HomeMy WebLinkAbout09-7223IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DIANA J. FREY, NO. Oq -'1aa3 0,; V i l ?crwt
Plaintiff
VS.
CIVIL ACTION - LAW
JOSEPH E. FREY,
Defendant 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. 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 relief requested in these papers by the Plaintiff. You may lose money or property or
other rights important to you.
When the grounds 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 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 ASSISTANCE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las
quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se le avisa
que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o
anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser
emitida en su contra por cualquier otra queja o compensation reclamados por el
demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para
usted.
Cuando la base para el divorcio es indignidades o rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros
matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County
Court House, Carlisle, Pennsylvania 17013.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD
MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL
DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USED
PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO.
SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA
OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telefono: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DIANA J. FREY, NO.
Plaintiff
vs.
CIVIL ACTION - LAW
JOSEPH E. FREY,
Defendant IN DIVORCE
AFFIDAVIT OF MARRIAGE COUNSELING
DIANA J. FREY, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Office of the
Prothonotary, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down by the court.
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.
Q
Date: 2 0 /? 6
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DIANA J. FREY, NO. 0 9 - 7,22 3 aL?-i -Fe,
Plaintiff
VS.
CIVIL ACTION - LAW
JOSEPH E. FREY,
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, this 16th day of October, 2009, comes the Plaintiff, Diana J. Frey,
by her attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire,
and files the following Complaint in Divorce whereof the following is a statement:
1. The Plaintiff, Diana J. Frey, is an adult individual who currently resides at 112 N.
Walnut Street, 2nd Floor, Mechanicsburg, Cumberland County, PA 17055.
2. The Defendant, Joseph E. Frey, is an adult individual who currently resides at
6019 Robert Drive, Mechanicsburg, Cumberland County, PA 17050.
3. The Plaintiff and Defendant were married on or about Msay 14, 1997 and
separated on or about June 29, 2009.
4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania
for at least six (6) months immediately previous to the filing of this Complaint.
5. There have been no prior actions of divorce or annulment between the parties.
6. The Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling.
7. Both the Plaintiff and Defendant are sui juris and are citizens of the United States.
8. The Plaintiff avers as the grounds upon which this action is based is that the
marriage between the parties hereto is irretrievably broken.
WHEREFORE, the Plaintiff requests this Honorable Court to enter a decree
divorcing the Plaintiff and Defendant absolutely.
COUNT II
CLAIM FOR EQUITABLE DISTRIBUTION UNDER
SECTION 3502 OF THE DIVORCE CODE
9. The preceding paragraphs of this Complaint are incorporated herein by reference as
though set forth in full.
10. The Plaintiff and Defendant have acquired property during their marriage, which is
subject to equitable distribution by this Court.
11. The Plaintiff and Defendant have been unable to agree as to an equitable distribution
of said property.
WHEREFORE, the Plaintiff requests this Honorable Court to divide all marital
property pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry of the
final divorce decree.
Respectfully submitted,
A A?Oe?
Patrick O'Connor, Esquire
Attorney for Plaintiff
3105 Old Gettysburg Road
Camp Hill, PA 17011
Phone: 717-737-7760
VERIFICATION
I, DIANA J. FREY, state that I am the PLAINTIFF in the above-captioned case
and that the facts set forth in the foregoing are true and correct to the best of my
knowledge, information, and belief. I realize that false statements herein are subject to
the penalties for unsworn falsification to authoriti der 18 Pa.C.S. Sec. 4904.
DIANA J. FREY
Date: 10-16-09
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DIANA J. FREY, NO. 09-7223 Civil Term
Plaintiff
VS.
: CIVIL ACTION - LAW
JOSEPH E. FREY,
Defendant 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. 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 relief requested in these papers by the Plaintiff. You may lose money or property or
other rights important to you.
When the grounds 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 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 ASSISTANCE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las
quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se le avisa
que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o
anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser
emitida en su contra por cualquier otra queja o compensacion reclamados por el
demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para
usted.
Cuando la base para el divorcio es indignidades o rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros
matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County
Court House, Carlisle, Pennsylvania 17013.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD
MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL
DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USED
PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO.
SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA
OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telefono: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DIANA J. FREY,
Plaintiff
VS.
JOSEPH E. FREY,
Defendant
: NO. 09-7223 Civil Term
CIVIL ACTION - LAW
: IN DIVORCE
AMENDED COMPLAINT IN DIVORCE
AND NOW, this 13th day of November, 2009, comes the Plaintiff, Diana J. Frey,
by her attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire,
and files the following Complaint in Divorce whereof the following is a statement:
1. The Plaintiff, Diana J. Frey, is an adult individual who currently resides at 112 N.
Walnut Street, 2nd Floor, Mechanicsburg, Cumberland County, PA 17055.
