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HomeMy WebLinkAbout04-5206DORIS 1L ARENA, Plaintiff V. BASILIO ARENA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. :NO. 0q- 530 _. : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, the day of ,200~, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before, , Esquire, the conciliator, at on the __ day of ,200__, at .M., 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 the entry of a temporary or permanent Order. For the Court, By: Custody Conciliator 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 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 LAWYER AT ONCE. 1F 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, PA 17013 (717) 249-3166 DORIS R. ARENA, Plaintiff V. BASILIO ARENA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY ORDER OF COURT You, Basilio Arena, have been sued in court to OBTAIN custody, partial custody or visitation of the child: Anthony Arena and Christopher Arena. You are ordered to appear in person at , on , at , .M., for conciliation or mediation conference. pretrial conference. hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. 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, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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 thc 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. BY THE COURT: Date J. DORIS R. ARENA, Plaintiff V. BASILIO ARENA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. :NO. : : CIVIL ACTION - LAW : IN DIVORCE 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 fights 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 1 Courthouse Square Carlisle, Pennsylvania 17013 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 H1RING 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 DORIS R. ARENA, Plaintiff BASILIO ARENA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. ~-~r. f.2o(~ .. : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY COMPLAINT IN DIVORCE AND CUSTODY 1. Plaintiff is Doris R. Arena, who currently resides at 127 Boslcr Avenue, Lemoyne, Cumberland County, Pennsylvania in excess of the past five years. 2. Defendant is Basilio Arena, who previously resided at 127 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania and is believed to be residing at 173-F West Vine Street, Shiremanstown, Cumberland County, Pennsylvania since on or about October 15, 2004. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania at least six months immediately previous to the filing of this Complaint. 4. Thc plaintiff and defendant were married on September 23, 1988 at Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Thc 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. 9. Defendant has committed adultery. COUNT I - DIVORCE UNDER 23 Pa.C.S.A. §3301(a)(2) 10. The prior paragraphs of this Complaint are hereby incorporated by reference as if fully set forth herein at length. 11. Defendant has on committed adultery several times throughout the parties' marriage, most recently believed to have impregnated one April R. Brown, who Defendant has subsequently begun lo cohabit with at his current residence. COUNT II - DIVORCE UNDER 23 Pa. C.S.A. §3301(0 or §3301(d) 12. The prior paragraphs of this Complaint are hereby incorporated by reference as if fully set forth herein at length. 13. The marriage is irretrievably broken. 14. The parties have been living separate and apart since on or about October 15, 2004. COUNT II1 - EQUITABLE DISTRIBUTION UNDER 23 Pa.C.S.A. §3501, et seq 15. The prior paragraphs of this Complaint are hereby incorporated by reference as if fully set forth herein at length. The parties have acquired certain property and assets which constitute marital 16. property. 17. In the event the parties are unable to resolve distribution of marital property by way of an agreement, then this Honorable Court is authorized to equitably divide, distribute or assign marital property between the parties in such proportion as the Court deems just after consideration of ail relevant factors. COUNT IV - CUSTODY UNDER 23 Pa.C.S.A. §5401 et seq The prior paragraphs of this Complaint arc hereby incorporated by reference as if 18. fully set forth herein at length. 