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HomeMy WebLinkAbout04-3450 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MARY E. CURTIS, VS. : CNIL ACTION - LAW . t1aJ1.- 3//5'0 Q);'/ . NO. 0(' : IN DNORCE TIMOTHY 1.. CURTIS, Defendant NOTTCR TO DRFEND AND CT.A 1M RTGHTS 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 Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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 S. Bedford Street Carlisle, Pennsylvania (717) 249-3166 Anthony L DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, P A 17007 MARY E. CURTIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL Y ANlA YS. : CNIL ACTION - LAW TIMOTHY L. CURTIS, Defendant : NO. CNIL : IN DNORCE COMPLAINT UNDER SECTION 3301 (c) OF THE DNORCE CODE 1. Plaintiff is MARY E. CURTIS, who currently resides at 2506 Market Street, Apartment A, Camp Hill, Cumberland County, Pennsylvania, since January 7,2003. 2. Defendant is TIMOTHY L. CURTIS, who currently resides at 1004 Northfield Drive, Carlisle, Cumberland County, Pennsylvania, since approximately April 15, 2004. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing ofthis Complaint. 4. The Plaintiff and Defendant were married on October 4, 2003 at Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. Date: 7/1'-l jei-{ /1/bJU1 t}. (k;t; Mary;i:.'-Curt(&Plaintiff a t j(~C4-d:-7 Anthony L. DeL a, squire r Attorney for Plaint f 1 l3 Front Street P.O. Box 358 Boiling Springs, P A 17007 (7l7) 258-6844 N 9 ~ ........ \:\:: e5 ~ ~ '- Yd ~ ~ ---= '>b .I::l. cd B -.' , , " ~- .-' -,.-' ;;-',." ih .," (.:; -, , ~J , "j,", " C) MARY E. CURTIS PLAINTIFF IN 1HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 04-3450 CIVIL ACTION LAW TIM01HY L. CURTIS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 28, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beforeJ:acqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cnmberland County Courthouse, Carlisle on Friday, AUKnst 27, 2004 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. 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: Isl Jacqueline M. Vernry. F.sq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our 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 1HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Assocliation 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ fz!: ~ ~ ~ AClje.(. 'n~~~hO-J-ec.. ~V ~ /'P"_~ ~ -r; AO,3-e.L VIN\f^lASNN3d JJ.l\lflOO m.i>fll:l::J8i"ln:J 68 :c Wd 9Z lor ~nnl Atl'IflONOH100cl 3Hl ;10 :D1:J:iQ-{]318 'f AUG 3 0 2004 6i{ MARY E. CURTIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-3450 CIVIL TERM TIMOTHY L. CURTIS, Defendant : CIVIL ACTION - LAW : IN CUSTODY OIIDER OF COURT: AND NOW, this 'J >4 day of ~r;- .....,. , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Mary E. Curtis and the Fath\:r, Timothy L. Curtis, shall have shared legal custody of Taylor Elizabeth Curtis, born JarlUary 7, 2003. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. Mother shall have primary physical custody of the Child. 3. follows: Father shall have periods of partial physical custody of the Child as A. Every Tuesday overnight from 4:30 p.m. to 8:30 a.m. Wednesday when Father shall drop the child off at maternal grandmother's home. B. Every Friday overnight from 4:30 p.m, to Saturday at 7:30 p.m. C. Every Thursday from 4:30 p.m. to 8:00 p.m. D. Such other times as the parties agree. 4. Each party shall be entitled to one uninterrupted week of physical custody. Mother's week shall be from September 1 l-18. Father shall give Mother reasonable notice of his intended week. 5. Neither party may consume alcohol to the point of intoxication immediately before or during their periods of custody. 6. Transportation shall be shared as agreed by the parties. