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HomeMy WebLinkAbout09-7532Herbert P. Henderson, II, Esquire PA ID No.: 56304 Pecht & Associates, PC 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW CHARLES E. HARBER, Plaintiff, V. No. / - ?5 3Z 4J ELODIA CORNEJO HARBER, Defendant DIVORCE and CUSTODY 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 or 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, 32 South Bedford Street, Carlisle, Pennsylvania . 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. Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 PECHT & ASSOCIATES, PC Herbert P. Henderson, II, Esq. PA ID No.: 56304 Pecht & Associates, PC 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 Herbert P. Henderson, II, Esquire PA ID No.: 56304 Pecht & Associates, PC 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 (717 699808 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW CHARLES E. HARBER, Plaintiff, V. No. 0j- 75-3,,? 11-41 ELODIA CORNEJO HARBER, DIVORCE and CUSTODY Defendant COUNT I - DIVORCE COMPLAINT UNDER SECTION 3301 (c) or 3301(d) of the DIVORCE CODE AND NOW, comes the Plaintiff Charles E. Harber, by and through his attorneys, Pecht & Associates, PC, and Herbert P. Henderson, II, and makes the following Complaint in Divorce respectfully representing as follows: 1. Plaintiff is Charles E. Harber, an adult individual, who currently resides at 15B West Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011 2. Defendant is Elodia Cornejo Harber, an adult individual, who currently resides at 681 South Front Street, Steelton, Dauphin County, Pennsylvania 17113. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 16, 1993 in Baltimore, Baltimore County, Maryland. 5. There have been no pending actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken; the parties separated January 31, 2009. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a decree of divorce from the bonds of matrimony existing between Plaintiff and Defendant. COUNT II - CUSTODY 8. Paragraphs 1 through 7 of the Plaintiffs Complaint are incorporated herein by reference as though the same were set forth more fully. 9. Plaintiff is Charles E. Harber, an adult individual, who currently resides at 15B West Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011 10. Defendant is Elodia Cornejo Harber, an adult individual, who currently resides at 681 South Front Street, Steelton, Dauphin County, Pennsylvania 17113. 2 11. Plaintiff seeks custody of the parties' minor children Andrew C. Harber, age 11, having been born on March 10, 1998; and Savannah V. Harber, age 10, having been born on March 29, 2000. 12. The children were not born out of wedlock. 13. During the past five (5) years the children have resided with the following persons, at the following addresses: a. With Charles E. Harber, Plaintiff, at 15B West Glenwood Drive, Camp Hill, Pennsylvania 17011 from January 31, 2009 to the present time; b. With Charles E. Harber and Elodia Harber, Plaintiff and Defendant, father and mother, at 15B West Glenwood Drive, Camp Hill, Pennsylvania 17011 from their respective dates of birth until January 31, 2009. 14. The parties hereto are the biological parents of the minor children named herein. 15. Plaintiff resides with the minor children and no one else. 16. Defendant resides with Maria T. Marroquin, her mother, at the present time. 17. The parties hereto are the biological parents of the minor children. 18. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 3 19. Plaintiff has no information of a custody proceeding concerning the minor children pending in a Court of this Commonwealth. 20. Plaintiff does not know of any 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. 21. The best interest and permanent welfare of the children will be served if this Honorable Court enters an Order providing Plaintiff has physical custody of the children and that Plaintiff has such physical custody rights as can be agreed and arranged, pending the custody conference for the following reasons: a. The minor children have resided in the Commonwealth of Pennsylvania with Plaintiff/ Father on a full time basis since their birth. b. The children will benefit from a fixed schedule of custody setting forth the specific dates and times they will be with each parent; C. Plaintiff is better suited to provide for the minor children's emotional and physical well being. 22. Each parents whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant Plaintiff primary physical custody of the minor children; Plaintiff and Defendant shared legal 4 custody; and Defendant partial physical custody with the minor children as can be agreed and arranged pending the custody conference. Respectfully submitted, PECHT & ASSOCIATES, PC October3 ° , 2009 Herbert P. Henderson, II PA ID No. 56304 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 5 VERIFICATION I, Charles E. Harber, Plaintiff herein, verify that the statements made in the foregoing pleading 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. Section 4904, relating to unsworn falsification to authorities. October 2009 Charles E. Harber ! 