19. Plaintiff seeks custody of the following children: Present Residence 127 Bosler Avenue, Lemoyne, PA 127 Bosler Avenue, Lemoyne, PA The children were not bom out of wedlock. Name Christopher B. Arena Anthony C. Arena Age DOB 5/10/1989-15yrs DOB 11/15/1991 -12yrs The children are presently in the custody of Plaintiff/Mother who currently resides in the maritai residence located at 127 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: Persons Doris R. Arena Basilio Arena Address 127 Bosler Ave., Lemoyne, PA 127 Bosler Ave., Lemoyne, PA Dates 10/15/1999 - present 07/02/2004- 10/15/2004 10/15/1999 - 05/08/2004 The mother of the children is Doris R. Arena, currently residing at 127 Bosler Avenue, Lemoyne, Cumberland County, PA. The mother of the children is married to the father of the children but they are living separately. The father of the children is Basilio Arena, believed to be currently residing at 173-F West Vine Street, Shiremanstown, Cumberland County, PA. The father of the children is married to the mother of the children but they are living separately. 20. The relationship of plaintiff to the children is that of biological Mother and she currently resides with the subject minor children. 21. The relationship of defendant to the children is that of biological Father. The defendant is believed to be currently residing with his paramour, April R. Brown. 22. Plaintiffhas 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 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 child. 23. The best interest and permanent welfare of the child will be served by granting the relief requested because plaintiff is and has always been the primary caretaker of the children and defendant has abandoned the family in favor of the child of his recent adulterous relationship. Defendant has also issued ultimatums to the children whereby they must accept his paramour and her child or they will lose their relationship with Defendant. 24. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: None. WI-IEREFORE, plaintiff requests that this Honorable Court grant custody of the children to plaintiff. Date: Respectfully submitted, Supreme Court ID 86889 101 South Market Street Mechanicsburg, PA 17055 (7 l 7) 790-5451 VERIFICATION I verify that the statements made in the attached complaint are tree 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: DORIS R. ARENA, Plaintiff BASILIO ARENA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-5206 : : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY AFFIDAVIT OF SERVICE I, Christopher J. Keller, Esquire, hereby certify that I have served the Defendant, Basilio Arena, with a copy of the divorce complaint, including a count for custody, on October 18, 2004, by certified mail number 7003 1010 0000 8131 2726 as evidenced by the original United States mail return receipt below. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. hristopher J. I~eller, Esquire Supreme Court ID 86889 Attorney for Plaintiff 101 South Market Street Mechanicsburg, Pennsylvania 17055 (717) 790-5451 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on ~e front if space permits. 1. Article Addressed to: 17 -F' !7811 B. Received by ( prinled Name) C. Date of Delivery Is delivery address different from item 17 []Yes If YES, enter delivery address below: n No I Mail [] Express Mail [] Return Receipt for Merchandise [] Insured Mail [] C,O.D. 4. Restdeted Delivery? (Extra F~e) Xes 7003 1010 0000 8131 2726 Domestic Return Receipt 102595-02-M-1540 2. Article Number (Transfer from se~ice label) PS Form 3811, August 2001 UNITED STATES POSTAL SERVICE Jill ' First-Class Mail Postage & Fees Paid USPS Permit No. G-lO · Sender: Please print your name, address, and ZIP+4 in this box · Law Office of ChristopherJ. Keller 101SouthMarket Street Mechanicsburg, Pennsylvania 17055 DORIS R. ARENA : PLAINTIFF : V. BASILIO ARENA DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5206 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 26, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, PA 17055 on Tuesday, November23,2004 at 12:30 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: /s/ Da~va $. Suaday, Esq. mnc Custody Conciliator The Court of Common Pleas of Cumberland Coanty 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DORIS R. ARENA, Plaintiff V. BASILIO ARENA, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-5206 : : CIVIL ACTION - [,AW : IN DIVORCE 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. 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. 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. Lawyer Referral Service Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 DORIS R. ARENA, Plaintiff V. BASILIO ARENA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5206 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER WITH COUNTERCLAIM TO COMPLAINT IN DIVORCE AND NOW, comes the Defendant, Basilio Arena, by and through his attorney, Diane S. Baker, Esquire, and files this Answer with Counterclaim to Complaint in Divorce as follows: 2. 3. 4. 5. 6. 7. 8. 9. 10. reference. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. No response required. No response required. Admitted. COUNT I- DIVORCE The answers to Paragraphs 1 through 9 are hereby incorporated by 11. Admitted. 