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Home My WebLink About09-6066Michael A. Hynum, Esquire Supreme Court ID #85692 Hynum Law 2608 North 3`° Street Harrisburg, PA 17110 (717) 774-1357 MICHELLE M. GEARY, Plaintiff V. GERALD GEARY , Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 66&6 CIVIL ACTION - LAW IN DIVORCE 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 within twenty (20) days. You are warned that if you fail to do so, the case may proceed without you and 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, Cumberland County Courthouse, High & Hanover Streets, Carlisle, PA 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, Pennsylvania 17013 Telephone Number (717) 249-3166 Michael A. Hynum, Esquire Supreme Court ID #85692 Hynum Law 2608 North 3'" Street Harrisburg, PA 17110 (717) 774-1357 MICHELLE M. GEARY, Plaintiff V. GERALD GEARY , Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. O 6664P CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Michelle M. Geary, an adult individual residing at 1202 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Gerald Geary, an adult individual residing at 74 Winter Lane, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff has been bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married in April of 2002 in Bushkill, Monroe County, Pennsylvania. 5. The parties separated in May of 2009. 6. Plaintiff avers that there are the following children of the parties under the age of eighteen (18): a. Daniela M. Geary, age 2, DOB 4/24/07, currently residing with the Plaintiff. 7. No previous divorce action has been filed by either party in this jurisdiction or any other jurisdiction. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 8, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff, MICHELLE M. GEARY, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce in her favor in accordance with §3301 of the Pennsylvania Divorce Code. B. Awarding other relief as the Court deems just and reasonable. Date: Michael . Hynum, E q 're Supreme Court ID #8 2 Hynum Law 2608 North 3`d Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff Michael A. Hynum, Esquire Supreme Court ID #85692 Hynum Law 2608 North 3'" Street Harrisburg, PA 17110 (717) 7741357 MICHELLE M. GEARY, Plaintiff V. GERALD GEARY , Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, MICHELLE M. GEARY, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Micelle M. Geary OF 2009 SEP -4 PH 3: a3 C 3 -3 6 . M_ ". MICHELLE M. GEARY, Plaintiff V. GERALD GEARY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6066 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Michael A. Hynum, Esquire, do hereby certify that on September 11, 2009 1 served GERALD GEARY a Divorce Complaint by certified mail in regard to the above- captioned matter. Attached hereto is the domestic return receipt green card. I, Michael A. Hynum, Esquire, verify that the statements made in the foregoing certificate of service are true and correct to the best of my knowledge, information and belief. 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: q_lv-C)0( Michael A. Hynum, Esquire HYNUM LAW Attorney I.D. No. 85692 2608 N. 3rd Street Harrisburg, PA 17110 717-774-1357 ¦ OomVMbs *ii!* 1, 2. w id 3. Alm complete Retrt 4 if Re*k-,W Dedvery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: &,& Ld OaT `7V WL+C-r 2n6 to PA 170 JS n jf ZZ= O Agent X 7 ? Addressee B. Received by ( Printed NaMOV C. Date of Delivery ,a "D: I§ delivery address dffjivM from item 1? 0 Yes ?, erg delivery address below: 0 No type 3. SorAce Mall 0 Express Mail 0 Registered ?Return Receipt for Merchandise 0 Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Ankle Number i'?larreA?r N.n+ ewla. bba? 7 0 0 8 3230 0002 6105 8902 Ps Form 3811, February 2004 Domestic Return Receipt 1025®5- 4A-1540 k FLED-+...+i:Fla 4 THEN '-IQN;I)TARY 2909 SEP 16 Fil 2: 2=; _ r ILED-OFFICE FICE f THE PROTHIONO IP; ?, 2,011 DEC - I PM 1: t:? 0MBERLAND COUNTY PENNSYLVANIA Pamela L. Purdy, Esquire Attorney ID No. 85783 1820 Linglestown Road Harrisburg, PA 17110 (717) 221-8303 tel (717) 221-8403 fax plpurdy@verizon.net Attorney for Plaintiff MICHELLE M. GEARY, Plaintiff GERALD GEARY, V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6066 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, Plaintiff Michelle M. Geary, now known as Michelle M. Wilson, by and through her attorney, Pamela L. Purdy, Esquire, files a Petition for Modification of Custody Order against Defendant, and in support thereof, avers the following: 1. Plaintiff Michelle M. Wilson (hereafter referred to as "Mother") is an adult individual who resides at 114 Dogwood Drive, Mount Holly Springs, Pennsylvania 17065. 2. Defendant Gerald Geary (hereafter referred to as "Father") is an adult individual who currently resides at 74 Winter Lane, Enola, Pennsylvania 17025. 3. Mother and Father are the parents of Daniela Geary (DOB 4/24/2007). 4. On December 17, 2009, Mother filed a Complaint for Custody. 5. On December 21. 2009, this Court entered an Order based upon a_ $76. ov pcl-414Y C&I isgL-, 2-4-.alpSool stipulation entered into by the parties that granted the parties shared legal and physical custody of the child. A true and correct copy of the Order of Court dated December 21, 2009 is attached hereto as Exhibit "A" and incorporated herein as if fully set forth. 6. The child has been diagnosed with autism and has various medical and behavioral issues that require daily care. 7. It is believed, and therefore averred, that the current physical custody schedule does not provide enough consistency and stability for the child. 8. In anticipation of the child's enrollment in kindergarten in Fall 2012, it is believed and therefore averred that living primarily with Mother will allow Mother to continue to work aggressively to prepare the child for kindergarten, and will provide the stability that the child will need once she is enrolled in kindergarten. 9. It is believed, and therefore averred, that Defendant does not concur in this matter. 10. The Honorable J. Wesley Oler, Jr. has been previously assigned to this matter. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting the parties shared legal custody with Plaintiff having primary physical custody and Father having consistent periods of partial custody. Respectfully submitted, I t, Pamela L. Purdy Dated: kZ, 1( Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. n Z?( 40 (1 `'Michelle M. Wilson CERTIFICATE OF SERVICE The undersigned certifies that on thisa day of November, 2011, a true and correct copy of the foregoing Petition for Modification of Custody Order was served by first-class mail, postage prepaid, upon the following: Jeffrey C. Clark, Esquire PO Box 845 Harrisburg, PA 17108 Pamela L. Purdy U MICHELLE M. GEARY n/k/a MICHELLE M. WILSON, Plaintiff V. GERALD GEARY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-6066 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER AND NOW, this day of March, 2012, upon review of the attached Stipulation for Agreed Order of Custody it is hereby ORDERED that said Stipulation is entered as an Order of Court. BY THE COURT: Distribution: Pamela L. Purdy, Esq. 1820 Linglestown Road Harrisburg, PA 17110 Jeffrey Clark, Esquire 508 North Second Street PO Box 845 Harrisburg, PA 17108 ?P?es rha.l?d ??a3?? -l-1 zti rn ca 3 J U) r ra `''1 ':7