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HomeMy WebLinkAbout10-2954 TERESA A. BOCK, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. ld - ?qsq Cw?t Term DANNY J. BOCK, CIVIL ACTION - LAW Defendant. IN DIVORCE AND CUSTODY N O T I C E 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. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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. LAWYER REFERRAL SERVICE of the CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 s 5ca . oo pb A7f^/ Gc,? a888 KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com TERESA A. BOCK, Plaintiff, vs. DANNY J. BOCK, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with § 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 N. Hanover Street, P.O. Box 320, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2of9 KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com TERESA A. BOCK, Plaintiff, vs. DANNY J. BOCK, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE AND CUSTODY AND NOW comes the above-named Plaintiff, TERESA A. BOCK, by and through her attorney, JULIE A. WEHNERT, ESQ., and makes the following Complaint in Divorce and Custody: 1. The Plaintiff is TERESA A. BOCK, an adult individual who currently resides at 30 Pine Hill Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is DANNY J. BOCK, an adult individual who currently resides at 217 S. 19th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 3 of 9 4. The Plaintiff and Defendant were married on November 2, 2002, in New Cumberland, Cumberland County, Pennsylvania. 5. The parties separated on March 29, 2010, when Plaintiff moved out of the marital residence when Defendant physically abused her. 6. Neither Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(c) of the Divorce Code. 4 of 9 COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart, and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(d) of the Divorce Code. COUNT III REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301 (a) (6) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, so as to render Plaintiff's condition intolerable and life burdensome. 16. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (a) (6) of the Divorce Code. 5 of 9 COUNT IV REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER § 3502(a) OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 18. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to § 3502(a) of the Divorce Code. 19. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code COUNT V REQUEST FOR CONFIRMATION OF CUSTODY UNDER $$ 3104(a)(2) AND 3323(b) OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 21. The parties are the parents of the following unemancipated children (hereinafter the "children"), whom presently live with both Plaintiff: NAME AGE SEX D.O.B. Hayley Bock 6 Y2 years old Female 5/5/2003 Megan Bock 5 years old Female 3/28/2005 6 of 9 22. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS Teresa A. Bock Janice Bennett Maternal Grandmother Corey Bennett (Brother) Teresa A. Bock Danny J. Bock Corey Bennett (Brother) ADDRESSES DATES 30 Pine Hill Avenue March 29, 2010 - Present Mechanicsburg, PA 17050 217 S. 19'' Street Birth - March 29, 2010 Camp Hill, PA 17011 23. Plaintiff is requesting that an order be entered granting Plaintiff shared legal and primary physical custody of the children. 24. Plaintiff and Defendant have participated or in other litigation concerning the custody of the child Hayley in this. An Order of Court was issued in 2004 when the parties were separated previously. 25. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or any other state. 26. Plaintiff does not know of a 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. 27. The best interests and permanent welfare of the children will be served by granting the requested relief. 7 of 9 WHEREFORE, Plaintiff respectfully requests that pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order awarding Plaintiff shared legal custody and primary physical custody of the child. Respectfully Submitted, Date: l U ( Yl AieA. Wehnert, Esq. 8 of 9 VERIFICATION I, Teresa A. Bock, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: 4/19/2010 '- Q?- Teresa A. Bock 10 of 10 .. ~"k,! 201Q JUG 2S P-~ 1 ~ ~~ KOPE ~ ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com `j CUtvl+~; , . ~ . ;~,;~SF ~~i~l'Y PEi'~s~~ a`~`L`~1~,~#Cr~ Attorney for Plaintiff TERESA A. BOCK, : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2010-2954 DANNY J. BOCK, :CIVIL ACTION -LAW Defendant. IN DIVORCE AND CUSTODY ACCEPTANCE OF SERVICE I, Danny J. Bock, Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce and Custody. Date: ~~ -~ B ifl o~~ -~ Da .Bock Z TERESA A. BOCK IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DANNY J. BOCK : No. 10 - 2954 Civil Term Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this ^kk'?day of August 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: Legal custody: It is the intention of the parties and the parties agree that Mother and Father will have shared legal custody of the minor Children, Hayley Bock, born May 05, 2003 and Megan Bock, born March 28, 2005. The parties agree that major decisions concerning the children, including, but not limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each parent agrees not to impair the other parent's right to share legal custody of the children. The parents agree not to attempt or alienate the affections of the children from the other parent. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. The party with custody of the children on any given day shall be solely responsible for transporting the children to and from all appointments scheduled on said day. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted o make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or any and all other authorities and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. §5309. As soon as practicable after receipt by a parent, copies of the children's copies of the children's school schedules, special events notifications, report cards, and similar notices shall be provided to the other parent. Each parent shall notify the other of any medical, dental, optical and other appointments of the children with health care providers, sufficiently in advance of said appointment thereof so that the other parent can attend. A parent shall provide complete contact information for both parents whenever emergency or contact information is requested by form or otherwise by any school, daycare provider or treating professional. Despite this Order, if any service provider or professional still requires a release for a parent to access the children's educational, religious or medical information, both parents shall execute a release within ten (10) days of any written request by the other parent or his or her counsel. 2. Physical Custody: Primary physical custody of the children shall be with the Mother. 3. Partial Physical Custody _Father shall have rights of partial physical custody according to the following schedule: a. When Father has two (2) days oft, he shall have custody of the children a minimum of one (1) overnight. b. When Father has three (3) days off, he shall have custody of the children a minimum of two (2) overnights. C. When Father has four (4) days off, he shall have custody of the children a minimum of two (2) overnights. 4. Holidays: Mother and Father shall both enjoy holidays with the children. In the absence of agreement to the contrary, the custody of the children during the holidays shall be as follows: a. Christmas: Custody of the children during the Christmas holiday shall be divided into two segments. Segment A runs from 6:00 a.m. on December 25th until 2:00 p.m. on December 25th. Segment B runs from 2:00 p.m. on December 25th until 10:00 p.m. on December 26th. Mother shall have custody during Segment A in all even numbered years and Segment B in all odd numbered years. Father shall have custody for Segment B in all even numbered years and Segment A in all odd numbered years. b. Easter: Custody of the children during Easter Day shall be divided into two segments. Segment A runs from 6:00 a.m. until 2:00 p.m. Segment B runs from 2:00 p.m. until 10:00 p.m. Mother shall have custody during Segment A in all even numbered years and Segment B in all odd numbered years. C. Thanksgiving: Custody of the children on Thanksgiving Day shall be divided into two segments. Segment A runs from 6:00 a.m. until 2:00 p.m. Segment B runs from 2:00 p.m. until 10:00 p.m. Mother shall have custody during Segment A in all even numbered years and Segment B in all odd numbered years. d. New Year's Day: Custody of the children on New Year's Day shall be divided into two segments. Segment A runs from 6:00 a.m. until 2:00 p.m. Segment B runs from 2:00 p.m. until 10:00 p.m. Mother shall have custody during Segment A in all even numbered years and Segment B in all odd numbered years. C. Mother's Day and Father's Day: Mother will always have custody of the children from 9 a.m. until 8 p.m. on Mother's Day. Father will always have custody of the children from 9 a.m. until 8 p.m. on Father's Day. f. Other Holidays: Father and Mother agree to share custody of the children on all other holidays, specifically including Memorial Day, Independence Day, and Labor Day. Custodial time on these holidays shall commence at 9 a.m. and conclude at 8 p.m. The parties will alternate these holidays with Mother enjoying custody of the children on Independence Day on all even years, and Memorial Day and Labor Day in all odd years. Father shall enjoy custody of the children on Independence Day in all odd years, and Memorial Day and Labor Day in all even years. 5. Holiday Time: Holiday time shall take priority over regular custodial time; once the Holiday time has ended, the parties shall return to their normal custodial schedule. 6. Vacation Time: Each parent shall be entitled to (2) two full weeks of vacation time with the children during the calendar year. The party intending on exercising such right shall notify the other parent by writing no less than 10 days prior to the onset of said vacation. In the event that the parties both intend to utilize vacation on same dates, the party providing notice first shall prevail and shall be entitled to vacation custody on those dates. The party intending on exercising such right of vacation time shall provide the other parent all details of the vacation including but not limited to transportation, accommodations and itinerary. Each parent shall notify the other parent if they intend on taking the children out of the state for a day trip. 7. Additional Time: Mother and Father may make agreement for additional times of custody, and/or altered times of custody. Should the parties choose to deviate from the custody schedule in their order, by agreement, on occasion or on a regular basis, these agreements shall not modify the regular custody schedule. Transportation: Mother and Father shall share responsibility for the transportation of the children. The parents have agreed that during the summertime, Father shall drop the Children off at Mother's residence at 5:00 pm to begin her periods of custody and when school is in session, Mother shall bring the Children to school and Father shall pick the Children up from school to begin his periods of custody. In the absence of agreement to the contrary, the person beginning his or her custody period shall be responsible for picking up the children. At all times, the children shall be secured in the appropriate passenger restraints when being transported in a vehicle. No person transporting the children shall consume alcoholic beverages prior to transporting the children, or be under the influence of alcohol or a controlled substance while transporting the child. 