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Home My WebLink About10-1039L' F:\FILES\CLents\13697 McCann\13697.1.com Revised: 2/9/10 0:10PM n -.3 4 Jennifer L. Spears, Esquire '; - co n 3 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER' `• m MARTSON LAW OFFICES 4 I.D. 87445 t° - ? 10 East High Street r ?`- Carlisle, PA 17013 '? .. (717) 243-3341 Attorneys for Plaintiff DANIEL McCANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TAMARA S. McCANN, Defendant : 2010- /Q 39 CIVIL ACTION - LAW IN 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 of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street 66 Carlisle, Pennsylvania 17013 .5-0 .1ZJ Telephone (717) 249-3166 7 . S6 purl Q f cL 71 ou ?27y??- DANIEL McCANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 2010- CIVIL ACTION - LAW TAMARA S. McCANN, Defendant IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR (D) OF THE DIVORCE CODE Plaintiff is Daniel McCann, who currently resides at 107 Fieldstone Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Tamara S. McCann, whose current address is unknown; however, her last known address is her parents' address at 158 East High Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on October 8, 1994, in Iowa. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Service Member's Civil Relief Act. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage of the parties is irretrievably broken. 9. When at the appropriate time, Plaintiff will file an affidavit stating that two years have expired from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301 of the Divorce Code. COUNTI REQUEST FOR CONFIRMATION OF CUSTODY 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. The parties are the parents of the following children who reside primarily with Plaintiff. Matthew Patrick McCann, born April 3, 1997, and Kirk James McCann, born April 11, 2005. 12. During the past five years, the children have resided with the parties and at the addresses indicated: 107 Fieldstone Drive, Carlisle, PA 17015. 13. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 14. There are no other proceedings pending involving custody of the children in this or any other state. 15. 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. 16. The best interests of the children will be served if primary custody of them is confirmed in Plaintiff. WHEREFORE, Plaintiff respectfully requests that §§3104 (a)(2) and 3323 (b) of the Divorce Code, the Court enter an award confirming primary custody of the children. MARTSON LAW OFFICES By Jennif L pears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: February 9, 2010 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Divorce and Custody Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. -Xuxq-?" Daniel McCann F:\FILES\CGmts\13697 McCann\13697. Lcom DANIEL MCCANN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TAMARA S. MCCANN DEFENDANT • 2010-1039 CIVIL ACTION LAW IN CUSTODY oRnER of couRT AND NOW, _ Monday, February 22, 2010 ,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 Tuesday, March 23, 2010 at 10:30 AM for aPre-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 Retief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn J. Man an r. Esq. __ 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 oftice. All arrangements must be made at least 72 hours prior to any hearing or business bet~~re 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 Bedti~rd Street Carlisle, Pennsylvania 17013 Telephone (7l7) 249-3166 r i l ~ f,~ i~'~µ~t. 2f~z't? F~~ 2~ 1=;~~, ,~, G.y,~; S~ ~ mss" lv ~1o i~ ~:~;~~®' ~ ~~~' Y F:\FILES\Clients\13697 McCann\13697.1.aos Revised: 2/25/10 4:44PM O ,~ , ;n* ' s - C} TT ~~. ... . ~S ~x Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ; ~' ' t ~ MARTSON LAW OFFICES -. rn" LD.87445 c;~ ~- ~ 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DANIEL McCANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. 2010- ~03 ~ CIVIL ACTION -LAW TAMARA S. McCANN, : Defendant IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Tamara McCann at 107 Fieldstone Drive, Carlisle, PA 17013 on February 16, 2010, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Tamara S. McCann" and dated February 24, 2010. -, Jennifef L Spears, Esquire Sworn to and subs ribed before me this ah{~ay of F.~prL<Gr~ , aot U. Cam. 5/~`. ~C.~+ ` Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seel Melissa A. Scholly, Notary Publk CarNssle Born, Cumberland County My COmm~sl0-1 ~W~ ],ln. 19, 2014 Member, PennsyNania~tlon of Notariesof Notaries a • ^ 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: ~ . ~~~ ~ ~~ ~t~.t.~-a~ ~~ l'7~ 1S_ A. ^ Addressee ate of Delivery p. Is delivery address d ~~~7 If YES, enter delivery a 1111, bel ~. 24 `° ~. ~~ 2010 ~ 3. Service Type ~Certffled Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7 p p 8 114 Q Q O 01 616 3i 3 715 (transfer from servke /ariel, PS Form 3811, February 2004 Domestic Return Receipt ~ r~ I• ~ • ~' r •-e iti ~~ ' m " ~ .~ rn ~ .~ - • - . J ra Postage $ ..O ' ll 1~ centred Fee Y c D Return Rece(pt Fee ~L 'I I Postmark ' (~ (Endorsement Required) . _ HBO,, J ~ - , Restricted Delivery Fee ~ tt ~4.• ~~~ \~~''~ ~ (Endorsement Required) . _ ~ r~ Total Postage & Fees ~Ili.?1 sl211~121:t1ti1 r~ ~ nt a or PO Box No. -- ~n,, state. zt - / ~ l3' 1D2595-02-M-1540