HomeMy WebLinkAbout10-0263LESLIE GAIL CURRIE, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
VS. NO. lOc2(o3 CIVIL TERM C p
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TIMOTHY PATRICK CURRIE, : CIVIL ACTION - LAW r,
DEFENDANT : ACTION FOR DIVORCE i CUSY ,
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NOTICE TO DEFEND AND CLAIM RIGHTS= v
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You have been sued in court. If you wish to defend against the claims set forth in the follow ng
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 maybe 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387.
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 PA 17013
(717) 249-3166
1-800-990-9108 $4(A. E30 PO aT-M
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LESLIE GAIL CURRIE,
PLAINTIFF
VS.
TIMOTHY PATRICK CURRIE,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. l0-c2tv3 CIVIL 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, LESLIE GAIL CURRIE, by and through her 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.
1. Plaintiff is LESLIE GAIL CURRIE, an adult individual, whose mailing address
is 17 Ginger Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Plaintiff
has resided in Cumberland County for over six (6) months.
2. Defendant is TIMOTHY PATRICK CURRIE, an adult individual, who resides
at 52 Inglenook Road, Halifax, Dauphin County, Pennsylvania, 17032.
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 December 24, 1992.
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.
Neither Plaintiff nor Defendant were ever members of the United States Military
Service.
9. Plaintiff and Defendant have three (3) children from their marriage, EMILY
FRANCES CURRIE, born on February 10, 1993, NOLAN KARL CURRIE, born on
November 21, 1994 and McKELL JOHN CURRIE, born on July 21, 1997.
COUNT I - REQUEST FOR NO-FAULT DIVORCE
UNDER SECTION 3301(c) 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, LESLIE GAIL CURRIE,
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
EMILY FRANCES CURRIE 16 years Female February 10, 1993
NOLAN KARL CURRIE 15 years Male November 21, 1994
McKELL.JOHN CURRIE 12 years Male July 21, 1997
16. During the past five (5) years the children have resided with the parties and at the
addresses herein indicated:
WITH WHOM ADDRESS FROM / TO
Plaintiff and Defendant 17 Ginger Drive 2003 to October 12, 2009
Mechanicsburg, PA
Plaintiff 17 Ginger Drive October 12, 2009 to Present
Mechanicsburg, PA
17. Plaintiff has not participated in any other litigation concerning the children in this
or any other state.
18. There are no other proceedings pending involving custody of the children in this
or any other state.
19. Plaintiff knows of no person not a party to these proceedings who has physical
custody of the children or who claims to have custody, partial custody or visitation rights with
respect to the children.
20. The best interests of the children 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 children.
WHEREFORE, Plaintiff, LESLIE GAIL CURRIE, requests this Honorable Court
grant Plaintiff, LESLIE GAIL CURRIE, and Defendant, TIMOTHY PATRICK CURRIE,
Shared Legal Custody of the minor children, EMILY FRANCES CURRIE, NOLAN KARL
CURRIE and McKELL JOHN CURRIE and Plaintiff, LESLIE GAIL CURRIE, Primary
Physical Custody and Defendant, TIMOTHY PATRICK CURRIE, Partial Physical Custody,
of the children, EMILY FRANCES CURRIE, NOLAN KARL CURRIE and McKELL
JOHN CURRIE, as in the children's best interest.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: December 2009
Susan Kay Candi qi
Counsel for Plai tiff
PA I.D. # 64998
4010 Glenfinnan c
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. §4904elating to unsworn falsification to authorities.
DATED: / O4)
LE
LESLIE GAIL CURRIE
PLAINTIFF
V.
TIMOTHY PATRICK CURRIE
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
10-263 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
11 13, 2010 _ upon consideration of the attached Complaint,
AND NOW, Wednesday, Janua
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 Thursday, February 11, 2010 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 hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilrc
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
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LESLIE GAIL CURRIE, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
VS. NO.10-263 CIVIL TERM 77;
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TIMOTHY PATRICK CURRIE, : CIVIL ACTION - LAW
DEFENDANT : ACTION FOR DIVORCE c,?+
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STIPULATION FOR AGREED ORDER OF CUSTODY
The Plaintiff (hereinafter sometimes referred to as "Mother") is LESLIE GAIL
CURRIE, who currently resides at 17 Ginger Drive, Mechanicsburg, Cumberland County,
Pennsylvania, 17050.
The Defendant (hereinafter sometimes referred to as "Father") is TIMOTHY PATRICK
CURRIE, who currently resides at 52 Inglenook Road, Halifax, Dauphin County, Pennsylvania,
17032.
EMILY FRANCES CURRIE (hereinafter sometimes referred to as "Emily"), born on
February 10, 1993, NOLAN KARL CURRIE (hereinafter sometimes referred to as "Nolan"),
born on November 21, 1994 and McKELL JOHN CURRIE (hereinafter sometimes referred to
as "McKell"), born on July 21, 1997, are the subjects of this Stipulation for Agreed Order of
Custody.