2. The Defendant, Joseph E. Frey, is an adult individual who currently resides at
6019 Robert Drive, Mechanicsburg, Cumberland County, PA 17050.
3. The Plaintiff and Defendant were married on or about May 14, 1997 and separated
on or about June 29, 2009.
4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania
for at least six (6) months immediately previous to the filing of this Complaint.
5. There have been no prior actions of divorce or annulment between the parties.
6. The Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling.
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7. Both the Plaintiff and Defendant are sui juris and are citizens of the United States.
The Plaintiff avers as the grounds upon which this action is based is that the
marriage between the parties hereto is irretrievably broken.
WHEREFORE, the Plaintiff requests this Honorable Court to enter a decree
divorcing the Plaintiff and Defendant absolutely.
COUNT II
CLAIM FOR EQUITABLE DISTRIBUTION UNDER
SECTION 3502 OF THE DIVORCE CODE
9. The preceding paragraphs of this Complaint are incorporated herein by reference as
though set forth in full.
10. The Plaintiff and Defendant have acquired property during their marriage, which is
subject to equitable distribution by this Court.
11. The Plaintiff and Defendant have been unable to agree as to an equitable distribution
of said property.
WHEREFORE, the Plaintiff requests this Honorable Court to divide all marital
property pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry of the
final divorce decree.
COUNT III
REQUEST FOR CUSTODY UNDER §1915.15 AND §1920.32
OF THE DIVORCE CODE
12. The allegations of Paragraphs one (1) through eight (11) are incorporated herein by
reference as though set forth in full.
20. The father of the children is Joseph E. Frey, currently residing at 6019 Robert Drive,
Mechanicsburg, Cumberland County, PA 17050.
21. The relationship of plaintiff to the child is that of mother. The plaintiff currently
resides with the following person: Mindy Sue Fry, niece of the father.
22. The relationship of the defendant is that of father. The Defendant currently resides
alone.
23. 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.
24. Plaintiff has no other information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
25. Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the child or who claims to have custody or visitation rights with respect to the
child.
26. The best interest and permanent welfare of the child will be served by granting the
relief requested.
27. 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.
WHEREFORE, Plaintiff requests that this Honorable Court grant custody of the
child to the mother.
13. The Plaintiff is Diana J. Frey, who currently resides at 112 N. Walnut Street, 2nd
Floor, Mechanicsburg, Cumberland County, PA 17055.
14. The Defendant is Joseph E. Frey, who currently resides at 6019 Robert Drive,
Mechanicsburg, Cumberland County, PA 17050.
15. The Plaintiff seeks custody of the following child: Liam Joseph Frey, 112 N. Walnut
Street, 2nd Floor, Mechanicsburg, Cumberland County, PA 17055; date of birth:
August 29, 2002;
16. The child was not born out of wedlock.
17. At the time of preparation of this amended complaint, the child is in the custody of
Diana J. Frey, who resides at 112 N. Walnut Street, 2nd Floor, Mechanicsburg,
Cumberland County, PA 17055;
18. During the past five years, the children have resided with the following persons and
at the following addresses:
(a) Diana J. Frey and Jeseph E. Frey at 6019 Robert Drive, Mechanicsburg,
Cumberland County, PA 17050, from January 1, 2004 until June 29, 2009;
(b) Joseph E. Frey at 6019 Robert Drive, Mechanicsburg, Cumberland County,
PA 17050, from June 29, 2009 until September 29, 2009;
(c) Diana J. Frey and Mindy Sue Fry (niece of the defendant) at 112 N. Walnut
Street, 2nd Floor, Mechanicsburg, Cumberland County, PA 17055, from September 29,
2009 to present.
19. The mother of the children is Diana J. Frey, currently residing at 112 N. Walnut
Street, 2nd Floor, Mechanicsburg, Cumberland County, PA 17055.
Respectfully submitted,
G. Patrick O'Connor
3105 Old Gettysburg Road
Camp Hill, PA 17011
(717) 737-7760
ID No. 64720
VERIFICATION
I, DIANA J. FREY, state that I am the PLAINTIFF in the above-captioned case
and that the facts set forth in the foregoing are true and correct to the best of my
knowledge, information, and belief. I realize that false statements herein are subject to
the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec. 4904.
DIANA J. FREY
Date: 11-13-0 9
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2009 NOY 18 PM 2: 09
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
DIANA J. FREY, NO. 09-7223 Civil Term
Plaintiff
VS.
CIVIL ACTION - LAW
JOSEPH E. FREY,
Defendant IN DIVORCE
REQUEST OF MARRIAGE COUNSELING
I, Joseph E. Frey am requesting marriage counseling in this divorce.
