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HomeMy WebLinkAbout09-0098 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARTH V. PRICER, Plaintiff ) NO. 2009- U09$ CIVIL TERM v. ~ ANGEL ANN PRICER, ) CIVIL ACTION -LAW Defendant ) DIVORCE/CUSTODY 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 maybe 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 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 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, PA 17013 Telephone: (717) 249-3166 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARTH V. PRICER, Plaintiff ) NO. 2009- 4.0 9~' CIVIL TERM v. ) ANGEL ANN PRICER, ) CIVIL ACTION -LAW Defendant ) DIVORCE/CUSTODY COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Garth V. Pricer, by and through his counsel, Howett, Kissinger & Holst, P.C., who states the following in support of the within Complaint: 1. Plaintiff is Garth V. Pricer, an adult individual who currently resides at 4 Oakwood Lane, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Angel Ann Pricer, an adult individual who currently resides at 4 Oakwood Lane, Enola, Cumberland County, Pennsylvania 17025. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on September 26, 2003 in Cumberland County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemembers' Civil Relief Act. 6. There have been no prior actions for divorce or annulment of the mamage instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I -DIVORCE PURSUANT TO §3301(c or (d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301(c) or (d) of the Divorce Code. COUNT II -EQUITABLE DISTRIBUTION 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT III -REQUEST FOR CUSTODY AWARD UNDER $3104(a)(2) AND §3323(b) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 2 13. The parties are the parents of the following unemancipated children: Name Date of Birth Connor Orion Apri124, 2004 Liam Kieran May 24, 2006 14. During the past five years, the children have resided with the parties and at the addresses herein indicated: From To With Whom Addresses Birth Present Mother and Father 4 Oakwood Lane Enola, PA 15. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 16. There are no other proceedings pending involving custody of the children in this or in any other state. 17. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. WHEREFORE, Plaintiff respectfully requests that, pursuant to §3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order awarding joint legal custody of the children to Mother and Father, and primary physical custody of the children to Father, with Mother having substantial periods of partial physical custody. 3 COUNT IV -EXCLUSIVE POSSESSION OF MARITAL RESIDENCE 18. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 19. Plaintiff and Defendant currently reside in the Marital Residence with their two minor children. 20. Due to the fact that Father has been the primary caretaker of the parties' two children, and is now seeking primary custody, and also due to the fact that Father is the primary wage-earner in the family, Plaintiff believes that it is appropriate for the Court to grant him exclusive use and possession of the Marital Residence during the pendency of the divorce action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant him exclusive possession of the Marital Residence, pending resolution of the economic issues surrounding dissolution of the marriage. Respectfully submitted, C Date: ~ ~1 (~ e ecca McClincy D squire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Garth V. Pricer 4 VERIFICATION I, Garth V. Pricer hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 1/6/09 M~ GARTH V. CER P.~ -6~ ~E ~ Cam`` Sv 6` .~' Sty ~ o ~ ~ a D ~G ~- "~ ~~ i r~r~ a:-; ~~, ~ ~' ao IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARTH V. PRICER, ) Plaintiff ) NO. 2009- ~ a a g CIVIL TERM v. ) ANGEL ANN PRICER, ) CIVIL ACTION -LAW Defendant ) DIVORCE/CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Garth V. Pricer, by and through his counsel, Howett, Kissinger & Holst, P.C., who states the following in support of the within Complaint: 1. Plaintiff is Garth V. Pricer ("Father"), an adult individual who currently resides at 4 Oakwood Lane, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Angel Ann Pricer ("Mother"), an adult individual who currently resides at 4 Oakwood Lane, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff seeks custody of the following children: Name Date of Birth Connor Orion Pricer April 24, 2004 Liam Kieran Pricer May 24, 2006 The children were not born out of wedlock. The children are presently in the custody of Mother and Father who currently reside at 4 Oakwood Lane, Enola, Pennsylvania 17025, but are physically separated within the home. During the past five years, the children have resided with the parties and at the addresses herein indicated: From To With Whom Addresses Birth Present Mother and Father 4 Oakwood Lane Enola, PA 17025 The mother of the child is Angel Ann Pricer, who currently resides at 4 Oakwood Lane, Enola, PA 17025. She is married to Father. The father of the child is Garth V. Pricer, who currently resides at 4 Oakwood Lane, Enola, PA 17025. He is married to Mother. 4. The relationship of Plaintiff to the child is that of natural father. Plaintiff currently resides with the following persons: Names Relationship Angel Ann Pricer Wife Connor Orion Pricer Son Liam Kieran Pricer Son 5. The relationship of Defendant to the child is that of natural mother. Defendant currently resides with the following persons: Names Relationship Garth V. Pricer Husband Connor Orion Pricer Son Liam Kieran Pricer Son 6. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 7. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 8. The best interests and permanent welfare of the child will be served by granting the relief requested. 9. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that, pursuant to §3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order awarding joint legal custody of the child to Mother and Father, primary physical custody to Father, and liberal partial physical custody to Mother. submitted, Date: ~ ~ Rebecca McClincy Darr, Esqu~e HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Garth V. Pricer VERIFICATION I, Garth V. Pricer hereby swear and affirm that the facts contained in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 1/7/09 ~' "" G H V. CER C^1 .~~; c.,. ~:. _.~ ~~- ~ ` - rte ,.. "{) -~ ~" "T'E ~ s 4-n :42 ~ ~