It is Plaintiff and Defendant's belief that it is in the best interests of their minor children
to have a meaningful ongoing relationship with both their natural Mother and natural Father,
provided the children are in a safe environment.
WHEREFORE, Plaintiff, LESLIE GAIL CURRIE, and Defendant, TIMOTHY
PATRICK CURRIE, have entered into a mutual agreement regarding the custody of their
children and respectfully request this Honorable Court to enter the following Order:
1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A. Section
5302) of their minor children, EMILY FRANCES CURRIE, NOLAN KARL CURRIE and
McKELL JOHN CURRIE.
2. All decisions affecting their children's growth and development including, but not
limited to: choice of camp, if any; choice of day care provider; medical and dental treatment;
psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential
litigation involving their children, directly or as beneficiary, other than custody litigation;
education, both secular and religious; scholastic athletic pursuits and other extracurricular
activities shall be considered major decisions and shall be made by Father and Mother, jointly,
after discussion and consultation with each other and with a view towards obtaining and
following a harmonious policy in their children's best interest.
3. Mother and Father agree to keep the other informed of the progress of their children's
education and social adjustments. Mother and Father agree to communicate with each other and
not to use the children to avoid communication with the other parent. Mother and Father agree
not to impair the other's right to shared legal or physical custody of their children. Mother and
Father agree to give support to the other in the role as parent and to take into account the
consensus of the other for the physical and emotional well-being of their children.
4. While in the presence of their children, neither Mother nor Father shall make, or
permit any other person to make, any remarks or do anything which could in any way be
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construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of
each parent to uphold the other parent as one whom their children should respect and love.
5. It shall be the obligation of each parent to make their children available to the other
in accordance with the physical custody schedule and to encourage their children to participate in
the plan hereby agreed and ordered.
6. Each parent shall have the duty to notify the other of any event or activity that could
reasonably be expected to be of significant concern to the other parent.
7. With regard to any emergency decisions which must be made, the parent with whom
the children are physically residing at the time shall be permitted to make the decision
necessitated by the emergency without consulting the other parent in advance. However, that
parent shall inform the other of the emergency and consult with him or her as soon as possible.
Day-today decisions of a routine nature shall be the responsibility of the parent having physical
custody at the time.
8. Mother and Father shall be entitled to complete and full information from any doctor,
dentist, teacher or authority and have copies of any reports given to them as a parent. Such
documents include, but are not limited to, medical reports, academic and school report cards,
birth certificates, etc. Both parents may and are encouraged to attend school conferences and
activities. Both parents' names shall be listed with the school their children attend as parents to
be contacted in the event of an emergency, and to be notified regarding school events. Each
party shall provide the other, promptly after receipt, with copies of report cards and notification
of major school events
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9. Neither Mother nor Father shall schedule activities or appointments for their children,
which would require their attendance or participation at said activity or appointment during a
time when their children are scheduled to be in the physical custody of the other parent without
that parent's express prior approval.
10. The parties have agreed Mother shall have Primary Physical Custody and Father
shall have Partial Physical Custody of their minor children, Emily Frances Currie, Nolan Karl
Currie and McKell John Currie, in accordance with the following schedule:
A. The children shall be at Mother's residence Monday through Thursday. Father
may request to have the children one (1) to two (2) evenings or days Monday through
Thursday, when the children are not in school and Father is not working. Father and
Mother shall alternate weekends beginning Friday morning through Sunday evening.
Father's employment sometimes requires him to work every weekend. If Father must
work on his scheduled weekend the children shall be with Mother on that weekend.
B. The parties shall adhere to the following holiday schedule:
1) New Year's Eve and Day - If Father is off work, children can decide
where they want to spend this Holiday.
2) Easter - Children can decide where they want to spend this Holiday
3) Memorial Day - Children can decide where they want to spend this
Holiday
4) Independence Day - Children can decide where they want to spend
this Holiday
5) Labor Day - Children can decide where they want to spend this
4
Holiday
6) Thanksgiving Day - If father is off work, Children can decide where
They want to spend this Holiday
7) Christmas - If father is off work, Children can decide to where to
spend Christmas Eve and then spend Christmas day with the other
parent.
C. Mother and Father shall each have the option of requesting one (1) to
two (2) weeks of vacation during the year with their child, providing a minimum
of thirty (30) days' notice of the time requested is given to the other party in
writing. If the parents choose the same times, the parent who notifies the other
parent first, gets that time for vacation. The parent taking the child on vacation
shall provide other parent with a location(s) where the child will be and a
telephone number to contact the child;
D. If the parent with custody of the children is not able to care for the
children during their custodial period, that parent shall contact the other parent to
offer them custody of the children before that parent obtains other children care
for the children.
