2004. 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 she 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, Amanda B. Tschudy, 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 primary physical custody of the following children: Name Present Residence Date of Birth Tyler J. Tschudy 446 Big Spring Road 7/16/2005 New Cumberland,PA 17070 Maximus E. Tschudy 446 Big Spring Road 11/18/2006 New Cumberland, PA 17070 The children were not born out of wedlock. 12. The children are presently in the custody of Plaintiff who resides at 446 Big Spring Road, New Cumberland, York County, Pennsylvania 17070. 13. During the past five years, the children have resided with the following persons and at the following addresses: Persons Plaintiff and Defendant Address 426 Boxwood Court Mechanicsburg, PA 17050 Dates birth of 1st child till 2/06 2 Plaintiff and Maternal 446 Big Spring Road 2/06 till 1/07 Grandparents New Cumberland, PA 17070 * Defendant moved into 446 Big Spring Road in May 06 and remained until 1/07 Plaintiff and Defendant 413 Ross Avenue, Apt C 1/07 till 6/08 New Cumberland, PA 17070 Plaintiff and Maternal 446 Big Spring Road 6/08 to present Grandparents New Cumberland, PA 17070 14. The Mother of the children is Amanda B. Tschudy, currently residing at 446 Big Spring Road, New Cumberland, York County, Pennsylvania 17070. 15. The Father of the children is Joshua J. Tschudy, currently residing at 14 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 16. The relationship of Plaintiff to the children is that of Mother. Plaintiff currently resides with the following persons: The parties minor children and her parents Mark and Cathy Telencio. 17. The relationship of Defendant to the children is that of Father. Defendant currently resides with the following persons: His parents. 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 the primary caretaker of the children since birth. 3 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. WHEREFORE, pursuant to 23 Pa.C.S.A. §5303, Plaintiff, Amanda B. Tschudy, respectfully requests the Court to grant her primary physical and joint legal custody of the parties' minor children. DATED: 7/0,3/ay of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 4 Respectfully submitted, VERIFICATION I, Amanda B. Tschudy, 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. q,34 u DATED: Amanda B. Tschudy C;?? ?.? ?, - MyT? ? Y+, a 1 w..- w t?? AMANDA B. TSCHUDY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSHUA J. TSCHUDY DEFENDANT • 2008-4415 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, July 28, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Friday, August 22, 2008 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 al;e 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/ Dawn S. Sunday, 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 Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4,.Wl?,kv -%. A"w 46 -r6 f - 4,2 17-?4 /Or,,-Ow fr? *-r -x "Orw Aw jj 44r t, )3, • F :0: R 8 Ar Boaz AUG 2 7 2008 AMANDA B. TSCHUDY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-4415 CIVIL ACTION LAW JOSHUA J. TSCHUDY Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2008, upon consideration of the attached Custody Conciliation Report, it ' ordered and directed as follows: 1. The Mother, Amanda B. Tschudy, and the Father, Joshua J. Tschudy, shall have shared legal custody of Tyler J. Tschudy born July 16, 2005 and Maximus E. Tschudy born November 18, 2006. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends, beginning August 30, 2008, on both Saturday and Sunday from 8:00 a.m. until 7:00 p.m. In addition, the Father shall have custody of the Children during an afternoon or evening each week for at least three (3) hours as arranged by agreement between the parties. The Father shall provide as much notice as possible to the Mother for the weekly period of custody. 4. Unless otherwise agreed between the parties, the Father shall provide transportation for all exchanges of custody. 5. The parties shall share having custody of the Children on holidays, with the specific times and dates to be arranged by agreement between the parties. The Father shall have custody of the Children every year on Father's Day and the Mother shall have custody of the Children every year for Mother's Day from 8:00 a.m. until 7:00 p.m. 6. Beginning in 2009, the parties shall make arrangements for periods of summer vacation custody by agreement. 7. The Father shall not leave the Children alone in the care of the paternal grandparents. In the event the Father is unavailable to provide care for the Children during his period of custody, the Father shall contact the Mother to provide the care. The Mother shall also provide the Father with an opportunity to provide care for the Children during periods of unavailability. 