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HomeMy WebLinkAbout08-5630IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YING FEI MOLLICA, Plaintiff No. O e --sL3D («t- CT kn vs. CHARLES J. MOLLICA, Defendant : Action in Divorce TO: Charles J. Mollica: 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, if any. When the grounds 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, 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of York 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. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 (717)249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YING FEI MOLLICA, Plaintiff )4, 0 '5-4 a VS. CHARLES J. MOLLICA, Action in Divorce Defendant : COMPLAINT IN DIVORCE 1. Plaintiff is Ying Fei Molica, who currently resides at 303 East Main Street, Mechanisburg, Pennsylvania, 17055. 2. Defendant is Charles Mollica, who currently resides at 303 East Middle Street, Cumberland County, Pennsylvania, 17055. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least four years immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 20, 2004, in Glenside, Pennsylvania. 5. There have been no prior actions in divorce or for annulment between the parties to this action. 6. The marriage is irretrievably broken. 7. Neither the Plaintiff nor Defendant is in the military or Naval Service of the United States or its allies within the provisions of the Soldiers and Sailors Civil Relief Act of the Congress of 1940, and its amendments. 8. Plaintiff has been advised of the availability of counseling and is aware of the right to request that the Court require the parties to participate in counseling. Count I Request for a No-fault Divorce Under Section 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. After 90 days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, if both parties file Affidavits consenting to a divorce after 90 days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. Count II Request for Equitable Distribution under Section 3502 of the Divorce Code 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Plaintiff and Defendant have acquired property, both real and personal, during the marriage. 13. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests Your Honorable Court to enter an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just, plus costs. COU T III Request for Alimony Pendente Lite and Alimony under Section 3701 and Section 3702 of the Divorce Code 22. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 23. Plaintiff is unable to sustain herself during the course of litigation. 24. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 25. Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing, and thereupon to enter an order of alimony in her favor pursuant to Section 3701 and Section 3702 of the Divorce Code. 26. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. WHEREFORE, Plaintiff respectfully requests the Court to enter an award of alimony pendente lite until final hearing, and thereupon to enter an Order of alimony in her favor pursuant to Section 3701 and Section 3702 of the Divorce Code. COUNT IV Request for Counsel Fees, Costs and Expenses Under Section 3104, Section 3323 and Section 3702 of the Divorce Code 27. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 28. Plaintiff has retained Jeffery M. Cook to represent her in this matrimonial cause. 29. Plaintiff is unable to pay the necessary counsel fees, costs and expenses, and Defendant is more than able to pay them. 30. Reserving the right to apply to Court for temporary counsel fees, costs and expenses prior to the final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff s reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that pursuant to Section 3104, Section 3323 and Section 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff s reasonable counsel fees, costs and expenses. in. BY: Jeffery M. Cook Attorney for Plaintiff 234 Baltimore Street Gettysburg, PA 17325 (717) 334-8516 V_eri f cation I verify that the statements made in the, Complaint 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. Date Ying Fei Mollica ,rj W O 1 \! I 4 LV V C Q ao Sri.,, N v^ - m TL _ 1. t .Y ?l 5 v ti? Q:?b A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YING FEI MOLLICA„ NO. 08-5630 PLAINTIFF VS. CHARLES J. MOLLICA, ACTION IN DIVORCE DEFENDANT TO: Charles J. Mollica: 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, if any. When the grounds 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 (717)249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YING FEI MOLLICA, No. 08-5630 Plaintiff VS. : CHARLES J. MOLLICA, Action in Divorce Defendant AMENDED COMPLAINT IN DIVORCE 1. Plaintiff is Ying Fei Molica, who currently resides at 303 East Main Street, Mechanisburg, Pennsylvania, 17055. 2. Defendant is Charles Mollica, who currently resides at 303 East Middle Street, Cumberland County, Pennsylvania, 17055. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least four years immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 20, 2004, in Glenside, Pennsylvania. 5. There have been no prior actions in divorce or for annulment between the parties to this action. 6. The marriage is irretrievably broken. 