E. The parties are encouraged to discuss and cooperate with each other
when sharing and making requests for changes in periods of visitation. All
permanent changes in periods of custody from those contained in this custody
agreement shall be made in writing and signed by both parties;
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F. All holidays, vacations, and specially designated times for visitation
with their child shall supersede the regularly scheduled visitation.
11. The custodial parent shall allow the children liberal communication with the non-
custodial parent, whether by telephone or email.
12. Mother and Father agree to be responsible for any ordinary everyday expenses which
occur during their individual custody periods with their children.
13. During any period of custody or visitation, the parents shall not possess or use
controlled substances or consume alcoholic beverages to the point of intoxication. The
parties shall likewise assure, to the extent possible, that other household members and/or
houseguests comply with this prohibition.
14. Neither party will smoke cigarettes or tobacco products nor allow others to
smoke in the presence of the children.
15. The parent with physical custody of their children agrees to keep the other parent
fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which
their children have become involved.
16. Mother and Father agree to provide each other with current information regarding
their children. Mother and Father also agree to have each other listed as an emergency contact
with any adult and/or agency their children interact with.
17. Mother and Father agree to share transportation equally. The parent ending their
period of custody shall take the children to the parent beginning their period of custody. Mother
and Father must always transport the child in appropriate and safe child car seats.
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18. Mother and Father agree to provide each other with written notice of their intent to
relocate a minimum of ninety (90) days prior to their move.
19. If the parties disagree and/or are unable to reach a joint decision regarding their
children, they agree to utilize either Counseling or Mediation to assist them to reach a resolution
before resorting to seeking a resolution through the court system;
20. Mother and Father shall be free to mutually agree to alter and/or change the terms of
this agreement. If the alteration and/or agreement is permanent and/or a change which will occur
on numerous occasions, the parties agree the alteration and/or change shall be in writing
and si ed by both parents.
9 1 94
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Wn-NESS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C (le '* 4 44 & Alb
SS:
On this, the_7 day of :TR &I I•`R k. If , 2010, before me, a Notary Public
for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared LESLIE
GAIL CURRIE known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and notarial seal.
c0;Lower WMTH OF PENNSYLVANIA
Notarial Seri
jAllen a Shelter, Notary Public
sio n ,Cumbe prlec. and 8 2011 County Notary Public /
/
Member, Pennsyhenia ^ °U1?e' My Commission Expires: /tiZ-1(?? o ??
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF C?r-?c?rrc?
On this, the (:9" day of 111?.-o 2010, before me, a Notary
Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared
TIMOTHY PATRICK CURRIE, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Stipulation for Agreed Order of Custody, and
acknowledged that he executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Joseph L. Grove, Notary Public
Silver Spring Twp., Cumberland County
My Commission Ex ires June_„18, 2013
Member, Penney veni@ R @E9Nt%s
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FEB 0 2010 (y,?
LESLIE GAIL CURRIE,
PLAINTIFF
VS.
TIMOTHY PATRICK CURRIE,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 10-263 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DIVORCE
ORDER OF COURT
AND NOW, this k14 ay of le ?ru q , 2010, upon consideration of the
attached Stipulation for Agreed Order of Custody, Plaintiff, LESLIE GAIL CURRIE, and
Defendant, TIMOTHY PATRICK CURRIE, shall SHARE LEGAL CUSTODY and
Plaintiff, LESLIE GAIL CURRIE shall have PRIMARY PHYSICAL CUSTODY and
Defendant, TIMOTHY PATRICK CURRIE shall have PARTIAL PHYSICAL CUSTODY
of their minor children, EMILY FRANCES CURRIE, NOLAN KARL CURRIE and
McKELL JOHN CURRIE, in accordance with the language contained in the within
Stipulation.
(20 1 "-) M -a (' L-cc
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BY THE COURT,
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LESLIE GAIL CURRIE, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
VS. NO. 10-263 CIVIL TERM
TIMOTHY PATRICK CURRIE, : CIVIL ACTION - LAW c
DEFENDANT ACTION FOR DIVORCE / CUST Y Z
ACCEPTANCE OF SERVICE
ra
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,
P
Dated:
TIM AT CK CURRIE
Defen ant
FES 0q Colo
LESLIE GAIL CURRIE, IN THE COURT OF COMMON PLEAS PJ _
Plaintiff CUMBERLAND COUNTY
PENN9LV3NL kR
Plaintiff ,
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TIMOTHY PATRICK CURRIE, NO. 2010-0263 i9s
Defendant IN CUSTODY
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ORDER
AND NOW, this t? day of February, 2010, the Conciliator being advised the parties
have reached an agreement, the Conciliator relinquishes jurisdiction.
Hub . Gilroy, quire
Custody Concilia r