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HomeMy WebLinkAbout10-2842JAMES E. NESTLER, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA na NO _ V. . CIVIL - DIVORCE/CUSTODY ?. y =? SHARON ANN NESTLER, co =±` ' Defendant ML ;n a? NOTICE TO DEFEND 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 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 first floor in the Cumberland County Courthouse, 1 Courthouse Square, 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '???s sa o 7,6 a 11 a 7f ells. JAMES E. NESTLER, JR., Plaintiff V. SHARON ANN NESTLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW DIVORCE COMPLAINT IN DIVORCE WITH CUSTODY COUNT AND NOW, comes the Plaintiff, James E. Nestler, Jr., by his attorney, John M. Kerr, Esquire, pursuant to Sections 3301(c) & 3301(d) of the Pennsylvania Divorce Code, and seeks to obtain a Decree in Divorce from the Defendant, Sharon Ann Nestler, upon the grounds set forth: COUNT I - NO-FAULT DIVORCE UNDER §§3301(c) or 3301(d) Gw Offim of Qohn M.err v 502o Ritter Road suite 109 Mechanicsburg, PA 17055 Prtorve: 717.766.4008 FAx: 717.766.4066 1. The Plaintiff, James E. Nestler, Jr., is an adult individual residing at 3608 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, Sharon Ann Nestler, is an adult individual residing at 3608 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The parties, while living at the same address, have been living separate and apart, as that term is defined within the Divorce Code, since November, 2009. 4. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 5. The Plaintiff and Defendant were married on September 14, 1991 in Brookhaven Township, Suffolk County, New York. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. The Plaintiff and Defendant are both citizens of the United States of America. 8. The Defendant is not a member of the United States Armed Forces. 9. Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. The cause of action and section of Divorce Code under which Plaintiff is proceeding is the marriage is irretrievably broken under 23 Pa. Const. Stat. §3301(c) or 3301(d). 11. Plaintiff requests this Honorable Court to enter a decree of divorce pursuant to Section 3301(c) or 3301 (d) of the Divorce Code. COUNT II - CUSTODY Merr Yoh 020 Potter Road Suite 109 McChanWSbtu$, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 12. Paragraphs 1-11 of this Complaint are incorporated by reference, as if fully set forth in their entirety. 13. Plaintiff James E. Nestler, Jr. (hereinafter, "Father") resides at 3608 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 14. Defendant Sharon Ann Nestler (hereinafter, "Mother"), resides at 3608 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 15. Father seeks primary physical custody and joint legal custody of the following children: Name Present Residence D.O.B. Alyssa Shannon Nestler 3608 Kent Drive 9/11/93 Mechanicsburg, PA 17050 Connor James Nestler 3608 Kent Drive 9/15/98 Mechanicsburg, PA 17050 The children were not born out of wedlock. 16. The children are presently in the custody of Father who is resides at 3608 Kent Drive, Mechanicsburg, Pennsylvania 17050. 17. During the past five years, the children have resided with the following persons and at the following addresses: Names Residences Dates James E. Nestler, Jr. 3608 Kent Drive 4/09 - present Sharon Ann Nestler Mechanicsburg, PA 17050 James E. Nestler, Jr. 104 Franklin Square 8/08 - 4/09 Sharon Ann Nestler Mechanicsburg, PA 17050 Ashley Nestler James E. Nestler, Jr. 835 Highland Court 4/05 - 8/08 Sharon Ann Nestler Mechanicsburg, PA 17050 18. The mother of the children is Defendant Sharon Ann Nestler, who resides at 3608 Kent Drive, Mechanicsburg, Pennsylvania 17050. She is married. 19. The father of the children is Plaintiff, James E. Nestler, Jr., who resides at 3608 Kent Drive, Mechanicsburg, Pennsylvania 17050. He is married. 20. The relationship of the Mother to the children is that of mother-children. 21. The relationship of the Father to the children is that of father-children. 22. Each parent 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. 