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HomeMy WebLinkAbout09-3735CHRISTINA ANN WALTER, PLAINTIFF vs. CHRISTOPHER KENT WALTER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, d9?3'f NO. 3 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY NOTICE TO MFEND AND CLAIM BIGHTS 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 Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 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 (717) 249-3166 1-800-990-9108 CHRISTINA ANN WALTER, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, VS. : NO.373,r CIVIL TERM CHRISTOPHER KENT WALTER, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FA LT D YORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, CHRISTINA ANN WALTER, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiff is CHRISTINA ANN WALTER, an adult individual, who resides at 1147 Pheasant Drive, North, Carlisle, Cumberland County, Pennsylvania, 17013. The Plaintiff has resided in Cumberland County for over six (6) months. 2. Defendant is CHRISTOPHER KENT WALTER, an adult individual, who resides at 526 Brook Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on November 24, 2007. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant were ever members of the United States Military Service. 9. Plaintiff and Defendant have one (1) child from their marriage, GAVIN CHRISTOPHER WALTER, born on November 17, 2008. COUNT I _REQUEST FOR NO-FAULT RDMM UNDER &?TI_UN, 1(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, CHRISTINA ANN WALTER, respectfidly requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT II - 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 13. The parties are the parents of the following minor children who reside with the Plaintiff and the Defendant at this time: NAME GAVIN CHRISTOPHER WALTER AGE SEX DATE OF BIRTH 6 months Male November 17, 2008 16. During the past year the child has resided with the parties and at the addresses herein indicated: WITH WHOM Plaintiff and Defendant Plaintiff ADDRESS 1147 Pheasant Drive Carlisle, PA 1147 Pheasant Drive Carlisle, PA FROM / TO Birth to January, 2009 January 2009 to Present 17. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 18. There are no other proceedings pending involving custody of the child in this or any other state. 19. 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. 20. The best interests of the child will be served if Plaintiff and Defendant have Shared Legal and Physical Custody of their child. WHEREFORE, Plaintiff, CHRISTINA ANN WALTER, requests this Honorable Court grant Plaintiff, CHRISTINA ANN WALTER, and Defendant, CHRISTOPHER KENT WALTER, Shared Legal Custody and Shared Physical Custody of the minor child, GAVIN CHRISTOPHER WALTER, as in the child's best interest. Respectfully submitted, LAW FIRM OF SUSAl Dated: June, 2009 St'&n Kay KAY CANDIELLO, P.C. PA I.D. 64998 4010 Gl lace Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DATED: Lo JAaCX) 13 AJO- 'tzz CHRISTINA ANN WALTER OF THE 1O TARP 2009 JUN -5 PM 3: 0 7 ,4 CjCUNTY PENN"SYLVANA ?4?kQ,??sol P1Q3?,?t . 1. CHRISTINA ANN WALTER PLAINTIFF V. CHRISTOPHER KENT WALTER DEFENDANT IN THE COURT OF COMMON PLEAS O CUMBERLAND COUNTY, PENNSYLVA 2009-3735 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 11, 2009 , upon consideration of the attach it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, E at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 09, 2009 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the i" if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to ente order. Failure to appear at the conference may provide grounds for entry of a temporary or perman The court hereby directs the parties to furnish any and all existing Protection from A Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled heal FOR. THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply 'A with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accor available to disabled individuals having business before the court, please contact our office. i must be made at least 72 hours prior to any hearing or business before the court. You must at conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF Y HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE O 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 NIA I Complaint, ?. , the conciliator, at 8:30 AM aes in dispute; or into a temporary it order. g. orders, the Americans 1 arrangements nd the scheduled U DO NOT FICE SET OF FILED,-) ---i OF N8 ; l i •, -;?,JRY 2009 JUN l l PPS 2: CHRISTINA ANN WALTER, PLAINTIFF VS. CHRISTOPHER KENT WALTER, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : NO. 2009-3735 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY AFFIDAVIT OF SERVICE CERTIFIED MAIL Be it known, that on June 22, 2009, comes, SUSAN KAY CANDIELLO, who states as follows: I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Christina Ann Walter, Plaintiff in the above-captioned matter. 3. On June 13, 2009, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7008 3230 0002 2511 7102, and addressed to the Defendant, Christopher Kent Walter, 526 Breezewood Court, Mechanicsburg, Pennsylvania, 17050. 4. The return receipt card signed by the Defendant, Christopher Kent Walter, showing a date of service of June 17, 2009, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. V a ¦ Oempiete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Prinf'your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the hack of the mailpiece, or on the front If space permits. 1. Article Addressed to: a?k*Y'C'? ?? "Q-? ? Zdl? X ??\'t1J1\??L ?'?'t R (Printed Name) C. Date of Delivery -17-09 Is delivery address different from item 17 ? Yes If YES, enter delivery address below: ? No 3. Service Type ? ceruw man ? Egress mail ? Registered ? Retm ReoW for Merchandise ? Insured mail ? C.O.D. 4. ReWlcted Delivery? (EA" Fog) 13 Yes 2. Article Number Mansferftmservroe!et 7008 3232 2202 2511 7122 _ PS Form 3811, FebruaryzUM Domestic Return Receipt 102595-02-WI 640 Exhibit "A" Ell JUL 0 d 20Oq! CHRISTINA ANN WALTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-3735 CIVIL ACTION - LAW CHRISTOPHER KENT WALTER, : Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 8`h day of July, 2009, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, A V4"-, qu ' e M. Verney, Esquire, Custody Qji?tiliator F€€ ED-=l V,[ OF YHA'f `. i -I:'Y 2009 JUL --9 A 4 t : 32 cliM? r