8. Each parent shall ensure that the other parent has his or her current address and telephone number on an ongoing basis. 9. Neither party shall use illegal drugs or consume alcohol to excess during periods of custody with the Children. 10. 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 Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 11. Within ninety (90) days of the date of this Order, either party or counsel may contact the conciliator to schedule an additional custody conciliation conference, if necessary to review the custodial arrangements after the Father has relocated from the paternal grandparents' residence. 12. 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. cc: fr eth S. Beckley, Esquire - Counsel for Mother shua T. Tschudy -Father ^ \ 4 LI ;. C co v; 21 N AMANDA B. TSCHUDY Plaintiff VS. JOSHUA J. TSCHUDY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4415 CIVIL ACTION LAW IN CUSTODY 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler J. Tschudy Maximus E. Tschudy July 16, 2005 November 18, 2006 Mother Mother 2. A custody conciliation conference was held on August 22, 2008, with the following individuals in attendance: the Mother, Amanda B. Tschudy, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Joshua T. Tschudy, who participated in the conference by speaker phone from the court house. The Father is not represented by counsel. 3. The parties agreed to entry of an Order in the form as attached. y/a?/0S Date /? ? 2 J(4 ? / awn S. unday, Esquire Custody Conciliator 1 SHERIFF'S RETURN - REGULAR CASE NO: 2008-04415 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TSCHUDY AMANDA B VS TSCHUDY JOSHUA J STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon rr0f'UTMV .-MCUTTA .T the DEFENDANT , at 0013:10 HOURS, on the 9th day of August , 2008 at 14 W LISBURN ROAD MECHANICSBURG, PA 17055 JAMES TSCHUDY by handing to FATHER OF DEFENDANT a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.00 Affidavit .00 Surcharge 10.00 Postage Q) b;L ,a1 q4 42 40 42 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 08/11/2008 BECKLEY & MADDEN By: Deputy Sheriff A. D. ! -ft AMANDA B. TSCHUDY, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW : IN DIVORCE JOSHUA J. TSCHUDY, Defendant :NO. 08 - 4415 AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 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 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: Ig J shua . Ts ,Yti, t- 1 ? ? ? ?`? M . iq 1 ? n s 1 S ` (-?.' J : ?, 4 r :,,! , : k ?•,4?15 AMANDA B. TSCHUDY, Plaintiff V. JOSHUA J. TSCHDUY, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW IN DIVORCE :NO. 08 - 4415 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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 unworn falsification to authorities. Dated: 9/g ov J shua .Tschu y L.., ai AMANDA B. TSCHUDY, Plaintiff V. JOSHUA J. TSCHUDY, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : IN DIVORCE :NO. 08 - 4415 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 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 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: J Amanda B. Tschud Y C c r r? ?1 ? s {' 7 . i/ ,. p AMANDA B. TSCHUDY, Plaintiff V. JOSHUA J. TSCHDUY, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 08 - 4415 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. ,g) 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 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. Dated: Amanda B. Tschudy T p .. f' r ? r ;r: AMANDA B. TSCHUDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE JOSHUA J. TSCHUDY, Defendant : NO. 08 -- 4415 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for the entry of a Decree of Divorce. 1. Ground for divorce: irretrievable breakdown of the marriage under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: the complaint was served on a Joshua J. Tschudy, on August 9, 2008, by the Sheriff. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on April 27, 2009; by defendant on April 27, 2009. 4. Related claims pending: No economic claims raised. 5. (a) Date plaintiff's Waiver of Notice April 27, 2009, and it is being filed contemporaneously herewith. (b) Date defendant's Waiver of Notice April 27, 2009, and it is being filed contemporaneously herewith. DATED: of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Respectfully submitted, 1' abet Attorney for Plainti r-?r ? ?,.r r ?r ^?n nor ,s IN THE COURT OF COMMON PLEAS OF AMANDA B. TSCHUDY CUMBERLAND COUNTY, PENNSYLVANIA V. JOSHUA J. TSCHUDY NO 08 -- 4415 DIVORCE DECREE AND NOW, 1?? - , 7<n9ol , it is ordered and decreed that AMANDA B. TSCHUDY plaintiff, and JOSHUA J. TSCHUDY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. By Attest: J. rothonotary 4e.eX4 I