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HomeMy WebLinkAbout10-3178LAURA QUIST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. to -3178 b v( ?em FELIX QUIST, : CIVIL ACTION - LAW n Defendant : IN DIVORCE 5C . : C, -J ntrr? ? NOTICE TO DEFEND AND CLAIM RIGHTS 2, You have been sued in court. If you wish to defend against the claims set foa $ `£ th6 :' following pages, you must take prompt action. You are warned that if you fail to do so; c e 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. film M C"?rz 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 on the first floor of the Cumberland County Courthouse, Carlisle, Cumberland County, PA. 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator at (717) 780-6624. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. 40-50 M Arty c?' 888} Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 717-975-9446 Merbkdedlaw.net LAURA QUIST, Plaintiff V. FELIX QUIST, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Laura Quist, by and through her attorney, Melanie L. Erb, Esquire and the Dethlefs-Pykosh Law Group, LLC, who brings this Complaint in Divorce and avers as follows: Plaintiff is Laura Quist, an adult individual currently residing at 500 Geneva Dr. C-5, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Felix Quist, an adult individual currently residing at 500 Geneva Dr. C-5, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff avers that Defendant has also been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 5. The parties were married on July 7, 2008 in Carlisle, Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. 7. The marriage is irretrievably broken 8. Plaintiff avers that neither party is an active member of the United States Military or its allies. 9. 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. Being so advised, Plaintiff waives that right. 10. Plaintiff avers that Defendant has been advised of the availability of counseling and that Defendant may have the right to request that the Court require the parties to participate in counseling. 11. Plaintiff avers the grounds for divorce: a. The marriage is irretrievably broken; b. The parties consent to the divorce; or in the alternative, The parties have lived separate and apart for a period or two (2) years. WHEREFORE, Plaintiff, Laura Quist, respectfully requests this Honorable Court grant a Decree in Divorce pursuant to Section 3301 (c) or (d) of the Divorce Code. COUNT II CUSTODY 12. Paragraphs 1 thru 11 are incorporated herein by reference as though set forth in full. 13. Plaintiff seeks shared legal and primary physical custody of the minor children, Aiyana M. Quist, born July 28, 2008 and Lillian G. Quist born March 6, 2006. 14. One child was born out of wedlock and one child was not born out of wedlock. 15. The children are presently in the joint custody of the parties at 500 Geneva Dr. C-5, Mechanicsburg, Pennsylvania, 17055. 16. During the past five years and since their birth, the children have resided at 500 Geneva Dr. C-5, Mechanicsburg, Pennsylvania with their parents. 17. The mother of the children is Laura Quist, currently residing at 500 Geneva Dr. C-5, Mechanicsburg, Pennsylvania, 17055. She is married to the Defendant, but seeking a divorce. 18. The father of the children is Felix Quist, currently residing at 500 Geneva Dr. C- 5, Mechanicsburg, Pennsylvania, 17055. He is married to the Plaintiff. 19. The relationship of Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the following persons: Name Relationship Felix Quist Spouse Aiyana M. Quist Daughter Lillian G. Quist Daughter Nicholas M. Emig Son 20. The relationship of Defendant to the children is that of natural father. The Defendant currently resides with the following persons: Name Relationship Laura Quist Spouse Aiyana M. Quist Daughter Lillian G. Quist Daughter Nicholas M. Emig Step-Son 21(a). 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. 21(b). Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 22. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been the children's primary caregiver. 23. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as a party to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: NONE. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order scheduling a custody conciliation conference. Respectfully Submitted, Mela?L. Erb, Esquire Attorney I.D. No. 84445 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Plaintiff VERIFICATION I, LAURA QUIST, verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATE LAURA Q T 7ARY Melanie L. Erb, Esquire 20io mA Y 2132 Market Street 3 PM 3: 05 Camp Hill, PA 17011 C(j? 717-975-9446 Y Merb dcdlaw.net LAURA QUIST, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. Oi"trre- , FELIX QUIST, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner, LAURA QUIST, by and through her attorney, Melanie L. Erb, Esquire and the Dethlefs-Pykosh Law Group, LLC, who files this Petition for Emergency Relief and avers as follows: 1. Petitioner is Laura Quist, an adult individual, currently residing at 500 Geneva Dr. C-5, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Respondent is Felix Quist, an adult individual currently residing at 500 Geneva Dr. C-5, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties in this matter are separated, but living in the same residence until the end of May/beginning of June 2010 when it is believed and therefore averred that Respondent intends to relocate to California to reside with his parents. 4. To Petitioner's knowledge, currently there is no custody Order in this matter, however a Divorce Complaint with a Custody count is being filed simultaneous with this Petition. 00. o0 P 0 ATr/ co $ 884 0 5. Since the parties separation, the minor children, Aiyana M. Quist, (born July 28, 2008) and Lillian G. Quist (born March 6, 2006), have continued to live with both parents. 6. Respondent is originally from California and has no ties to Pennsylvania other than Petitioner and the minor children. 7. Respondent has made it clear he intends to permanently return to California at the end of May/beginning of June 2010. 8. Respondent has threatened to take the minor children with him to California and allow his parents to raise them. 9. Petitioner does not believe it is in her children's best interest to relocate to California when she has been their primary caregiver and intends to continue to reside in Pennsylvania. 10. Petitioner is seeking to have the children remain in Pennsylvania in her custody pending a full hearing on the issue of legal and physical custody. WHEREFORE, Petitioner respectfully requests this Honorable Court enter an Order directing that Respondent is not permitted to remove with the minor children from Pennsylvania until a full hearing has been held regarding custody. Respectfully Submitted, e Er , squire PA . . No. 84445 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff VERIFICATION I verify that the statements made in the Petition 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: A-?Lk?, 61 Laura Quis LAURA QUIST IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2010-3178 CIVIL AC=TION LAW FELIX QUIST DEF INDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 19, 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 Coun Courthouse, Carlisle on Thursday, June 24, 2010 at 10:30 AM for aPre-Hearin~~ Custody Conference. At such conference, an effort will be made to resolve the isst~~cs 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. Fai{ure to appear at the conference may provide grounds for entry ofa 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/ ohn .Man an r. Es . Custody Conciliator "I'he 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 FORTI-f BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association C'> ~ ,.~ j ~d ~~ ~ ~~~ f~ ~ G ~ 32 South Bedford Street ~,, Q~ Carlisle, Pennsylvania l 7013 ~ > `~ ~' ~ r~-_'. '~~ ~D ~~c ~~"`£~~ ~ G~~r ' Telephone (717) 249-3166 r,~ `T ~~ ~ ; ~~ ~ ~ LAURA QUIST, Plaintiff v. FELIX QUIST, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-3178 IN CUSTODY ORDER OF COURT CIVIL ACTION LAV~ c 'tt i=r` r;,~;. --::., ; --~ r- ~;-_ .-_ . r~ C_; ~~. r~> c..: r-- w~. ~::~ :._~ -.~ ~~ T ra r i -r-, r^ .+h', _ _,: ~f'5 _{ 3b'~ ~ ~7 AND NOW this day of June 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Felix Quist, and the Mother, Laura Quist, shall have shared legal custody of Aiyana M. Quist, born 07/28/2008 and Lillian G. Quist, born 03/06/2006. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody/visitation here in this jurisdiction as the parties can mutually agree and arrange. Father shall give Mother adequate advance notice of the requested custodial periods and Mother shall not unreasonably deny Father custodial periods. 3. The Children shall not be removed from the state of Pennsylvania without notice and express agreement of the parties. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. Nothing in this Order of Court shall prevent either party from filing a Petition for Modification when/if there is a change in circumstances. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. -= By ~ ou D'stribution: elanie Erb, Esq., 2132 Market Street, Camp Hill, PA 17011 ix Quist ohn J. Mangan, Esquire ~:0~ i E.s rn~.