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Home My WebLink About09-5729GREGORY A. BYRNE, PLAINTIFF VS. SHERRY LYNNE BYRNE, DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- -? `7 9CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, GREGORY A. BYRNE, by and through his 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. Plaintiff is GREGORY A. BYRNE, an adult individual, whose mailing address is Chambersburg Country Club, P.O. Box 159, Scotland, Franklin County, Pennsylvania, 17202. The Plaintiff has just relocated and had resided in Cumberland County for over six (6) months. 2. Defendant is SHERRY LYNNE BYRNE, an adult individual, who resides at 4 Evergreen Lane, 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 June 21, 1995. 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, MICHAELANN ELIZABETH BYRNE, born on December 12, 1996. COUNT I - REQUEST FOR DIVORCE UNDER SECTION 3301(cl 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, GREGORY A. BYRNE, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT II - REQUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104(a)(2) and 3323(b) OF THE DIVORCE CODE 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 AGE SEX DATE OF BIRTH MICHAELANN ELIZABETH BYRNE 11 years Female 16. During the past five (5) years the child has resided with the parties and at the December 12, 1996 addresses herein indicated: WITH WHOM ADDRESS FROM / TO Plaintiff and Defendant 4 Evergreen Lane Mechanicsburg, PA 2003 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 Custody and Plaintiff has Primary Physical Custody and Defendant has Partial Physical Custody of their child. WHEREFORE, Plaintiff, GREGORY A. BYRNE, requests this Honorable Court grant Plaintiff, GREGORY A. BYRNE, and Defendant, SHERRY LYNNE BYRNE, Shared Legal Custody of the minor child, MICHAELANN ELIZABETH BYRNE and Plaintiff, GREGORY A. BYRNE, Primary Physical Custody and Defendant, SHERRY LYNNE BYRNE, Partial Physical Custody, of the child, MICHAELANN ELIZABETH BYRNE, as in the child's best interest. Dated: August -P, 2009 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Candiello, E" Counsel for Plainti, f? PA I.D. # 64998 4010 Glenfinnan PI e 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: a q - Aui u G R YRNE OF THE 7 tr•T, , Y . A 2009 AUG 19 Pry i : no /In? 1 A "- 4444. So Qo Arn eta 1353 RTC ?9 y-o(o GREGORY A. BYRNE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHERRY LYNNE BYRNE DEFENDANT 2009-5729 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 24, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 29, 2009 at 10_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/ ohn . Man an r. Es q. 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 infonnation 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 '" ?CW FLEE "i' OF THE P""' 2009 AUG 25 AM 10= 58 CLIM GREGORY A. BYRNE, PLAINTIFF vs. SHERRY LYNNE BYRNE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-5729 CIVIL TERM CIVIL ACTION -LAW ACTION FOR DIVORCE /CUSTODY ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I hereby accept service of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, in the above matter. Respectfully submitted, Dated;( , 20(19 HERR Defendant ~iLEG~°~~iC~ OF Tt-~ PRflT~?^^~TAf3Y f:11~,~,~~- ~~Ytvar~~a r a ;; .r ,,