23. The best interests and permanent welfare of the children will be furthered by granting Law Officx of o Merr Y 02o Ritter Road State 109 Mechardcsbtug, PA 17055 Prom: 717.766.4008 FAx: 717.766.4066 primary physical custody to Father because: a) Father has resided with his children from their births; b) Father acts to further the best interests of his children during the time they live with him by preparing their meals and making sure they get to their extracurricular activities; and c) Father would furnish the most stable environment for the children. COUNT III - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 24. The allegations at paragraphs 1-11 of the Complaint are incorporated by reference, as if fully set forth in their entirety. 25. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 26. Plaintiff requests that the Court equitably divide, distribute or assign the marital property between the parties. WHEREFORE, the Plaintiff requests this Honorable Court to enter a decree of divorce pursuant to either §§ 3301 (c) or 3301 (d) of the Divorce Code. Respectfully submitted, Jo M. Kerr, Esquire I. . #26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: April 28, 2010 yo-,??? . err 5o2o Potter Road Suite 108 Mechanicsburg, PA 17055 Pr1om: 717.766.4008 FAx: 717.766.4066 VERIFICATION The undersigned, James E. Nestler, Jr., hereby states that he is the Plaintiff in the foregoing action, and, as such, is authorized to execute this Verification, and that any factual statements in the preceding Complaint are true and correct to the best of his knowledge, information and belief. He understands that any false statements are subject to the penalties prescribed at 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. James E. Nestler, IV JAMES E. NESTLER, JR., Plaintiff V. SHARON ANN NESTLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 141 - ; ff40 ? O CIVIL ACTION - CHILD CU!?-,`6DYs N - CJ "C1 COMPLAINT IN CUSTODY 2 Cl) 1. Plaintiff is James E. Nestler, Jr., an adult individual residing at 3608 Kent Drive, Mechanicsburg, Pennsylvania 17050. y Y,_,9 --c 2. Defendant is Sharon Ann Nestler, an adult individual residing at 3608 Kent Drive, Mechanicsburg, Pennsylvania 17050. 3. The parties are the natural parents of the following minor children: Alyssa Shannon Nestler, born September 11, 1993 and Connor James Nestler, born September 15, 1998 (hereinafter, "the children"). 4. The children were not born out of wedlock. 5. The children are presently in the custody of Plaintiff, who resides at 3608 Kent Drive, Mechanicsburg, Pennsylvania 17050. 6. During the past five years, the children have resided with the following persons ohn M. err 5020 Ritter Road suite 108 -h-*CsbW, PA 17055 HONE: 717.766.4008 FAx: 717.766.4066 and at the following addresses: Names Addresses Dates James E. Nestler, Jr. 3608 Kent Drive Sharon Ann Nestler 4/09 -present Mechanicsburg, PA 17050 James E. Nestler, Jr. 104 Franklin Square 8/08 - 4/09 Sharon Ann Nestler Mechanicsburg, PA 17050 Ashley Nestler James E. Nestler, Jr. 835 Highland Court 4/05 - 8/08 Sharon Ann Nestler Mechanicsburg, PA 17050 ?Ir 7. The mother of the children is Defendant Sharon Ann Nestler, who resides at 3608 Kent Drive, Mechanicsburg, Pennsylvania 17050. She is married. 8. The father of the children is Plaintiff, James E. Nestler, Jr., who resides at 3608 Kent Drive, Mechanicsburg, Pennsylvania 17050. He is married. 9. The relationship of the Plaintiff to the children is that of father. The Plaintiff currently resides with the following persons: Name Relationship Sharon Ann Nestler Wife 10. The relationship of the Defendant to the children is that of mother. The Defendant currently resides with the following persons: Name Relationship James E. Nestler, Jr. Husband 11. 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. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. Each parent whose parental rights to the children have not been ?OLt:z";!?err 5020 Fitter goad Su1re 109 Iechargcsburg. PA 17055 1-low: 717.766.4008 FAx: 717.766.4066 terminated and the person who has physical custody of the children have been named as parties to this action. 15. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) the Plaintiff Father has lived continuously with his children for the last 16 years; b) the Plaintiff Father provides the most stable environment for his children;; C) the emotional, physical and/or spiritual development of the children will be enhanced by granting primary physical custody of the children to Plaintiff. WHEREFORE, Plaintiff requests that the Court grant to him primary physical and shared legal custody of the children, Alyssa and Connor. Respectfully submitted, io John/M. Kerr, Esquire Attorney I. D. # 26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, James E. Nestler, Jr. Dated: April 28, 2010 ?0"I=M*';!err 5020 Ritter Road Suite 109 I-hMCSbUrg. PA 17055 'HONe: 717.766.4008 FAx: 717.766.4066 VERIFICATION The undersigned, James E. Nestler, Jr., hereby states that he is the Plaintiff in the foregoing Custody Complaint and, as such, is authorized to execute this Verification, and that any factual statements in the Complaint are true and correct to the best of his knowledge, information and belief. He understands that any false statements are subject to the penalties prescribed at 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. r' James E. Nestler, JAMES E. NESTLER JR. PLAINTIFF , V. SHARON ANN NESTLER DF.FI=:NDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010-2842 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW', Wednesday, May O5, 2010 ___ __, upon consideration of the attached C'ornplaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsbur , PA _17055 _ on Tuesday, June 08, 2010 at 9:00 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute, or if this cannot he 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 Prounds 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/ Dawn S. Sunda Es . Custody Conciliator The C'oLU-t of Common Pleas of Cumberland County is required by law to comply with the Americans with Uisabilites 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. 1F YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO UR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. n N Cumberland County Bar Association ~ `~~ 32 South Bedford Street ` ~ ~- -•r ~~r- Carlisle, Pennsylvania 17013 ~`., r Telephone (7 l7) 249-3166 -- ~_ ~ ..,~'~'• 5 - s- tt~ eo~ r~ led -~-t~', S~ , ~: ~°:: ~ =~=~ ~'; ~~ -~r -n :, ~-~=, _~ .~. b .~ r JUL 2 ~ 2010 James E. Nestler, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY Sharon A. Nestler, Defendant : NO. 10 - 2842 CIVIL TERM ORDER OF COURT AND NOW, this ~ ~ay of , 2010, upon consideration of the attached Motion for Continuance, the hearing scheduled for July 30, 2010 is hereby continued to the 1 day of , 2010. BY THE COURT: 7 ~8' ~ o Date ~cl.~tt- hdC.c..~ ~Lc,,c.~cL f ~ ~~ 7~~s~~v FILED-070E !T TIa ?r 71 ARY c 4 _ I P 2: 1 JAMES E. NESTLER, JR., IN THE COURT OF COMMON PLEAS CtW3-' 1Jv CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Pete i \'3Y1,_V-SNA NO. 10 - 2842 CIVIL V. CIVIL - DIVORCE/CUSTODY SHARON ANN NESTLER, JUDGE EBERT Defendant/Respondent MOTION FOR CONTINUANCE OF HEARING ON PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW, comes James E. Nestler, Jr., Petitioner in the above-captioned proceeding, ohn M.?crr 5020 Ritter Road suite 109 Mechanicsburg, PA 17055 I?Hor : 717.766.4008 Fax: 717.766.4066 by his counsel, John M. Kerr, Esquire, and files the within Motion requesting a continuance of the Hearing scheduled for September 7, 2010, representing as follows: 1. On June 21, 2010, Plaintiff/Petitioner, James E. Nestler, Jr., filed a Petition For Special Relief and for the Exclusive Right: to Remain in the Marital Residence. 2. A Hearing on the Petition was originally scheduled before Judge M.E. Ebert, Jr. for July 30, 2010. 3. At the request of counsel for the Defendant/Respondent, this Hearing was continued until Tuesday, September 7, 2010. 4. Since that time, negotiations have been ongoing in an effort to reach a written marital agreement, which would settle all outstanding matters at issue between the parties, including who would reside at the marital residence. 5. It is likely that such an agreement may be reached, which would obviate the need for the Hearing scheduled for September 7, 2010. 6. In addition, the spouse of undersigned counsel has to undergo a medical procedure on Tuesday, September 7, 2010. 7. A general continuance of the Hearing would be in the interest of judicial economy and would give the parties an opportunity to reach an amicable resolution of their differences. 8. Counsel for Defendant/Respondent, Megan Riesmeyer, Esq., concurs with the continuance request. WHEREFORE, it is requested that the Court grant the requested continuance of the Hearing schE?duled for September 7, 2010. Respectfully submitted, Q4 v Y., _ John p-. Kerr, Esqu re Attorney I.D.