HomeMy WebLinkAbout09-7529SARAH DERR, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
V. NO. dq 75 4? ?/ l//
RYAN JAMES DERR, CIVIL ACTION - LAW
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 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 counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Dauphin County Court House, Front and Market Streets, Harrisburg,
Pennsylvania 17101.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS ENTERED, 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 Lawyer Referral Service
32 South Bedford Street
Carlisle, Pa 17013
249 3166
Document #: 172175.1
SARAH DERR, IN THE COURT OF COMMON SARAH DERR,
IN THE COURT OF COMMON PLEAS
Plaintiff DAUPHIN COUNTY, PENNSYLVANIA
V. NO. d4 75 a7? ?l Z/
RYAN JAMES DERR, CIVIL ACTION - LAW
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
1. The Plaintiff, Sarah Derr, is an adult who resided at 139 East Pamphlet Street,
Carlisle Pa 17013 for in excess of one year prior to the filing of this complaint for Divorce. Due
to extreme and repeated domestic violence, Plaintiff currently resides at an undisclosed location.
2. The Defendant, Ryan James Derr, is an adult individual currently residing at 139
East Pomfret Street, Carlisle Pa 17013..
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4. Plaintiff s social security number is: 289 88 1988; and Defendant's social
security number is 161 62 1937.
5. The Plaintiff and Defendant were married on April 5t', 2008.
6. The Plaintiff and Defendant are not in the military or naval forces of the United
States.
7. There have been no prior actions of divorce between the parties in this or any
other state.
8. There was one child born during this marriage whose name and date of birth is;
Document #: 172175.1
Michael Preston Derr DOB 10/9/08.
DIVORCE PURSUANT TO 43301(c) OF THE DIVORCE CODE
9. Paragraphs one through eight are incorporated herein by reference as if set forth
in full.
10. Plaintiff avers that the marriage is irretrievably broken.
11. Plaintiff further avers that Defendant has continually and repeatedly abused her
physically and believes he has engaged in extra marital affairs while married to Plaintiff.
12. Plaintiff has been advised of the availability of marital counseling and that either
party has the right to request that the court require the parties to participate in counseling.
COUNT II CUSTODY
13. Plaintiff is the natural mother of the child born during this marriage.
14. Defendant is the natural father of the child born during this marriage.
15. Plaintiff seeks full physical custody and joint legal custody of the minor child born
during this marriage.
16. The minor child currently lives with the Plaintiff in an undisclosed location due to
domestic abuse sustained while living with Defendant.
17. That Defendant has an established a history of domestic and alcohol abuse.
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree of divorce and
award full physical and joint legal custody of the parties' minor child to Plaintiff.
Document #: 172175.1
Richard R. Gan, Esquire
Attorney I.D. No. 68721
64 South Pitt Street
Carlisle, Pa 17013
(717) 241-4300
Attorneys for Plaintiff
12--Cf /OX Attorneys for Plaintiff
Dated: 0
Document #: 172175.1
GAN LAW GROUP
VERIFICATION
I, SARAH DERR verify that the facts set forth in the foregoing Complaint in Divorce are
true and correct to the best of my personal knowledge or 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: V
azah Derr
Document #: 172175.1
?ARY
?f
2009 OCT 30 Al iii: 36
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66- to is 4/d
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SARAH DERR,
V.
RYAN JAMES DERR,
IN THE COURT OF COMMON PLEAS
Plaintiff DAUPHIN COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
Defendant IN DIVORCE
PETITION FOR EMERGENCY RELIEF
I. The Plaintiff, Sarah Derr, is an adult who resided at 139 East Pamphlet Street,
Carlisle Pa 17013 for in excess of one year prior to the filing of this complaint for Divorce. Due
to extreme and repeated domestic violence, Plaintiff currently resides at an undisclosed location.
2. The Defendant, Ryan James Derr, is an adult individual currently residing at 139
East Pomfret Street, Carlisle Pa 17013..
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months immediately previous to the filing of this Petition
4. Plaintiff' has filed, simultaneously with this petition a complaint for divorce.
5. Plaintiff seeks full physical and joint legal custody of the minor child born of this
marriage.
6. Plaintiff is out of residence at an undisclosed location due to repeated incidents of
domestic violence during which she was struck, beaten and threatened.
7. Defendant has a documented history of alcohol abuse which creates a volatile
and dangerous environment for Plaintiff and her minor child.
8. That Plaintiff must assure the safety of her minor son at all costs.
Document #: 172175.1
9. That the only way she can accomplish this is to have full physical and joint legal
custody of the minor child.
10. That Plaintiff has no where to live in the state of Pennsylvania
11. That Plaintiffs parents live in the state of Virginia.
12. Plaintiff has been advised that she can move herself and her son with their meager
possessions so they have a place to live to Virginia at the earliest possible date.
13. That without her parent's assistance, Plaintiff has no where to live and will be
homeless.
14. That it is in the best interest of the Plaintiff and the minor child of this marriage to
be safe and secure in Virginia pending further hearing on the merits of this petition for custody.
WHEREFORE, Plaintiff respectfully asks this court to enter an Order granting Plaintiff
full physical and joint legal custody of the minor child pending further hearing in this matter.
