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HomeMy WebLinkAbout09-2743ABBY L. DURHAM, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- X743 CIVIL RUSSELL E. DURHAM, Defendant CIVIL ACTION - LAW 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 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 (717) 249-3166 ABBY L. DURHAM, Plaintiff V. RUSSELL E. DURHAM, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- ?- V3 CIVIL CIVIL ACTION - LAW COMPLAINT UNDER SECTIONS 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Abby L. Durham, an adult individual who currently resides at 42 Ashton Street, Carlisle, Cumberland County, Pennsylvania 17013 2. Defendant is Russell E. Durham, an adult individual who currently resides at 201 Garland Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff has been a bona fide resident 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 March 26, 2008, in Atlanta, Georgia. 5. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 6. The Plaintiff is not a member of the Armed Forces, however, the Defendant is currently enlisted in the Armed Forces of the United States. 7. Plaintiff avers that the marriage between the parties is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. d Date: LA ? t q Respectfully submitted, O'BRIEN, BARIC & SCHERER CA. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint in Divorce 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: 0'11301-16-L- Abby L. Durham C?) F1 7, -3 Ck?yG3s' I& y 5-y? ABBY L. DURHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009 - ? Y3 CIVIL TERM RUSSELL E. DURHAM, CIVIL ACTION-LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this _? day of , 2009, I, Russell E. Durham accept service of the Divorce Complaint in the above-captioned case. Russ II E. Durham OF THE Pi-'.! 2009 MAY 13 PM 2* 32 GUM t ABBY L. DURHAM, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 -2743 CIVIL TERM C- RUSSELL E. DURHAM, CIVIL ACTION-LAW c -{ Defendant cr CUSTODY COMPLAINT -c, o=F; 1. Plaintiff is Abby L. Durham, an adult individual who currently re,m*s i 42-x.,, Ashton Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Russell E. Durham, an adult individual whose last known address was at 13010 Canterbury Road, Savannah, Chatham County, Georgia, 31419. 3. The parties are the parents one minor child, namely, Alexander J. Roper, born August 25, 2009. The child was born in wedlock The child is presently in the custody of Plaintiff. During the past two years, the child has resided with the following persons at the following addresses: Persons Residences Dates Abby L. Durham 42 Ashton Street 08/25/09 to Carlisle, PA 17015 present The natural father of the child is Russell E. Durham, currently residing at 13010 Canterbury Road, Savannah, Chatham County, Georgia, 31419. He is married to the Defendant. The natural mother of the child is Abby L. Durham, currently residing at 42 Ashton Street, Carlisle, Cumberland County, Pennsylvania. 4 a-f?y C40 /6'()qj/ 0 ALI She is married to the Plaintiff. 4. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Names Alexander J. Roper Relationship Son 5. The relationship of the Defendant to the child is that of natural father. The Defendant currently resides with the following persons: Names Relationship 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child 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 has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the parties shared legal and the Plaintiff having primary physical custody and Defendant having partial physical custody of the child at such times as the parties agree. 8. 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 grant her shared legal and primary physical custody of the child. Respectfully submitted, BARIC & SCHERER J v Michael A. Scherer, Esquire 1. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 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: 07/-10/11 Abby L. Durham IN THE COURT OF COMMON PLEAS OF ABBY L. DURHAM CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Q W = - ? V. mar' ' 2009-2743 CIVIL ACTION LAW - r= ? cn?,, tv ? ? RUSSELL E. DURHAM IN CUSTODY DFFF,NDANT Cj N) - f ORDER OF COURT 2011 , upon consideration of the attached Compla 29 Jul ida F int, AND NOW, , y y, r it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, 2011 at 9:30 AM at 4th Floor ,Cumberland County Courthouse, Carlisle on Thursday, August 25, 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 hearinp,. FOR THE COURT. By: /s/ -Hubert X. Gilroy, Es 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 ? lam' ?° , lro c? V& ,tea y ???? - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ABBY L. DURHAM, Plaintiff NO. 2009-2743 CC.'_- 7 ? v. CIVIL ACTION-LAW ri RUSSELL E. DURHAM, .? . N) = Defendant IN CUSTODY ? - a ORDER OF COURT AND NOW 91-M this f ` , ay o &I(. 2011, upon p resentation and consideration of the Stipulation and Agreement, and upon agreement of the parties, it is hereby ORDERED and DECREED as follows: 1) The parties shall have joint legal custody of their minor child, Alexander J. Roper born August 25, 2009. Joint legal custody means the right of both parents to control and share in making decisions of importance in the life of their child, including educational, medical, and religious decisions. 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 their health, education and religion. The custodial parent shall inform the non- custodial parent immediately of all medical and dental appointments and problems pertaining to the child. If the child is sick and is unable to attend school or extracurricular activities the custodial parent will notify the non-custodial parent as soon as practicably possible. Each parent shall provide names, addresses, and telephone numbers for al of the child's medical, dental and other healthcare providers, school contact information as well as the school's website and any website's relating to the child's activities. In the event that either parent cannot obtain information or schedules directly, the other parent shall provide the documentation upon request. The custodial parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the child with healthcare providers, sufficiently in advance thereof so that the other party can attend, if he or she so chooses. Pursuant to the terms of Pa.C.S.§ 5309, each parent shall be entitled to equal access to all records and information pertaining to the child, including, but not limited to, the child's school, medical, dental, religious and other important records, the residence address of the child and the other parent. 3 a Pursuant to the terms of Pa.C.S.§ 5309, each parent shall be entitled to equal access to all records and information pertaining to the child, including, but not limited to, the child's school, medical, dental, religious and other important records, the residence address of the child and the other parent. As soon as practical after the receipt by a party, copies of the child's school schedule, special event notifications, report cards, and similar items shall be provided to the other party. To the extent one (1) parent has possession of such records or information, that parent shall be required to share same, or copies thereof, with the other parent within such reasonable time as to make the records or information of reasonable use to the other parent. The custodial parent shall provide copies of the child's report cards and other reasonable papers affecting the child's education, medical condition or welfare. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Stipulation and Order. 2) Physical custody of the child, as that term is defined in the Custody Act, shall be primarily with Mother, subject to Father's periods of partial custody as the parties may agree. 3) The parties shall share of the child during the holidays as they mutually agree. 4) The parties shall provide each other with a written schedule or website address to ascertain a schedule for the child's school, sporting, and extracurricular activities. Both parties shall agree to honor and participate in the activities in which the child, each parent will make certain that the child attend any previously-scheduled extracurricular activities. The parties are directed to be supportive of the child's activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. In the event that the custodial parent is unable to deliver either child to an agreed upon activity, the non-custodial parent shall be permitted to transport the child to the agreed upon activity. The custodial parent shall make certain that the child is transported to appropriate custody exchange location in a time sufficient to enable the child to timely attend the activity. 5) The custodial parent shall ensure that the child completes any and all school assignments or projects during their period of custody. 6) In the event that the child is unable to attend school due to illness, it is the responsibility of the parent then having custody to arrange alternate care for that day and to notify the non-custodial parent of the child's illness. 7) In the event that either party is planning to take the child away from home for an overnight trip, they shall provide the non-custodial parent with reasonable notice and contact information where the child will be staying. 8) Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and the custody situation. Each party shall supply the name, address and phone numbers of any persons in whose care the child will be in for a period in excess of seventy-two (72) hours, and for each person or entity which may provide daycare for the child, excluding current daycare providers, relatives, or public school institutions. 9) Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision-making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. 10) The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Stipulation and Agreement. Both parties are directed to listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 11) Any modifications of this Stipulation and Agreement need to be in writing, and agreed to by both parties. Minor, short-term changes can be made orally, if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Stipulation, Agreement, and Order will control the custodial arrangement until such time as the parties are able to agree. 12) This Stipulation, Agreement and/or Order supersedes all previous custody Agreements and/or Orders. Y THE C RT ,J. Distribution:` "Michael A. Scherer, Esquire, 19 West South Street, Carlisle, PA 17013 Attorney for Plaintiff ./ Russell Durham 2707 Fenwick Village Drive, Savannah, GA 3141 d ABBY L. DURHAM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSY. LVANIA? . f V. NO. 2009-2743 CIVIL TERM`r'u Fq- RUSSELL E. DURHAM , Defendant IN DIVORCE c ca :e- PLAINTIFF'S AFFIDAVIT OF CONSENT rv AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 1, 2009. 2. Defendant signed an acceptance of service form on May 4, 2009. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 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. 6. 1 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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.A. Section 4904 relating to unsworn falsification to authorities. Date: 10/y , 2011 Abby urham ABBY L. DURHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009 - 2743 CIVIL TERM Fri- RUSSELL E. DURHAM, CIVIL ACTION-LAW =" `? ?d* Defendants r cw -? -r DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST 6414Y ' OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 1, 2009. 2. Defendant acknowledges receipt and accepts service of the Complaint on May 4, 2009. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 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. 6. 1 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: gocT .2)d - Russell E. Durham ABBY L. DURHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-2743 CIVIL TERM - 4 rn? © `? RUSSELL E. DURHAM IN DIVORCE M c -) --+ - - , Defendant _ ,; C'7> $ F NOTICE OF ELECTION TO RETAKE MAIDEN NAME r - :: Notice is hereby given that the Plaintiff in the above matter, hereby elects to retake and hereafter use her previous name of Abby L. Roper. X prior to the entry of a Final Decree In Divorce or after the entry of a Final Decree In Divorce dated and gives this written notice avowing her intention pursuant to the provisions of 54 P.S.A. 704. Dated: IO II II G9'L y'?? L. Durham TO BE KNOWN AS y bby L. Roper COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On the I (' day of , 2011, before me, a notary public, personally appeared Abby L. Durham to be known as Abby L. Roper, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 00MM NwWFALIM F PENNSYLV Notadel seer Jenrrfer S. Lftbay, Notary PLift * con d"bn Fires Nov. 29,2D11 U Member, PennrOverfe Assocmdon of Note ISO I? 1 C# /x'33 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABBY L. ROPER V. RUSSELL E. DURHAM NO. 2009-2743 DIVORCE DECREE ©? ?? for( `? )a:vo 4, rh AND NOW, , it is ordered and decreed that ABBY L. ROPER , plaintiff, and RUSSELL E. DURHAM , 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 4 By , C-0d lwla led >ev S -?^ 74 -/V d?? ?o?i?e ? co y ,?r?ar??d=? ?