#26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 DatE?d: September 1, 2010 ohn M.??rr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 PH(3NF: 717.766.4005 F.?x: 717.766.4066 JAMES E. NESTLER, JR., Plaintiff /Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2842 CIVIL V. CIVIL - DIVORCE/CUSTODY SHARON ANN NESTLER, Defendant/Respondent VERIFICATION JUDGE EBERT The undersigned, John M. Kerr, Esquire, hereby states that he is an attorney licensed to practice law in the Commonwealth of Pennsylvania and that he is authorized to execute this Verification. He further states that any factual statement in the forgoing Motion For Continuance is true and correct to the best of his knowledge, information and belief. He understands that false statements are subject to the penalties prescribed at 18 Pa.C.S.§4904, relating to false statements to authorities. i John M. Kerr CERTIFICATE OF SERVICE The undersigned hereby states that he has served a copy of the foregoing, "Motion For Continuance Of Hearing On Petition For Exclusive Possession Of Marital Residence." on the below-named individual in the manner indicated: Hand-Delivered Megan Riesmeyer, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013-2899 Dated: September 1, 2010 ol'ui'M.?cli 5020 Ritter Road Suite 109 MeehartiCSburg, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 I? f Joh M. Kerr, Esquire La Office of John M. Kerr 50 20 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 JAMES E. NESTLER, PLAINTIFF V. SHARON A. NESTLER, DEFENDANT ORDER OF COURT AND NOW, this 7th day of September, 2010, upon consideration of the Motion Requesting a Continuance on the Hearing on the Petition for Exclusive Possession of the Marital Residence, with the concurrence of the Defendant and it appearing that the parties are working to resolve the issue, IT IS HEREBY ORDERED AND DIRECTED that the Motion Requesting Continuance is GRANTED. The hearing is continued generally and either party may request it be rescheduled if need be. By the Court, ~ '`..~ M. L. Ebert, Jr., J. John M. Kerr, Esquire Attorney for Plaintiff /Megan Riesmeyer, Esquire Attorney for Defendant bas ~D t E.S 9~'Y~ rv ~r~ I, r~,~ t (.S~-l.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2842 CIVIL IN RE: MOTION FOR CONTINUANCE OF HEARING c~ 5 o ,~ ~ ,,, ~° -, ~ ~m t _^ ~ ~ ~~ _ o cxi JAMES E. NESTLER, PLAINTIFF V. SHARON A. NESTLER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2842 CIVIL IN RE: PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE ORDER OF COURT AND NOW, this 16th day of September, 2010, upon consideration of the Petition for Exclusive Possession of the Marital Residence, the Court having been advised by Counsel for Plaintiff that negotiations have broken down and that a hearing is now required, IT IS HEREBY ORDERED AND DIRECTED that a hearing on the matter will be held on Wednesday, January 12, 2011, at 1:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. ? John M. Kerr Esquire Attorney for Plaintiff Megan Riesmeyer, Esquire Attorney for Defendant bas t 6-S 4/ rrtCIc LL M. L. Ebert, Jr., rw cn _j nr - C-j C D , -+C' -?, C-) o Z ? GJ By the Court, OCT 0 ~ ruiJ a ~~ JAMES E. NESTLER, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2010-2842 CIVIL ACTION LAW SHARON ANN NESTLER Defendant 1N CUSTODY ORDER OF COURT AND NOW, this ~ rh day of ~ ~~ ~ w ~'~ 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Further proceedings on the Father's Complaint for Custody shall be continued pending the hearing on the Father's Petition for Exclusive Possession of the marital residence and the actual separation of the parties or the establishment of a definite plan for the parties to obtain separate residences. 2. Either party may file a request with the Court for reassignment to the conciliation process at such time as they no longer reside in the same household or have established a plan to obtain separate residences. BY THE COURT, ~~. ~~ cc: ~ M. Kerr, Esquire -Counsel for Father riiel Puskar and Megan Riesmeyer, Esquire -Counsel for Mother ~: ~' ~ ~ O Ey'~ ` ~ ~ -_- f . t f ~ i ' ~~ ` ~~ Cl? ~ ~ .. % :^i '~ ~ '^~ ~ ~1 1 ? C~ : _,~. c~ ms's ocr o a 2Q~o JAMES E. NESTLER, JR. Plaintiff vs. SHARON ANN NESTLER Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010-2842 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: The pertinent information concerning the Children who are the subjects of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alyssa Nestler September 11, 1993 Father/Mother Conner Nestler September 15, 1998 Father/Mother 2. A custody conciliation conference was initially held on the Father's Custody Complaint on June 16, 2010. However, at that time it was determined that the parties were both residing in the marital residence and been unable to reach an agreement as to which parent would establish a separate home. The Father indicated that he intended to file a Petition for Exclusive Possession of the marital residence, which he has done and a hearing is scheduled thereon in January 2011. The conciliator agreed to hold the matter open for 90 days to be rescheduled by counsel at such time as the parties had made a definite plan for separation. 