~ ~Ec~ 7~~ /~v ~r~ J. LAURA QUIST, Plaintiff v. FELIX QUIST, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-3178 CIVIL ACTION LAW 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 Custod~f Aiyana M. Quist 07/28/2008 Primary Mother Lillian G. Quist 03/06/2006 Primary Mother 2. An Order of Court was issued May 18, 2010. A Conciliation Conference was held with regard to this matter on June 24, 2010 with the following individuals in attendance: The Mother, Laura Quist, with her counsel, Melanie Erb, Esq. The Father, Felix Quist, self-represented 3. The parties agreed to the entry of an Order in the form as attached. ~z ~ ~! Date John J. an squire Cust dy C nciliator LAURA Q''UIST, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V, NO: 10-3178 FELIX QUIST, Civil Action -Law Defendant Divorce t `Pl NOTICE J. If you wish to deny any of the statements set forth in this affidavit, you must fit. counter-affidavit within twenty days after this affidavit has been served on you or the Qt 7mei;As - will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about March 13, 2010 and have continued to live separate and apart since that time for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. I verify 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. section 4904 relating to unswom falsification to authorities. Date: Laura Quist, Plaintiff LAURA QUIST, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 10-3178 FELIXQUIST, Civil Action -Law -'' Defendant Divorce a? f CD a;-- PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney for the Plaintiff in the above-captioned case. Dated: (Z- Respectfully submitted, Kathy hughart P.O. Box 6315 27 South Arlene Street Harrisburg, PA 17112-0315 (717) 540-5114 Supreme Court #39779 LAURA QUIST, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 10-3178 FELIX QUIST, Civil Action - Law Defendant Divorce ACCEPTANCE OF SERVICE I, FELIX QUIST, the Defendant in the above-captioned matter, do hereby certify that I have accepted service of the Complaint which was filed in this Divorce action on May 13, 2010. Date: /Vj 1`/J 20/0 Felix Quist, Defendant C.AJ --� rncu M o7 )>C7 ' C7-r; C? CD f` r Cn LAURA QUIST, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 10-3178 FELIX QUIST, Civil Action- Law c� Defendant Divorce c ' NOTICE OF INTENTION TO REQUEST wry, ENTRY OF DIVORCE DECREE r-= ---i o <a CD �C11) o c? C)C r r TO: FELIX QUIST, Defendant j c,--) r You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after August 1, 2012,the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 717-249-3166 LAURA QUIST, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 10-3178 FELIX QUIST, Civil Action- Law Defendant Divorce - COUNTER-AFFIDAVIT UNDER§3301(d) OF THE DIVORCE CODE I. Check either(a)or(b):. (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because(check either i, ii, or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either(a)or(b): (a) I do not wish to make any claims for economic relief. I 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking(b)above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree,the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Felix Quist,Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF,YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. r LAURA QUIST, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIAy V. NO: 10-3178 C=� Z 1 FELIX QUIST, Civil Action-Law mm 3.", Defendant Divorce En 0 7pP r PRAECIPE TO TRANSMIT RECORD '" To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: May 19, 2010, by Acceptance of Service filed simultaneously with this Praecipe. 3. (b) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: by the Plaintiff on May 24, 2012. Date of filing of Plaintiff's affidavit : May 30, 2012. Date of Service of Plaintiff s Affidavit upon Defendant: June 5, 2012 4. Related claims pending: None 5. (a) Date and manner of service of the Notice of Intention to File Praecipe, a copy of which is attached: July 9, 2012 by first class mail addressed to Defendant, Felix Quist, Apt. D-8. 3045 Pyramid Avenue, Pittsburgh, PA 15227-2843. DATE: May 6, 2012 V \ �"- - Kathy M. Shughart, Esqu re 27 South Arlene Street Post Office Box 6315 Harrisburg, PA 17112 (717) 540-8511 IN THE COURT OF COMMON PLEAS OF LAURA QUIST CUMBERLAND COUNTY, PENNSYLVANIA V. FELIX QUIST NO. 10-3178 DIVORCE DECREE AND NOW, /f , I it is ordered and decreed that V LAURA QUIST plaintiff, and FELIX QUIST 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.") By the C Attest: J. of JQ Prothonotary- OON holed 4 atiLl Shujhar+ No-hce+Copy mauled debi