Richard R. Gan, Esquire
Attorney I.D. No. 68721
64 South Pitt Street
Carlisle, Pa 17013
(717) 241-4300
Attorneys for Plaintiff
Document #: 172175.1
GAN LAW GROUP
VERIFICATION
I, SARAH DERR verify that the facts set forth in the foregoing Petition for Emergency
Relief are true and correct to the best of my personal knowledge or information and belief. I
understand that false statements herein are made subject to the penalties of 18 PA CS 4904
relating to unsworn falsification to authorities.
Date: U l" 1
T--?
Sarah Derr
Document #: 172175.1
FILrt?r 1CF:
2009 OCT 30 AM 10: 36
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OCT 3 0 2009
SARAH DERR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
IN CUSTODY
V.
RYAN JAMES DERR,
Defendant
ORDER
AND NOW, this 3o day of oc yv 2009, upon review and consideration
of Plaintiffs Petition for Emergency Relief, a.copy of which is attached hereto, it is ORDERED
AND DECREED that Plaintiff Sarah Derr shall have Full Physical and Joint legal custody of the
'0.1,,, "), " iw •
minor child Michael Preston Derr pending ` xk4v ?, l c a,., a..+. co'- sec. a v 'n ce*.,?, /I ?...?.. ,,,, ; J'k Pe 2 c
cc: -." Richard R. Gan
64 South Pitt Street
Carlisle, Pa 17013
cc: Ryan James Den
139 East Pomfret Street
Carlisle, Pa 17013
BY THE COURT:
Document #. 219714.1
RLEC ?)I F CE
OF THE T, HO OTARY
2009 NOV -2 Ali 8: ! 5
CUt116?4 ?: l.. 'J'riLF? R
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
SARAH DERR,
Plaintiff
V. NO. Oq - r15a29 l i v i 1
RYAN JAMES DERR, CIVIL ACTION - LAW
Defendant COMPLAINT FOR CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Sarah Derr, residing at 139 East Pomfret Street, Carlisle
Pennsylvania, 17013.
2. Defendant Ryan James Derr resides at 139 East Pomfret Street, Carlisle,
Cumberland County, Pennsylvania, 17013.
3. Plaintiff Sarah Derr is the natural mother of the child in question.
4. Plaintiff seeks custody of the following child born during this marriage:
NAME PRESENT RESIDENCE AGE
Michael Preston Derr 1000 Kincaid Terrace 1 (DOB 10-9-08)
Chesapeake, Virginia 23320
6. The child currently resides with Plaintiff at her parent's residence which she was
required to go to due to repeated physical violence by Defendant. She is married to Defendant.
7. During the past year, the child has resided with the following persons and at the
following addresses:
Document # 135061
NAME RESIDENCE YEARS
Sarah Derr
Ryan James Derr
139 East Pomfret, Carlisle 2008-2009
Same
2008-2009
8. The father of the child is Ryan James Derr, Defendant herein, who currently resides at
139 E. Pomfret Street, Carlisle Pa 17013. He is married to Plaintiff.
9. The relationship of Defendant to the child is that of natural father.
10. The Defendant currently resides with the following persons:
NAME RELATIONSHIP
Ryan James Derr
Self at 139 East Pomfret, Carlisle
11. Plaintiff has not participated as a parry or witness in any other capacity, in other
litigation concerning the custody of the child in this or another court.
12. Plaintiff has no information of a custody proceeding concerning the children pending
in a court of this Commonwealth.
13. Plaintiff does not know of a person not a party to the proceedings that has physical
custody of the children or claims to have custody or visitation rights with respect to the children.
14. The best interest and permanent welfare of the minor child will be served by
granting primary physical custody to Plaintiff Sarah Derr.
a.) Plaintiff Sarah Derr is in the best position to supply a warm, caring and
nurturing home for her minor son.
Document # 135061
WHEREFORE, Plaintiff, Sarah Derr, requests the Court grant her primary physical
custody of her son with reasonable visitation rights to Defendant Ryan James Derr.
Respectfully submitted,
GAN LAW OFFICES.
Richard R. Gan, Esqu
I.D. No. 68721
64 South Pitt Street
Carlisle„ PA 17013
(717) 241 4300
Attorney for Plaintiff
Document # 135061
f= l_F 1CF
2GO9HOV -9 Pi i 12: G8
SARAH DERR IN THE COURT OF COMMON PLEAS OF
PI..AINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
RYAN JAMES DERR
DEFENDANT
2009-7529 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, November 09, 2009 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on - Friday, December 11, 2009 at 8:30 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 hearinLy.
FOR THE COURT,
By: /s/ Hubert X. Gilroy, Es q. V3 I,
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
L 3L
46 44,( P
Cod mact,. ,4o 2.-bw-
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IN THE COURT OF COMMON PLEAS OF
SARAH DERR :CUMBERLAND COUNTY, PENNSYLVANIA
V.
RYAN JAMES DERR NO. 09-7529
DIVORCE DECREE
AND NOW, Q. w`/ ~~ , 'u+ ~ ° , it is ordered and decreed that
SARAH DERR ,plaintiff, and
RYAN JAMES DERR ,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
By the Court,
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