3. The Father's counsel requested the scheduling of a follow-up conference which was held on September 27, 2010. However at the time of the second conference, it was determined that the parties continue to reside in the marital residence with no agreement as to which party would be establishing a separate home. After speaking with the parties, the conciliator determined that after the living situation issue has been resolved and the parties are separated, the parties are likely to be able to resolve the parenting issues. However, as the hearing on Exclusive Possession will not be held until January, the custodial issues cannot be addressed at this time. 4. The conciliator recommends an Order in the form as attached permitting either party to file a Petition to have the conciliator reassigned at such time as the parties have definite arrangements to establish sepazate residences. Date '~ Dawn S. Sunday, Esquire Custody Conciliator JAMES E NESTLER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-2842 CIVIL C-) CIVIL - DIVORCE Q ? SHARON A NESTLER? chi -?pr"' Defendant -<> C° < co . ? AFFIDAVIT OF SERVICE -< --- Undersigned Assistant for John Kerr Law, P.C., deposes and states as follows: 1. Undersigned Legal Assistant, Angela D. Feese is employed as a Legal Assistant for John Kerr Law, P.C., maintaining an office at 5020 Ritter Road, Suite 104, Mechanicsburg, Pennsylvania 17055. 2. On May 25, 2010 the undersigned office sent by Certified Mail, Return Receipt Requested, from Mechanicsburg, Pennsylvania, No70042510000105267040, a Complaint in Divorce in the above-captioned matter to: Sharon a. Nestler 3608 Kent Drive Mechanicsburg, Pa 17050 3. June 02, 2010 at 12:55 pm Sharon A. Nestler, signed the receipt, No. 70042510000105267040 which is appended to this Affidavit. A Tracking and Confirmation from the United States Postal is also appended to this Affidavit. Respectfully submitted, Angela D. Feese, Legal Assistant John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated August 29, 2011 Sworn and subscribed before me, a Not blic, this 29th day of August, 2011. Notary Public Common Wealth of NOTARIAL SEAL [:Parvin M. Mehrtash, Notary Public er Allen Up., Cumberland County ommission Expires March 06, 2012 ri N m M w I , C3 I r .. r- -0 us ru ,n . p.1 C3 Postage $ Fee 7CerurWi O p ReceptFee z.3n Here O _ m aeaupred) eWcted DepWery Fee (Endorsement Required) ru Total Postage & Fees O O N ?ireet, ¦ Complete items 1, 2, and 3. Also complete ?tour 4 ff Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Alttac this card to the back of the mailpiece, &61" front if space permits. 1. Article Addressed to: 3c?o g k'? ??'? ,u co , PA 05D A. X ? Agwrt B. Received by (Printed Name) ?? I C. Date of Delve D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No Ce Type eel Mall 0 Express mail ? Registered ? Return Recel ? Insured Mail ? C.O.D.' 4. Restricted Delivery? 2. Article from (rmnsfer from m service label) 7004 2510 0001 0526 7040 -- trans -- PS For, 3811, February 2004 Domestic Retum Receipt 102595-02drF1540 USPS.com® - Track & Confirm Page 1 of 1 Register I Sign In C us tomerr Service USPPSS Mobile ? l . 6a us 1-com, Search USPS com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mall Shop Business Solutions Track & Confirm t .. - PRINT DETAILS YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE & TIME LOCATION FEATURES 70042510000105267040 Delivered June 02, 2010, 12:55 pm MECHANICSBURG, PA 17055 Check on Another Item What's your label (or receipt) number? Find LEGAL ON USPS.COM Privacy Policy Government Services, Terms of Use - Buy Stamps & Shop , FCIA Print a Label witn Postage) No FEAR Act EEO Data Customer Service > Site Index, ON ABOUT.USPS.COM About USPS Home , Newsroom , Mail Service Updates , Forms & Publications) Careers OTHER USPS SITES Business Customer Gateway > Postal Inspectors Inspector General Postal Explorer Copynght02011 USPS..411 Rights Reserved https://tools.usps.com/go/TrackConfimiAction.action 8/10/2011 JAMES E. NESTLER JR, Plaintiff V. SHARON A. NESTLER, Defendant : CIVIL-DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2842 CIVIL d PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 4xw ? to G 'o sn 0 3 C'7 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 28, 2010. 