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HomeMy WebLinkAbout09-2495 BRIAN K. PEIFFER, JR., Plaintiff V. DEANNA K. PEIFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 0"16"5' CIVIL TERM CIVIL ACTION-LAW IN 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 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. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 BRIAN K. PEIFFER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009 - -1 v 91" CIVIL TERM DEANNA K. PEIFFER, CIVIL ACTION-LAW Defendant IN DIVORCE/CUSTODY DIVORCE COMPLAINT 1. Plaintiff is Brian K. Peiffer, Jr., an adult individual who currently resides at 328 North Baltimore Avenue, Apt. 5, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant is Deanna K. Peiffer, an adult individual who currently resides at 222 Willow Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 17, 2008 in Boiling Springs, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. 9. Plaintiff hereby incorporates by reference all of the averments in paragraphs 1 through 8 of this Complaint. 10. The parties have one minor child of their marriage, Aiden K. Peiffer, born November 23, 2007, age 1. The child was born out of wedlock. The child is presently in the custody of the Plaintiff at 328 North Baltimore Avenue, Apt. 5, Mount Holly Springs, Cumberland County, Pennsylvania 17065. During the past five years, the child has resided with the following persons COUNT II - CUSTODY at the following addresses: Persons Residences Dates Brian Peiffer, Jr Brian Peiffer, Jr Brian Peiffer, Jr. Deanna Peiffer 328 N. Baltimore Ave., Apt. 5 Mt. Holly Springs, PA 17065 7 Regency Woods North Carlisle, PA 17015 7 Regency Woods North Carlisle, PA 17015 August, 2008 to Present March, 2008 to August, 2008 September, 2007 March, 2008 The natural father of the child is Brian K. Peiffer, Jr., currently residing ?at 328 North Baltimore Avenue, Apt. 5, Mount Holly Springs, Cumberland County, Pennsylvania 17065. He is married to the Defendant. The natural mother of the child is Deanna Peiffer, currently residing at 222 Willow Street, Carlisle, Cumberland County, Pennsylvania 17013. She is married to the Plaintiff. 11. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: Names Aiden K. Peiffer Relationship Son 12. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: Names Dan Bankert Nickoli Bankert Relationship Boyfriend Son 13. Plaintiff does not know of a person not a party to the proceedings who ',has physical custody of the child or claims to have custody or visitation rights with respect to the children. 14. Each parent 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. All other persons, named below, who are known to have or claim a right, to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: none. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order awarding the parties shared legal and the Plaintiff primary physical custody of the child and Defendant partial physical custody of the child. Date: 5 Respectfully submitted, O'BRIEN BARIC SCHERER MichaA. Scherer Esquire I. D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff III VIII ?,II III ?I I?I ?I VERIFICATION I verify that the statements made 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 unsworn falsification to authorities. Date: 3-- lC () 9 Brian K. Peiffer, Jr OF THE I?DIAP.Y 2GC9 A R% 4, 0 Fr? 4: 04 . K. w BRIAN K. PEIFFER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009 - AI K CIVIL TERM DEANNA K. PEIFFER, CIVIL ACTION-LAW Defendant IN DIVORCE/CUSTODY III PRAECIPE TO THE PROTHONOTARY: Kindly waive the filing fees for the Plaintiff in this case because he is unable to pay those costs. I am representing the Plaintiff pro bono at this time. IIII Respectfully submitted, Date: O'BRIEN, BARIC & SCHERER 9 AFxA Micha I cherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff ?.. Tl? ti ".4 `".?" Il.r ZOQ? APR 2Q Cu.,V; .: BRIAN K. PEIFFER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN V. NO. 2009 - yg CIVIL TERM DEANNA K. PEIFFER, CIVIL ACTION-LAW Defendant IN DIVORCE/CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Brian K. Peiffer, Jr., an adult individual who currently resid 328 North Baltimore Avenue, Apt. 5, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Deanna K. Peiffer, an adult individual who currently at 222 West Willow Street, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents one minor child, namely, Aiden K. Peiffer, November 23, 2007. The child was born out of wedlock The child is presently in the custody of Plaintiff at 328 North Baltimore at Avenue, Apt. 5, Mount Holly Springs, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persl ns at the following addresses: Persons Residences Dates Brian Peiffer, Jr. 328 N. Baltimore Ave., Apt. 5 August, 2008 to Mt. Holly Springs, PA 17065 Present Brian Peiffer, Jr Brian Peiffer, Jr Deanna Peiffer 7 Regency Woods North Carlisle, PA 17015 7 Regency Woods North Carlisle, PA 17015 March, 2008 to August, 2008 September, 200 March, 2008 I The natural father of the child is Brian K. Peiffer, Jr., currently residing',at 328 North Baltimore Avenue, Apt. 5, Mount Holly Springs, Cumberland County, Pennsylvania. He is married to the Defendant. The natural mother of the child is Deanna K. Peiffer, currently residing 222 West Willow Street, Carlisle, Cumberland County, Pennsylvania. She is married to the Plaintiff. 4. The relationship of the Plaintiff to the child is that of natural father. Th Plaintiff currently resides with the following persons: Names Aiden K. Peiffer Relationship Son 5. The relationship of the Defendant to the child is that of natural mother. The Defendant currently resides with the following persons: Names Dan Bankert Nickoli Bankert Relationship Boyfriend Son 6. Plaintiff has not participated as a party or witness, or in another ca in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the chi pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who as physical custody of the child or claims to have custody or visitation rights with respe t to the child. 7. The best interest and permanent welfare of the child will be served by 11 granting the parties shared legal and the Plaintiff having primary physical custody a Defendant having partial physical custody of the child. 8. Each parent whose parental rights to the child have not been term and the person who has physical custody of the child have been named as parties this action. All other persons, named below, who are known to have or claim a custody or visitation of the child will be given notice of the pendency of this action the right to intervene: none WHEREFORE, Plaintiff requests your Honorable Court to grant him shared and shared physical custody of the child. Date: t 0 `1 Respectfully submitted, O'BRIEN, BARIC & SCHERE MichaelIA" SbhereP, Esquire 1. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 to d VERIFICATION I verify that the statements made in the foregoing Custody 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 unsworn falsification to authorities. Date: C, Brian K. Peiffer, Jr. /fir F {?.,L, '( ,?,? APr? 20 BRIAN K. PEIFFER, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-2495 CIVIL ACTION LAW DEANNA K. PEIFFER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, April 24, 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 Thursday, May 28,2609 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. 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 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 4lLED O, Fl,CE- 0 APR 27 AN 10: 2J "Y ef.4 Cory ? BRIAN K. PEIFFER, JR., Plaintiff V. DEANNA K. PEIFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 2495 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY ACCEPTANCE OF SERVICE AND NOW, this day of , 2009, I, Deanna K. Peiffer accept service of the Divorce Complaint in the above-captioned case. I"- i" % A - _: 102_?L7 'Deanna--k. Peiffer 2009 KAY 13 PH 2.32 -W Ty MAY 2 6 2009 1/` 1 BRIAN K. PEIFFER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-2495 CIVIL ACTION-LAW DEANNA K. PEIFFER, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this 7 day of , 2009, upon consideration of the attached Custody Conciliation Re ort, it is ordered and directed as follows: 1. Father, Brian K. Peiffer, Jr. shall have sole legal custody of Aiden K. Peiffer, born November 23, 2007. 2. Father shall have primary physical custody of the child. Mother shall have periods of partial physical custody as agreed by the parties. 4. 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. cc: hael A. Scherer, Esquire, eanna K. Peiffer, pro se C/O Ruth Richwine 25 Turner Lane Shermansdale, PA 17090 P BY THE COURT, ss.-_ ?_ ?, ?. ,, l;• (' _.? r 'tip f ? f ? f ??' '1 f ???, r 1::,. w ?; -?. ';? ? ?1?«.? ,r ??? ,. BRIAN K. PEIFFER, JR., Plaintiff V. DEANNA K. PEIFFER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-2495 CIVIL ACTION-LAW IN CUSTODY 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 Aiden K. Peiffer November 23, 2007 Father 2. A Conciliation Conference was held in this matter on May 28, 2009, with the following in attendance: The Father, Brian K. Peiffer, Jr., with his counsel, Michael A. Scherer, Esquire. Mother, although served with notice of the conference, did not appear. 3. Father requested an Order in the form as attached. A Date acq eline M. Verney, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. PEIFFER V. DEANNA K. PEIFFER DIVORCE DECREE AND NOW, ~ Zoo % , it is ordered and decreed that BRIAN K. PEIFFER plaintiff, and DEANNA K. PEIFFER ,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 N O. 2009-2495 By the Court, d ~~ r• --