1 Iv F i L 7ARY f 20Cg OC f ?0 ; co / r ,,r CHARLES E. HARBER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-7532 CIVIL ACTION LAW ELODIA CORNEJO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 05, 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 Thursday, December 10, 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/ john . Man an r. Es q. 1.4 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 --FILED ..!E tTi?~ OF 7A 2009 NOV -6 AH 11: 54 Apo/ PECHT & ASSOCIATES, PC Herbert P. Henderson, II, Esquire PA ID No.: 56304 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW CHARLES E. HARBER, Plaintiff, v. No. D9-7532 ELODIA CORNEJO HARBER, DIVORCE and CUSTODY Defendant PROOF OF SERVICE I hereby swear and affirm that I served a copy of the divorce complaint on Defendant, Elodia Cornejo Harber by US First Class Mail, Certified., Return Receipt Requested (sender's receipt For 3800 and Return Receipt PS Form 3811) sender's receipts attached hereto on the 13th day of November, 2009. November 24, 2009 Herbert P. Henderson, II, Esquire PA ID No.: 56304 PECHT & ASSOCIATES, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 Attorney for Plaintiff a p .~ rti p p Certlfled Fee ~ Retum Redept Fee (Endorsement Required) p Restricted Delivery Fee r-l (Endorsement Required) rl m ~_._, m p p ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery 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: Ms. Elodia Cornejo Harber 681 South Front Street Steelton, PA 17113 A. X ^ Agent BLB. R by (Prfn Nar t ery C ~ ~ ~ ~~ D. Is delivery address different from hem 1? ^ Yes If YES, enter delivery address below: ^ No 3. Service Type Certified Mail ^ Express Mail ^ istered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery?(Extra Foe) ^ Yes 2. Artk~e Number (r-snsf~r han servfco fanayj 7 ~ ~ 3 311 ~ 0 0 ~ ~ 7 7 7 7 h7 6 01 Ps Form 3811, February 2004 Domest~ Return Receipt ,o~sss-ox_M-tsao CERTIFICATE OF SERVICE I, Herbert P. Henderson, II, Esquire, do hereby certify that on this the 24th day of November 2009, I served a true and correct copy of the foregoing Proof of Service by US First Class Mail as follows: Elodia Cornejo Harber 681 South Front Street Steelton, PA 17113 November 24, 2009 Herbert P. Henderson, II, Esquire PA ID No.: 56304 Pecht & Associates, PC 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 . ~ -: .._~ ,,,~ ,. „, 4~~ lrU J _ ,~,~i~~ i i ,-, a~,.. ._'' cj CHARLES E. HARBER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-7532 -~,3 rn ~ --+ ~ ~ ELODIA CORNEJO HARBER,: CIVIL ACTION -LAW . ~, ~ ._., ~ -~ Defendant ~ IN DIVORCE/CUSTODY ~X ~ ~~ .~ c~ °c ~~ ~~ ~~ ~ ~ ' PRAECIPE FOR WITHDRAWAL OF APPEARANCE ~.~ w =~~' TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please withdraw the appeazance of Gregory R. Reed, Esquire on behalf of the Defendant in the above referenced matter. Respectfully Submitted, Dated: ~l3 0~~ / d Gregory R. eed, Esquire 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 Id. No. ENTRY OF APPEARANCE Please enter the appeazance of Marianne E. Rudebusch, Esquire, on behalf of the Defendant in the above referenced matter. Dated: ~ b~~~0 Respectfully Submitted, v ~ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 PECHT & ASSOCIATES, P.C. WAYNE M. PECHT, ESQUIRE 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 717-691-9808 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHARLE E. HARBER, vs. Plaintiff ELODI.A CORNEJO HARBER, Defendant No. 09-7532 AFFIDAVIT OF CONSENT `. . s c:J ;. 1. A complaint in Divorce under 3301(c) of the Divorce Code was filed on October 30, 2009. 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and the service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. §4909 relating to unsworn falsification to authorities. Dated: d"- ? p" y- Charles E. Harber PECHT & ASSOCIATES, P.C. WAYNE M. PECHT, ESQUIRE 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 717-691-9808 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSY, VANIA`:. CIVIL ACTION -LAW .. `- - a rn CO CD ' CHARLE E. HARBER, ? 4 Plaintiff -? r vs. No. 09-7532 ELODIA CORNEJO HARBER - , ? Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OR 3301 (d) OF THE DIVORCE CODE ' 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division or property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: C.,L ?. ? 4-", ??- Charles E. Harber CHARLES E. HARBER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-7532 ° f,;} m r-1 ELODIA CORNEJO HARBER : CIVIL ACTION - LAW , Defendant : IN DIVORCE 4=fir AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 30, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: -, Elodia Cornejo Harber CHARLES E. HARBER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA - - c, V. : NO. 09-7532 e • CIVIL ACTION - LAW ELODIA CORNEJO HARBER , Defendant : IN DIVORCE CD- ra WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE. 1. I consent to the entry of a Final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. 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: - j Elodia Cornejo Harber IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHARLES E. HARBER, vs. Plaintiff No.2009-7532-Civil Term ELODIA CORNEJO HARBER, AND NOW, this Defendant DECREE day of_ /?lpwiy ?" , 2011, it is ORDERED and DECREED that CHARLES E. HARBER, Plaintiff and ELODIA CORNE.10 HARBER Defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendent elite 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: NONE. By the Court, J. Attest: Pr thonotary joalz,°ol 11ap Per o4 T