2. The marriage of the plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 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: / Signature: JAMES A. NESTLER JR, Plaintiff V. SHARON A. NESTLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2842 CIVIL CIVIL - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. E. NESTLER JR 2. 1 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. 3. 1 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 unsworn falsification to authorities. Date: P111,11 C-) C = =Tt 9 - v' am t?' cu _ o 20 T+ 70 , relating to JAMES E. NESTLER JR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-2842 CIVIL CIVIL - DIVORCE t SHARON A. NESTLER, -X -n Defendant G-) ?rn DEFENDANT'S AFFIDAVIT OF CONSENT Z 7. C-) xr7 UNDER SECTION 3301(c) OF THE DIVORCE CODE ? :7 70 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on pril 28, 2010. 2. The marriage of the plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 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: Signature JAMES A. NESTLER JR, Plaintiff V. SHARON A. NESTLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2842 CIVIL CIVIL - DIVORCE C 3 i ? rn 2M z= r C r -VM <X> sp oQ r ZC? 3 Zij WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 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. 3. 1 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: -I' J?atiwkkatLd SHARON A. NESTLER JAMES E. NESTLER Plaintiff vs. SHARON A. NESTLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 10-2842 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: C) c r-a c? 1. Ground for divorce: 3 .,. Irretrievable breakdown under § (3301(c)) and z? c § (3301(d)(1)) of the Divorce Code. z c? (Strike out inapplicable section.) 2. Date and manner of service of the complaint: April 29, 2010 Certified/Restricted Delivery z 3. Complete either paragraph (a) or (b). :z C) D C: -;- (a) Date of execution of the affidavit of consent required by § 3301(c) of the= Divorce code: by plaintiff August 1, 2011 , by defendant July 30, 2011 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: N/A 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: August 29, 2011 Date defendant's Waiver of Notice was filed with the Prothonotary: August 29, 2011 ?L wvL ttomey for PlainfiffA44endet+ r rnr. -u rn q ::b 4Q Ck--'?'n =Fi C)m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES E. NESTLER V. SHARON A. NESTLER NO. 10-2842 DIVORCE DECREE AND NOW, 30 1X0 it is ordered and decreed that JAMES E. NESTLER plaintiff, and SHARON A. NESTLER 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, 11,9, v ? roly ytotgIltoal James Nestler, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVPN IA? V. CIVIL ACTION - LAW..' IN DIVORCE/CUSTODY u, r? '" 1 c= Sharon Nestler, -<> -? CD iJ -- ?_' DEFENDANT NO. 10-2842 ):>r- =r PETITION TO WITHDRAW Petitioner, the Family Law Clinic, hereby petitions for leave to withdraw from further representation of Sharon Nestler, pursuant to Pa.R.P.C. 1.16(b) and Pa.R.C.P. 1012(b), and in support therefore avers the following: On April 28, 2010, James Nestler Jr., through his attorney John M. Kerr, filed a custody and divorce complaint against Sharon Nestler. 2. On June 8, 2010, Ms. Nestler entered into a representation agreement with the Family Law Clinic. Since June 16, 2010, the Family Law Clinic has attended various legal proceedings on behalf of Ms. Nestler in the divorce and custody matters. 4. Ms. Nestler moved out of the marital residence on April 15, 2011, and did not provide the Family Law Clinic with a new phone number or address where she could be reached. 5. On September 12, 2011, the Family Law Clinic sent a letter to Ms. Nestler's old address in the hopes that it would be forwarded to her. 6. Ms. Nester did call the Family Law Clinic around September 19, 2011 and provided her new phone number and address. During this conversation she also informed the Family Law Clinic that her divorce was finalized and she had signed paperwork without informing the Family Law Clinic. The Family Law Clinic never received any of the paperwork necessary to finalize Ms. Nestler's Divorce. 7. Ms. Nestler also informed the Family Law Clinic that she took steps to change her name back to Sharon Sullivan without the Family Law Clinic's assistance. 