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Home My WebLink About10-2937JENNIFER REBECCA MIELE-LEONARD,: IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA N VS. NO. 2008-807 CIVIL TERM l`" == _y r-r's SHELDON EUGENE LEONARD JR., : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUDY--a 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. 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 4w-5o PO A71Y et`# IglD JENNIFER REBECCA MIELE-LEONARD,: IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : NO. 2008-807 CIVIL TERM SHELDON EUGENE LEONARD JR., : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, JENNIFER REBECCA MIELE-LEONARD, 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. Plaintiff is JENNIFER REBECCA MIELE-LEONARD, an adult individual, who resides at 535 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, 17070. The Plaintiff has resided in Cumberland County for over six (6) months. 2. Defendant is SHELDON EUGENE LEONARD, JR., an adult individual, who resides at 737 Hummel Avenue, Apt. #1, Lemoyne, Cumberland County, Pennsylvania, 17043. 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 October 20, 2001. 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. 8. Neither Plaintiff nor Defendant were ever members of the United States Military Service. 9. Plaintiff and Defendant have one (1) child from their marriage, GRACE ANNE LEONARD, born on September 17, 2008. 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, JENNIFER REBECCA MIELE-LEONARD, 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 child who resides with the Plaintiff and the Defendant at this time: NAME AGE SEX DATE OF BIRTH Grace Anne Leonard 18 months Female September 17, 2008 16. Since birth the child has resided with the parties and at the addresses herein indicated: WITH WHOM ADDRESS FROM / TO Plaintiff and Defendant Omar Street Birth to 2008 Harrisburg, PA Plaintiff and Defendant 535 Bridge Street 2008 to Present New Cumberland, PA 17. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 18. There are no other proceedings pending involving custody of the child in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 20. The best interests of the child will be served if Plaintiff and Defendant have Shared Legal Custody and Plaintiff has Primary Physical Custody with Defendant having Partial Physical Custody of their child. WHEREFORE, Plaintiff, JENNIFER REBECCA MIELE-LEONARD, requests this Honorable Court grant Plaintiff, JENNIFER REBECCA MIELE-LEONARD, and Defendant, SHELDON EUGENE LEONARD, JR., Shared Legal Custody and Plaintiff, JENNIFER REBECCA MIELE-LEONARD Primary Physical Custody and Defendant, SHELDON EUGENE LEONARD, JR. Partial Physical Custody, of the minor child, GRACE ANNE LEONARD. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: April 28, 2010 t Susan day Candiel , E Counsel for Plainti PA I.D. # 64998 4010 Glenfinnan Place 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 his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. , yla??,? AkkA DATED: ER REBEC A LIELE-LEONARD .IENNIFER REBECCA MIELE-LEONARD PLAINTIFF- V. SHELUON EUGENE LEONARD JR. D[;F'INDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Pt:NNSYL.,VANIA 2010-2937 CIVIL ACTION LAW IN CUSTODY ORllF.,R OF COURT AND NOW, Tuesday, May 11, 2010 ,upon consideration of the attached Complaint, it is hereb} directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor ,Cumberland County Courthouse, Carlisle.. on ___ Thursday, June 10, 201.0 at ._8:30 AM for a Prc-Hearing Custody Conference. At such conference, an effort wi11 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. Gilroy, Esq. / _ Custody Conciliator ~[~~he Court of Common Pleas of Cumberland County is required by law to comply with the Americans ti~ ith 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 A'i' ONCE. IF YOU DO NOT HAVE AN AT"TORNEY OR CANNOT AFFORD ON F,, GO TO OR TELEPHONI THE OFFICE SET FOR~fFI BF.I_,OW TO FIND OC1T WI-IER E YOt1 CAN GET LEGAL HELP. • 1 a • 1 O Gu-~ • Co~~, rnc~ to d ~• /'~ '~ ~ I ~~ C~ ~,~`~ .~ 5•-1a-t N Cumberland County Bar Association 3? South Bedford Street Carlisle, Pennsylvania 17013 Telephone, (717) 249-3166 ~ C , rr~t~r-, ~, ~f , ~~1ke .~-- ~•~, o :.~ --c ..._. N ~~' ~xw 1 ~ .G.- ~,o C ~ Y1 ~T i ~r6 ~ e.. ,,, ~ s-. ~a • I v p~ Ala ed ~ s -~ ~ ~~ =-, 4. ~''~ r~-, ~- `14 ~~~~ :~ ~-~ ~ u ~u~ zozo~~ JENNIFER REBECCA MIELE-LEONARD,: IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, :PENNSYLVANIA vs. N0.2010-2937 CIVIL TERM SHELDON EUGENE LEONARD JR., :CIVIL ACTION -LAW DEFENDANT :ACTION FOR CUSTODY ORDER OF COURT AND NOW, this ~ day of , 2010 upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, JENNIFER REBECCA MIELE- LEONARD and Defendant, SHELDON EUGENE LEONARD, JR., shall SHARE LEGAL CUSTODY of the parties' minor child, GRACE ANNE LEONARD and Plaintiff, JENNIFER REBECCA MIELE-LEONARD, shall have PRIMARY PHYSICAL CUSTODY and Defendant, SHELDON EUGENE LEONARD, JR., shall have PARTIAL PHYSICAL CUSTODY of the minor children, GRACE ANNE LEONARD, in accordance with the language contained in the within Stipulation. l E,S' i'Yt.,~l 7/.tv~io B~ n ^, c~- ; -` ,~ , ' ` ' - _ y ~;._ ~ --~ ~' l ~ ~ ~ ~ n; w.:. JENNIFER REBECCA MIELE-LEONARD V. SHELDON EUGENE LEONARD, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-2937 DIVORCE DECREE AND NOW, it is ordered and decreed that JENNIFER REBECCA MIELE-LEONARD SHELDON EUGENE LEONARD, JR. bonds of matrimony. plaintiff, and defendant, are divorced from the 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, Attest: J. ;)_-5 Prothonotary q- ay, ° io MO-1-11 2? 44 41PI: