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HomeMy WebLinkAbout08-4483KERI A. TORRENT, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - FAMILY DIVISION CASE NO.: 0 yc? 3 cN % I ADAM C. TORRENT SR., Defendant 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. 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. Court Administrator 4'h Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AAA'192 1 KERI A. TORRENT, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - FAMILY DIVISION CASE NO.: ADAM C. TORRENT SR., Defendant AVISO USTED HA SIDE DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar action dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Court Administrator 4t' Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Cumberland County, Pennsylvania Court of Common, Pleas Family Division 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 Family Division. You must attend the scheduled hearing. BY THE COURT, Date: J. KERI A. TORRENT, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - FAMILY DIVISION CASE NO.: ADAM C. TORRENT SR., Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Keri A. Torrent, residing at 11 East Greenhouse Road, Dillsburg, York County, Pennsylvania. 2. The Defendant is Adam C. Torrent Sr., residing at 414 South Market Street, Apartment 1, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children Name Present Residence Age Adam C. Torrent, Jr. 11 East Greenhouse Road, Dillsburg 4 Annalise Marie Torrent 11 East Greenhouse Road, Dillsburg 3 4. The children were born during the marriage of the parties on May 12, 2004 (Adam Torrent, Jr.) and March 18, 2005 (Annalise Marie Torrent). 5. During the life of the children, they resided with the following persons and at the following addresses: Name Keri Torrent David Pepperman Kathleen Pepperman Cecilia Poziemski Marisa Poziemski Relationship Mother Maternal Grandfather Maternal Grandmother Maternal Aunt Maternal Aunt Address 11 East Greenhouse Road, Dillsburg s Keri Torrent Mother Adam Torrent Father 414 S. Market Street, Apt. 1, Mech. Keri Torrent Mother 100 S. Filbert Street, Apt. D-4, Mech. Adam Torrent Father 6. The mother of the children is Keri Torrent, currently residing at 11 East Greenhouse Road, Dillsburg, Pennsylvania. 7. The father of the children is Adam Torrent, currently residing at 414 South Market, Apartment 1, Mechanicsburg, Pennsylvania. 8. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the following: Name David Pepperman Kathleen Pepperman Cecilia Poziemski Marisa Poziemski Relationship Maternal Grandfather Maternal Grandmother Maternal Aunt Maternal Aunt 9. The relationship of Defendant to the children is that of father. Upon information and belief, the Defendant currently resides alone. 10. 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. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth except for those proceedings taking place in this Court. 12. 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. -2- 13. The best interest and permanent welfare of the children will be served by granting the relief requested because Keri Torrent has been the primary caregiver to the children. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant her primary physical custody of the children. Respectfully submitted, KERI A. TORRENT pro se -3- VERIFICATION Keri A. Torrent, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities, that the facts set forth in the Custody Complaint are true and correct to the best of her knowledge, information and belief. Date Keri A. Torrent N t? . INL rrte_, v` n ?Q ?- er tCl , i6 f ! ' fTl . c- n ` KERI A. TORRENT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4483 CIVIL ACTION LAW ADAM C. TORRENT, SR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, July 30, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 03, 2008 at 10:30 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. 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/ John 1. Mangan, Jr., Esq. , arCustody Conciliator f 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 A?v KERI A. TORRENT, Plaintiff V. ADAM C. TORRENT SR., Defendant SEP 11 2008p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4483 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of September 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Adam C. Torrent, Sr., and the Mother, Keri A. Torrent, shall have shared legal custody of Adam C. Torrent, Jr., born 05/12/2004 and Annalise M. Torrent, born 03/18/2005. The parties shall have an equal right 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 of 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. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing September 12, 2008, Father shall have physical custody of the Children every other weekend from Friday 7:00 pm until Sunday 7:00 pm. b. Father shall have physical custody of the Children between the days of Monday through Friday for periods of time as the parties may mutually agree. In the absence of agreement, Father shall have physical custody of the Children from after day care on every Wednesday until Wednesday evening at 7:00 pm. C. Father shall provide the transportation for picking up and dropping off the subject Children, unless the parties mutually agree otherwise. d. Father shall have additional periods of physical custody of the Children at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Holidays: The parents shall alternate the holidays and arrange the holiday schedule as attached unless otherwise mutually agreed upon. 5. Each parent shall have two non-consecutive weeks of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the ?:ti.. :.n choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 6. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. Relocation: The parties have negotiated the custody portions of this Order based upon the parties' residence in Cumberland County. If either party intends to establish residency outside of Cumberland County, he or she must give to the other parent at least sixty (60) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 11. This Order is entered pursuant to 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. By V J. istribution: Adam Torrent, Sr., 100 South Filbert Street, Apt. F2, Mechanicsburg, PA 17055 ,/ n A. Torrent, 347 B Gettysburg Pike, Mechanicsburg, PA 17055 ohn J. Mangan, Esquire 0.6Pr ul1 a/(,job Li/lq Y N U-y ?R C= CZP 8 ? N HOLIDAYS AND TIlVIES EVEN ODD SPECIAL DAYS Eas ter Da 1 S Half ° From 9 am until 3 m YEARS Fath er YEARS Mother Easter Da 2 Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father _Independence Da Fro19 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or Thanksgiving 1St m 8 am Thanksgiving Day to 2 Father Mother Half on Thanks ivin Da Thanksgiving 2° FF m 2 pm on T hanksgiving Day to Mother Father half n the da after Thanksgiving Da Christmas 1 S Half From noon on 12/24 to noon on Father Mother 12/25 Christas 2° Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination) Mother's Day 1 ' From 9 am until 9 m Mother Mother Father s Da From 9 am until 9 m Father Father O? KERI A. TORRENT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4483 CIVIL ACTION LAW ADAM C. TORRENT SR., IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Adam C. Torrent, Jr. 05/12/2004 p Annalise M. Torrent 03/18/2005 runary Mother Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 10, 2008 with the following individuals in attendance: The Mother, Keri A. Torrent, pro se The Father, Adam C. Torrent, Sr., pro se 3. The parties agreed to the entry of an Order in the form as attached. Date VCusdy an, Esquire onciliator OCT 14 20086 KERI A. TORRENT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4483 CIVIL ACTION LAW ADAM C. TORRENT SR., IN CUSTODY Defendant Prior Judge: Edgar B. Bayley, P.J. ORDER OF COURT AND NOW this 14 day of October 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order dated September 15, 2008 shall remain in full force and effect with the following modification. 2. In regard to paragraph 2 (c) of the Order dated September 15, 2008, by agreement, Father shall provide the transportation for picking up and dropping off the subject Children, unless the parties mutually agree otherwise. Father shall pick up and drop off the Children at Mother's residence's driveway or curbside on the street. Father shall not come to the porch of Mother's residence or come inside Mother's residence. The parties shall ensure that the custody exchanges do not involve any form of conflict or negative behaviors. 3. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent. the terms of this Order shall cnntrnl istribution: Torrent, Sr., 100 South Filbert Street, Apt. F2, Mechanicsburg, PA 17055 ?.,IYAId*am ri A. Torrent, 347 B Gettysburg Pike, Mechanicsburg, PA 17055 John J. Mangan, Esquire %sfde c cv Lij LL a Ck- - on (2 - 0 C W 41 KERI A. TORRENT, Plaintiff V. ADAM C. TORRENT SR., Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4483 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVH, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Adam C. Torrent, Jr. 05/12/2004 Primary Mother Annalise M. Torrent 03/18/2005 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 10, 2008 with the following individuals in attendance: The Mother, Keri A. Torrent, pro se The Father, Adam C. Torrent, Sr., pro se 3. An Order of Court dated September 15, 2008 was issued. 4. Mother has indicated that there has been some issues regarding the exchange location and attempts to reach Father have been unsuccessful. The undersigned recommends the entry of an Order in the form as attached. Date John J/Ma gan, Esquire Custo y Conciliator