7. Neither the Plaintiff nor Defendant is in the military or Naval Service of the United States or its allies within the provisions of the Soldiers and Sailors Civil Relief Act of the Congress of 1940, and its amendments. 8. Plaintiff has been advised of the availability of counseling and is aware of the right to request that the Court require the parties to participate in counseling. Count I Request for a No-fault Divorce Under Section 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. After 90 days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, if both parties file Affidavits consenting to a divorce after 90 days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. Count II Request for Equitable Distribution under Section 3502 of the Divorce Code 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Plaintiff and Defendant have acquired property, both real and personal, during the marriage. 13. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests Your Honorable Court to enter an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just, plus costs. COUNT III Request for Alimony Pendente Lite and Alimony under Section 3701 and Section 3702 of the Divorce Code 22. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 23. Plaintiff is unable to sustain herself during the course of litigation. 24. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 25. Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing, and thereupon to enter an order of alimony in her favor pursuant to Section 3701 and Section 3702 of the Divorce Code. 26. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. WHEREFORE, Plaintiff respectfully requests the Court to enter an award of alimony pendente lite until final hearing, and thereupon to enter an Order of alimony in her favor pursuant to Section 3701 and Section 3702 of the Divorce Code. COUNT IV Request for Counsel Fees, Costs and Expenses Under Section 3104, Section 3323 and Section 3702 of the Divorce Code 27. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 28. Plaintiff has retained Jeffery M. Cook to represent her in this matrimonial cause. 29. Plaintiff is unable to pay the necessary counsel fees, costs and expenses, and Defendant is more than able to pay them. 30. Reserving the right to apply to Court for temporary counsel fees, costs and expenses prior to the final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that pursuant to Section 3104, Section 3323 and Section 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. COUNT V Request for Custody under Section 3104 and Section 3323 of the Divorce Code 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The parties hereto have one minor child born of this marriage: Nash James-Ying Mollica, born December 27, 2006. 13. Said minor child resides with plaintiff and defendant at 28 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 14. The child has resided at the following location since birth: 303 East Main Street, Mechanicsburg, PA 17055. 15. The Plaintiff has not participated as a party, witness or otherwise in any other litigation concerning the custody of the child in Pennsylvania or in any other state. 16. Plaintiff does not have information of any custody proceeding concerning the child in any Court of Pennsylvania or any other state. 17. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the child, or who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests an Order be entered awarding primary physical custody of the minor child, Brandon Michael Townsend, with Defendant being afforded reasonable visitation/partial custody rights. BY: M - C4-A Jeffery M. Cook Attorney for Plaintiff 234 Baltimore Street Gettysburg, PA 17325 (717) 334-8516 Verification I verify that the statements made in the Complaint 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. ate Ying Fei Mollica OJA FILEL, OF THE R,7: 7, T AA Y 2009 AUG 20`1 H lG: 01 6 4 IOa. oa PO AT" Cr"` y439 t?r? aaq ?a8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YING FEI MOLLICA. PLAINTIFF VS. CHARLES J. MOLLICA, DEFENDANT NO. 08-5630 ACTION IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, this f"day of 2009, comes Ying Fei Mollica, by her counsel, Jeffery M. Cook, and files the following Complaint for Custody: 1. The plaintiff is Ying Fei Mollica, an adult individual, residing at 303 E. Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Charles J. Mollica, an adult individual, residing at 303 E. Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The plaintiff seeks physical custody and legal custody of the following child: Nash James Ying Mollica, age two (2) years and having a date of birth of December 27, 2006. 4. The child is presently in the custody of plaintiff, Ying Fei Mollica. 5. Said minor child was born of the marriage between plaintiff and defendant. 6. During the past two (2) years, said minor child has resided with both parents at 303 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 7. Plaintiff and defendant remain separated and a divorce proceeding has been initiated by plaintiff. 8. Plaintiff has not participated as a party or witness or in any other capacity relating to the custody of the child in this or any other jurisdiction. 