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modifY the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. Another I;/\N'iI\;\),sNi'.H:i \ ,,!n,",,'" n~ ..,{"",."":,,W'\f'\ (\.1-1'11""'" ',':' ,...,.n1hJ gQ :9 Wil L- d:lS ~~~7. ,~b'VL)\~O'rU,O'2d 31-U. ~o 3,)\~:JOQ3l\:l Conciliation Conference is scheduled for Friday October 29,2004 at 1 :30 p.m. on the fourth floor of the Cumberland County Courthouse. BY THE COURT, / 4.~ L. . J. cc;..KIlthony L. DeLuca, Esquire, Counsel for other vRobert L. O'Brien, Esquire, Counsel for Father " . ~ 09 -0'1 -0 i MARY E. CURTIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2004-3450 CI\'lL TERM TIMOTHY L. CURTIS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-8, the undersigned Custody Conciliator submits the following report: l. The pertinent information concerning th(~ Child who is the subject of this litigation is as follows: . NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Elizabeth Curtis January 7, 2003 Mother 2. A Conciliation Conference was held in this matter on August 27, 2004, with the following individuals in attendance: Mother, Mary E. Curtis, with her counsel, Anthony L. DeLuca, Esquire and Timothy L. Curtis, with his counsel, Robert L. O'Brien, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. O~36-0<{ Date ~~A. lac line M. Verney, Esquire Custody Conciliator 'V NOV ~ 3 2004 f MARY E. CURTIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2004-3450 CIVIL TERM TIMOTHY L. CURTIS, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this .< 9 # day of ~ ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 3, 2004 shall remain in full force and effect. 2. This Order is entered pursuant to an agreement of the parties at 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 THE COURT, J. cc: .Jrnthony L. DeLuca, Esquire, Counsel for Mother ~bert L. O'Brien, Esquire, Counsel for Father ~~ ~~ 0,0 \ Y. ?) NOV 2 3 2004 ~ MARY E. CURTIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2004-3450 CIVIL TERM TIMOTHY L. CURTIS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTL Y IN CUSTODY OF Taylor Elizabeth Curtis January 7, 2003 Mother 2. A Conciliation Conference was held in this matter on November 23, 2004, with the following individuals in attendance: Mother, Mary E. Curtis, with her counsel, Anthony 1. DeLuca, Esquire and Timothy 1. Curtis, with his counsel, Robert 1. O'Brien, Esquire. 3. The Honorable Kevin A. Hess entered an Order of Court dated September 3,2004 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody including overnights and evenings. 4. The parties agreed to the entry of an Order in the form as attached. ,1- ;;;.. 3 -6V Date 1 1~/I1~~ ~Verney, Esquire Custody Conciliator Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. CURTIS, VS. CNIL ACTION - LAW TIMOTHY L. CURTIS, Defendant : NO. 04-3450 Civil : IN DNORCE AFFIDA VTT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on July 16, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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: Jlll07 p;;~ tMfiZo Marf E. Curti , Plaintiff ....., = = -.. ~ ::;::... :;0 I N o ." ...... I"T'l m- r -om :od ":)1 .-\0 '. J: ::~ ,.-') ., ~>o om :c-l :b -< -0 :K ~ W tv MARY E. CURTIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. Oqw.3lf5r>civil Term : IN DIVORCE TIMOTHY L. CURTIS, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) AND ~ 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I 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: 2..//1 OJ /7 ~ k:i T' /~ _ -"'M Mary yt Curtis, P . ntiff o C -7 ~> j;F ~~\ c:\ ~".',,, :::.~ <, 5;;0 =::i , .-- r--.) = = -'" :i: ')> ::::::0 I N o "T\ -i :I:." nl- --oED --, (.J '.' 