Date
Joseph E. Frey
RLED-OFF
OF THE FAA !-l, TARP
2989 NOV 19 Ate 9. 14
i'ENNS`(i.VVA4A,
'J
DIANA J. FREY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 2009-7223 CIVIL ACTION LAW
JOSEPH E. FREY
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Friday, November 20, 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 Monday, December 14, 2009 at 9:30 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/ ac ueline M. Verne 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
TfLED-Ci-riGE
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DIANA J. FREY, IN THE COURT OF COMMON PLEA O~~ =;-j
Plaintiff CUMBERLAND COUNTY, PENNSYbV',~TIPs~ ° ~t
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JOSEPH E . FREY, ~ ~ .,_._ ,~
Defendant NO. 09-7223 CIVIL TERM ~. ~
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ORDER OF COURT
AND NOW, this 2nd day of August, 2010, hearing in
this matter is continued to September 16, 2010, at 3:30 p.m.
Pending said hearing, we enter the following Temporary Order:
1. The Mother, Diana J. Frey, and the Father, Joseph
E. Frey, shall have shared legal custody of Liam Joseph Frey,
born August 29, 2002. The parents 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 his health,
education and religion. Pursuant to the terms of 23 Pa. C.S.
Section 5309, each parent shall be entitled to all records and
information pertaining to the child, including but not limited
to medical, dental, religious or school records, the residence
address of the child and the other parent. To the extent one
parent has possession of any such records or information, the
parent shall be required to share the same or copies thereof
with the other parent within such reasonable time as to make the
records and information of reasonable use to the .other parent.
Both parents shall be entitled to full participation in all
education and medical/treatment planning meetings and evaluation
with regard to the minor child. Each parent shall be entitled
to full and complete information from any physician, dentist,
-a
teacher or authority and copies of any reports given to them as
parents, including but not limited to medical records, birth
certificates, school or educational attendance records or report
cards. Additionally, each parent shall be entitled to receive
copies of any notices which come from school with regard to
school pictures, extracurricular activities, children's parties,
musical presentations, back-to-school-nights and the like.
2. Father shall have primary physical custody of the
child.
3. Mother shall have the following periods of
partial physical custody:
A. Alternating weekends from Friday at 7:00 p.m.
until Sunday at 7:00 p.m. commencing Friday, August 20, 2010.
B. Every Tuesday from 5:00 p.m. until 8:00 p.m.
C. Such other times at the parties agree.
4. Holidays:
A. Christmas shall be divided into two blocks.
Block A shall be from 12:00 noon Christmas Eve until 12:00 noon
Christmas Day. Block B shall be from Christmas Day at 12:00
noon until December 26 at 12:00 noon. Father shall have Block A
in odd-numbered years and Block B in even-numbered years.
Mother shall have Block A in even-numbered years and Block B in
odd-numbered years.
B. The parties shall alternate the New Year's
Day holiday with Mother having the child from 9:00 a.m. until
3:00 p.m. and Father having the child from 3:00 p.m. until 9:00
p.m. in odd-numbered years, and in even-numbered years Father
will have the child from 9:00 a.m. until 3:00 p.m. and Mother
,.
will have the child from 3:00 p.m. until 9:00 p.m.
C. Easter shall be divided 9:00 a.m. until 3:00
p.m. and 3:00 p,m. until 9:00 p.m. The weekend custodial parent
shall have the earlier time.
D. Thanksgiving shall be alternated from year to
year from Wednesday at 7:00 p.m. until Thursday at 7:00 p.m.
Mother shall have even-numbered years and Father shall have
odd-numbered years.
E. Memorial Day, July 4th and Labor Day shall be
from 7:00 p.m. the night before until 7:00 p.m. the day of the
holiday, and alternated among the parties with Father having
Memorial Day in 2010 and the parties alternating thereafter.
F. Summer. Mother shall be entitled to three
weeks in the summer, two of which may be consecutive, provided
Mother gives 30 days prior notice and a location and telephone
number where the child may be contacted.
5. Neither party may partake in illegal drugs or
consume alcohol to the point of intoxication immediately before
or during their period of physical custody.
6. Neither party may do or say anything nor permit
any third party from doing or saying anything that may estrange
the child from the other parent, injure the opinion of the child
as to the other parent, or hamper the free and natural
development of the child's love and respect for the other
parent.
7. Transportation of the child for exchanges shall
be shared. The party acquiring custody of the child shall be
responsible to provide transportation for the exchange of
1l,
custody.
8. 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.
r' G. Patrick O'
Connor, Esquire
Attorney for Mother
John Kerr, Esquire
Attorney for Father
srs
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DIANA J. FREY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOSEPH E. FREY,
Defendant NO. 09-7223 CIVIL TERM
ORDER OF COURT
AND NOW, this 16th day of September, 2010,
hearing in this matter having been continued to give the Mother
the opportunity to attend, and Mother having failed to attend,
our Order of August 2, 2010 is made final.
-' G. Patrick O'Connor,
Attorney for Mother
John Kerr, Esquire
Attorney for Father
srs
Esquire
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