9. Plaintiff has no knowledge of a custody proceeding concerning the child pending in this or any other jurisdiction. 10. Plaintiff does not know of a person not a party to this proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. The child's best interest and permanent welfare will be served by granting the relief requested because the plaintiff has provided continuity of care for said minor child and is more is the parent most fit to care for the child and can provide the best environment and atmosphere in which the child can grow into adulthood. WHEREFORE, Plaintiff requests the Court to grant her physical custody and legal custody of the minor child, Nash James Mollica Ying. Respectfully Submitted, BY: hA, 6"" , Jeffery Cook Attorney for Plaintiff 234 Baltimore Street Gettysburg, PA 17325 (717) 334-8516 VERIFICATION I verify that the statements in this Complaint 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. Ying ei Mollica FUD-CXFICE OF THE Pwyohmmy 2009 SEP - 9 PM !Z: 4 6 Ctl?vl? ? -;'v YING FEI MOLLICA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES J. MOLLICA Di FFNDANT 2008-5630 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 16, 2009 , 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 County Courthouse, Carlisle on Wednesday, September 23, 2009 at 1:30 PM 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/ Jacqueline M. Verney, Esq. i? 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 'IOT PY 20 9 SEP i Pfi 12: MAR 0 2 2010 CHARLES MOLLICA : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5487 CIVIL ACTION - LAW YING FEI MOLLICA, Defendant : IN CUSTODY YING FEI MOLLICA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2008-5630/ CIVIL ACTION - LAW CHARLES J. MOLLICA, : IN CUSTODY Defendant C c .gf ra cv O = L €?' ORDER OF COURT - x T-) s a 3 AND NOW, this day of , 2010, up consideration of the attached Custody Conciliation Report, it is ordered and dire4d a follows: 1. The dockets in the above matters are hereby consolidated. 2. The Father, Charles Mollica and the Mother, Ying Fei Mollica, shall have shared legal custody of Nash James Ying Mollica, born December 27, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 child including, but not limited to medical, dental, religious or school records, the residence address of the child 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 child. 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. 3. The parties shall have shared physical custody of the child. On Week 1, Mother shall have physical custody overnights on Mondays, Wednesdays and Fridays to Monday with Father having physical custody overnights on Tuesdays and Thursdays. On Week 2, Father shall have physical custody on Mondays, Wednesdays and Fridays to Monday, with Mother having physical custody overnights on Tuesdays and Thursdays. The exchange time shall be 6:00 p.m. unless otherwise agreed by the parties. 4. Each party shall have physical custody of the child for two non- consecutive weeks in the summer provided they give the other party 30-days prior notice and disclosure of where the child will be and a telephone number where he can be reached. Said weeks shall coincide with a parent's weekend schedule. 5. In the event that the custodial parent is in need of a babysitter for more than three hours, they shall notify the non-custodial parent and offer said babysitting opportunity to the custodial parent. 6. The parties shall share holidays as agreed. 7. Transportation shall be shared as agreed by the parties. 8. The parties shall have liberal telephone contact with the child. 9. The child may not be removed from the country without the prior consent of both parents or by Order of Court. 10. 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. BY T COURT J. cc?:*l Guida Souders, Esquire, Counsel for Father Jeffrey M. Cook, Esquire, Counsel for Mother 3/;d /t a CHARLES MOLLICA : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5487 CIVIL ACTION - LAW YING FEI MOLLICA, Defendant : IN CUSTODY YING FEI MOLLICA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5630 CIVIL ACTION - LAW CHARLES J. MOLLICA, : IN CUSTODY Defendant PRIOR JUDGE: None 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nash James Ying Mollica December 27, 2006 shared 2. A Conciliation Conference was held in this matter on March 2, 2010, with the following in attendance: The Father, Charles Mollica, with his counsel, Gail Guida Souders, Esquire, and the Mother, Ying Fei Mollica, with her counsel, Jeffrey M. Cook, Esquire. 3. The parties agreed to an Order in the form as attached. Date: 3 - a -lU n-u-?-t--^-?- Ja {zeline M. Verney, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YING FEI MOLLICA, Plaintiff : No. 08-5630 vs. CHARLES J. MOLLICA, Defendant : Action in Divorce (? C N O U b ? 9:33 r 3:` I CO ;P P CD e AFFIDAVIT OF SERVICE ,- 'too /? Y> c` ? o 5M AND NOW, this Y day March, 2010, comes Jeffery M. Cook, who b$ng gy *M ? .< according to law, deposes and says that a copy of the original Complaint in Divorce filed August 25, 2009, in the above-captioned case was served personally by me upon defendant, Charles J. Mollica on March 2, 2009, at 9:30 a.m. at the Cumberland County Courthouse, Cumberland County, Pennsylvania. D ??? Date Cook Attnfor Ying Fei Mollica