8. Ms. Nestler missed a scheduled appointment with the Family Law Clinic on October 7, 2011. 9. Despite numerous efforts, the Family Law Clinic has been unsuccessful in maintaining contact with Ms. Nestler since October 7, 2011. Ms. Nestler has not responded to multiple phone messages and correspondence requesting her to contact the Clinic. Ms. Nestler had no contact with the Family Law Clinic between October 5, 2011, and December 9, 2011. 10. Ms. Nestler was informed by letter, dated October 24, 2011, that the Family Law Clinic would seek to close her case, unless she contacted the Clinic. 11. On December 9, 2011, Ms. Nestler called the Family Law Clinic. She said that she finally opened her mail and read the letter dated October 24, 2011, informing her that the Family Law Clinic was closing her file. Ms. Nestler indicated that there was a potential custody issue with her son. The Clinic advised Ms. Nestler to see if she could work something out with her ex- husband and see if they could reach an agreement. The Clinic advised her that if she could not reach an agreement, she could contact the Family Law Clinic to petition to modify the custody order and to seek a custody conciliation. Ms. Nestler stated that she would try to talk to her ex- husband and work something out on her own. She verbally confirmed that this was her plan, and was told that the Clinic was not going to take any action until she contacted the Clinic to do so. 12. Ms. Nestler has not contacted the Family Law Clinic since her phone call on December 9, 2011. 13. On February 3, 2012, the Family Law Clinic sent Ms. Nestler a letter informing her that her file has not been reopened and seeking consent to withdraw appearance as counsel of record. Ms. Nestler has not responded to the letter. 14. Pursuant to Pa.R.C.P. 1012(d): the Defendant's address is 4341 Carlisle Pike, Apt. C 14, Camp Hill, PA 17011; this petition was served on Defendant by mailing a copy to the aforementioned address. A copy of the certificate of service of this petition upon the plaintiff is attached to this petition as "Exhibit A." A copy of this petition was mailed to opposing counsel at 5020 Ritter Road, Ste 104, Mechanicsburg, PA 17055-4837. 15. Pursuant to C.C.R.P. 208.2(d), the Family Law Clinic sought concurrence from opposing counsel, John Kerr, to this petition; opposing counsel did not indicate any opposition to this petition, but did not confirm that he concurred. 16. The prior judge to rule in this case was the Honorable M. L. Ebert, Jr. 17. Pursuant to Rule of Professional Conduct 1.16(b)(5) and (6), and Pa. R.C.P. 1012, the Family Law Clinic seeks to withdraw in this matter because Sharon Nestler has failed to keep appointments, and respond to letters and telephone messages requesting that she contact the Family Law Clinic regarding her case. WHEREFORE, the Family Law Clinic requests permission to withdraw as counsel for Sharon Nestler in the above captioned matter. Date: Respectfully Submitted, Marisa Burkett Certified Legal Intern 4&4 - MEGA RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 James Nestler, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE/CUSTODY Sharon Sullivan [Nestler], DEFENDANT NO. 10-2842 CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE I, Marisa Burkett, Certified Legal Intern, Family Law Clinic, hereby certify that today, April 10, 2012, I am serving a true and correct copy of the Petition for Leave to Withdraw on Ms. Sharon Sullivan, residing at, 4341 Carlisle Pike, Apt. C14, Camp Hill, PA 17011, by depositing a copy of the same in the United States mail, first class. c?a M sa Burkett Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 James Nestler, PLAINTIFF V. Sharon Nestler, DEFENDANT i? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE/CUSTODY NO. 10-2842 ORDER OF COURT 1b AND NOW, this 1 day of , 2012, upon consideration of the attached Petition to Withdraw filed by the Family Law Clinic, it is hereby ordered and decreed that the Family Law Clinic is removed as attorney of record on behalf of Sharon Nestler [Sullivan]. All further correspondence and filings concerning this matter are to be sent to Ms. Sullivan directly at the following address: 4341 Carlisle Pike Apt. C14, Camp Hill, PA 17011 C John Kerr, attorney for Plaintiff The Family Law Clinic, attorney for Defendant Sharon Sullivan, Defendant -? f=- 6P` ?l l ? ?1 ' t' S ?°YLCc, t' =a