1 Ou ::t ~*i '~;~o Om --I ~ -0 :L: w .. W N MARY E. CURTIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION LAW TIMOTHY L. CURTIS, Defendant : NO. 04-3450 Civil : IN DIVORCE A FFIDA VIT OF M A IT JNG COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND Anthony L. DeLuca, attorney for Plaintiff, being duly sworn according to law, says that he mailed by certified mail, return receipt requested, a true and correct copy of the Complaint in Divorce under Section 3301 (c) of the Divorce Code to the Defendant at his residence and that Defendant did receive same, as evidenced by the signed receipt attached hereto as Exhibit "A". By: ~~7~ Anthony L. uca, ~squire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 Sworn to and sub~ribed before me this 3 It by of Ctf~ , ~ ~oo1 ~L 4. kl'iU<L ary Public NO'NW. SEAl. MWOREA DELUCA Notary PI.M: IOUIIMIlDtIION~COlNY Mv CoIMWIIoI.1!lcpNe New .c. 2007 \ · /t,eo,;;~" , · Pfi8tn4/f~2'~3"""""'" : .'" ~ ~:::- ""S.?;..,~ tttlch this 1'&ttJ,." fhe-"fis on the . 0,. On the '-~ to the b..._ ~ to y". ,IltV8tae '. '. unt If Sn.._ - -..ctr Of N... _". .,~ -........,..............- I~;"")ff ; . /oc'l~ . (!urf.,s ~r I.:; /:Y~I~I.I Dr,.", ~ (~f1"~~1 \. .7 t/~,'lJ /- o ~; t=5 ~ = --J --l ~ ?'"'.,i'~., ;g -0 ,__ ;;0 -(l ~: I "'0''(' :- :~-;?~ G,l, ~;~ ~~?\ ~::( C-f! ?:O .t:"- :< cr' ""', !AiAAlQtll Jr\:> "'. "AM ."" fl 'Kl,l" ,1. .,.,. A:)U"'...... .;kJ"l v 'l~").., . 14\.IOil :JfI :fflJl \lKmj(~ .~ "'..~. '0 ........"fll;'.) .<fJ! ",} '.....~3 .VJ!_ . [)~: ~ "t'~1 t~..... ' I Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MARY E. CURTIS, VS. : CNIL ACTION - LAW TIMOTHY L. CURTIS, Defendant : NO. 04-3450 Civil : IN DNORCE A FFID A VTT OF CONSENT 1. A Complaint in divorce under Section 3~O.l (c) ~f tQ~" Divorce Code was filed on. July 16, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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: 3,- 30-- 07 ~~ Timoth . CurtIS, Defendant o ~. ';;:5 <= --' ~ '" 7.} 1 .s:- -0 ~ -I :J ri:; :n -r1 Frt ;~1~ :::" .':-C~ ~O ~::)l rrl ~ :<. -"~ ~ w r-- 0"" Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MARY E. CURTIS, VS. : CIVIL ACTION - LAW TIMOTHY L. CURTIS, Defendant : NO. 0'-1-- 3ci>I1Civil Term : IN DIVORCE WANER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) AND ~ 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 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. 3. I 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. ~~~ Timothy . Curtis, Defendant Date: 3 ~ 30-- 07 (") <:;-= .:~ ~ c::> ---J ?:; ~'") \ ~ -0 =' <.f! ~ .-\ :c:. ..,.1 rn-- c:. -M'. II ,,~~::..C ;~~? ~~? >~'c; ,,'-n\ o ",.-\ )~ ~ ::::- '" /1c3/l Y t;'. c:- Uti' t-r'5) f 1~I'";ui;' ft VS. j/MIf tflty j. CUtllt-fSi )/F !p/Uti.;J~: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 00/- :5 CVJ"O 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: 2. Ground for divorce: Irretrievable breakdown under ~3301 (c) 3301 (d}(1) of tAEl Oi'.'Qrce Caso. (Strike out inapplicable section). Date and manner of service of the complaint: '7 / ~ o1/l5 f U (d Cr=-,. 'fr H z-e/ ;r '" II f f t?~ v /' /U #'ft:;'l'" 11'''1- Iff' flu 'r-~rl tfJr=-NI'\/cHd Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by ~3301 (c) of the Divorce Code: . F~JI'l1,.)~ ~/I, y I. II t'Jc' 7 by plaintiff ft, ~c It:' ..Ii c l"b ,.y ; by defendant #1d /1 0--1, j' ~, :<'~ 7 I ( (b) (1) Date of execution of the affidavit required by ~3301 (d) of the Divorce Code: 1. 3. (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: /l)oA,J~ 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 of plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: t:e 6 /'IVaI" y Ii' ~ t:J tJ .., I Date defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: /l1~ .""C"'A ~ t::f. ~CI' cI -7 r <<~ok~~4 Attorn or Plaintiff / Defei'ldc.ilt I' (') C 2"" Cl~ !'....;) = = --' :;!:::1>> ~., :::;;:;J I o \1 :t" m- ,. -ctG ~;<9 2~j ~.~~ --~~ ~ .-< .z:- " - ~ w ()1 o <Ii <Ii <Ii <Ii <Ii <Ii <Ii <Ii <Ii<li~~~ ~ ~ ~~~ ~ ~~~~ ~ ~ ~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF MARY E. CURTIS, PLAINTIFF VERSUS TIMOTHY L. CURTIS, DEFENDANT AND NOW, DECREED THAT AND TIMOTHY L. CURTIS PENNA. No. 04-3450 Civil DECREE IN DIVORCE fit' ~O~l , IT IS ORDERED AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. II/.)" '1 I MARY E. CURTIS , PLAINTIFF, , DEFENDANT, ~ J. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE ~ ~ ~ ~ ~~ ~~~ PROTHONOTARY ~~ ~~ ~ .~~ ~'W ~ W-?:1h /JrIp.~~'n L~' f!'jr " ...! ,~ .' '.