9. Late for Exchange: In the event that any parent is more than 20 minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent, the other parent may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other parent will be free to make other plans with the children. 10. Parents should provide one another with a phone number and address where the children may be contacted, whenever reasonably possible. This principle where the children may be contacted, whenever reasonable possible. This principle applies to situations such as vacations. Each parent should be promptly and politely responsive to the other parent's telephone calls. Each party agrees to supply the name, address and phone numbers of any persons in whose care the children will be for a period in excess of one (1) hour, and for each person or entity which may provide day care for the children. 11. Right of first refusal: In the event that the custodial parent should require a care- takerlbabysitter for the Children a period of time in excess of one (1) hour, the custodial party shall first offer said opportunity to the non-custodial parent. 12. During any period of custody or visitation the parties to this Order shall not consume alcoholic beverages, possess or use any controlled substance. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 13. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the child which shall not be excessive. Both parties agree to use common sense in scheduling telephone calls. 14. Extracurricular Activities: Each parent shall provide to the other at least forty- eight (48) hours notice of school or other activities, whenever possible. During the times that each parent has custody of the children, he or she will make certain that the children attend any extracurricular activities, and will be responsible for transporting the children to and from those activities, including preparations and/or practices for those activities. Neither parent shall sign up the children for any activity unless the children definitely desire to attend that activity. Neither parent shall sign the children up for any activity, that takes place during the other parent's period of custody without the consent of the other parent, which consent shall not be unreasonably withheld. Participation in activities during the school year is contingent upon the children maintaining passing grades. 15. Disparaging Remarks: Each parent agrees not to attempt to alienate the affections of the children from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their children and refrain from and, to the extent possible, shall not permit third parties from making such comments in the presence of the children whether the children are sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the children to provide reports about the other parent. Communication should always take place directly between parents, without using the children as an intermediary. 16. School District: The Children shall remain in the Camp Hill School District absent written agreement or further Order of Court. 17. Relocation: The parties have litigated the instant custody action based upon the parties' residence in Cumberland County. If either party intends to establish a residence a significant distance from where he/she currently resides and said move would substantially alter the current custody arrangement and/or require the Children to switch schools, he or she must give to the other parent at least sixty (60) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. BY THE COURT, J. Distribution: ie Wehnert, Esquire, 395 St. Johns Church Road, Suite 101, Camp Hill, PA 17011 Danny J. Bock, 107 May Drive, Apt. 3, Camp Hill, PA 17011 ?hn J. Mangan, Esq. . t ??S /rta t 6CL a.-T bo 0 r? T w TERESA A. BOCK IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DANNY J. BOCK No. 10 - 2954 Civil Term Defendant : ACTION IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Hayley Bock 05/05/2003 Father and Mother Megan Bock 03/28/2005 Father and Mother 2. A Conciliation Conference: was held with regard to this matter on June 18, 2010 with the following individuals in attendance: The Mother, Teresa Bock, with her counsel, Julie Wehnert, Esq. The Father, Danny Bock, self-represented party. 3. The parties agreed to the entry of an Order in the form as attached. Date J hn r angan, Es ire Custq(dy Conciliato s "" 71 ? 1k R - 1 e- JIVIDEN & WEHNERT, LLC JULIE A. WEHNERT, ESQ ATTORNEY I.D. 307900 3461 Market Street, Suite 101 Camp Hill, PA 17011 (717) 730-3700 jawehnert@gmail.com 411E t, Ll ?./t l.•'i? , r E I " N S Y I.1("y Attorney for Plaintiff TERESA A. BOCK, Plaintiff, vs. DANNY J. BOCK, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-2954 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Julie A. Wehnert, Esquire on behalf of Kope & Associates, LLC and enter the appearance of Julie A. Wehnert, Esquire on behalf of Jividen & Wehnert, LLC as attorneys for the Plaintiff, Teresa A. Bock in the above- captioned action. Date: ?? 11 a I LLQLJ Ju e . Wehnert, Esquire Ji ' en & Wehnert, LLC 3461 Market Street, Suite 101 Camp Hill, PA 17011 Tele: (717) 730-3700 Fax: (717) 730-3770 • a CERTIFICATE OF SERVICE I, Julie A. Wehnert, Esquire do hereby certify that on this day of March, 2011, 1 served a true and correct copy of the foregoing Praecipe for Entry of Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Danny J. Bock 107 Ney Drive Apt. #3 Camp Hill, PA 17011 l- (:4L- JULIE . EHNERT, ESQUIRE 3461 ket Street, Suite 101 Camp Hill, PA 17011 Supreme Court ID# 307900 (717) 730-3700 Attorney for Plaintiff