12. reference. 13. 14. 15. reference. 16. 17. 18. reference. 19. 20. 21. 22. 23. COUNT II- DIVORCE The answers to Paragraphs 1 through 11 are hereby incorporated by Admitted. Admitted. COUNT III- EQUITABLE DISTRIBUTION The answers to Paragraphs 1 through 14 are hereby incorporated by Admitted. Admitted. COUNT IV- CUSTODY The answers to Paragraphs 1 through 17 are hereby incorporated by Admitted. Admitted. Admitted. Admitted. Denied. It is denied that the best interests and permanent welfare of the children will be served by granting the relief requested. It is further denied that Plaintiff has always been the primary caretaker of the children and it is denied that Defendant abandoned his family or has ever issued ultimatums to the children. By way of further answer, Defendant avers that he served as the primary caretaker of the children up to the time of separation and is able to provide a safe and healthy environment for the minor children. CO UNTER CLAIM ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 24. reference. 25. The answers to Paragraphs 1 through 23 are hereby incorporated by By reason of this action, Defendant will be put to considerable expense in the preparation of his case, in the employment of counsel and the payment of costs. 26. The Defendant is without sufficient funds to support himself and to meet the costs and expenses of this litigation, and is unable to appropriately maintain himself during the pendency of this action. 27. Plaintiff has adequate earnings to provide for Defendant's support and to pay his counsel fees, costs and expenses. WHEREFORE, Plaintiff requests the Court to enter a Decree: (a) Dissolving the marriage between Plaintiff and Defendant; (b) Equitably distributing all marital property owned by the parties hereto; (c) expenses; and (d) Ordering the payment of Alimony Pendente Lite, costs and Such further relief as the Court may determine equitable and just. Respectfully submitted, Diane S. Baker, Esquire I.D. No. 53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 VERIFICATION I verify that thc statements made in this Answer and Counterclaim are tree 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. BASILIO ARENA CERTIFICATE OF SERVICE I hereby certify that on this day of ., 2004, a tree and correct copy of the Answer with Counterclaim was setw'ed on the following person by United States Mail, postage prepaid, addressed as follows: Christopher J. Keller, Esquire 101 South Market Street Mechanicsburg, PA 17055 Respectfully submitted, Diane S. Baker, Esquire Supreme Court lID 53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 DORIS R~ ARENA, Plaintiff BASILIO ARENA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-5206 : : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY PRAECIPE TO WITHDRAW CUSTODY COUNT PROTHONOTARY: Kindly withdraw Plaintiff's count for custody in the above-captioned action. Respectfully subnfitted, Christopher J,5. Keller, Esquire Attorney for Plaintiff Supreme Court ID 86889 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 DORIS R. ARENA, Plaintiff BASILIO ARENA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-5206 : : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Christopher J. Keller, Esquire, attorney for Plaintiff, hereby certify that I served a true and correct copy of the foregoing Praecipe to Withdraw Custody Count to the following persons on the date and in the manner listed below. Facsimile and United States First Class Mail, Postage Prepaid to: Diane Sommers Baker, Esquire -Attomey for Defendant 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0433 71%671-9600 Dawn S. Sunday, Esquire - Custody Conciliator 39 W. Main Street Mechanicsburg, PA 17055 717-766-9622 Date: December 9, 2004 C ' p J r, Esquire Attorney for Plaintiff Supreme Court ID 86889 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 DORIS R. ARENA VS. BASILIO ARENA Plaintiff · o Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLA2q-D COUNTY, PENNSYLVANIA 04-5206 CIVIL ACTION LAW IN CUSTODY' ORDER AND NOW, this 10th day of December~ 2004 , the conciliator, being advised by plaintiff's counsel that the custody claim is being withdrawn in this case as the parties are attempting to reconcile, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for December 15, 2004 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BASILIO ARENA ) Plaintiff ) vs. ) DORIS R. ARENA ) Defendant ) Docket Number PACSES Case Number Other State ID Number 04-5206 CIVIL 984106953 ORDER AND NOW, to wit on this 17TH DAY OF DECEMBER, 2004 IT IS HEREBY ORDERED that the C) Complaint for Support or C) Petition to Modify or (~) Other REQUEST FOR APL CONFERENCE filed on NOVEMBER 23, 2004 maReris dismissedwithoutpr~udice dueto: THE PETITIONER WITHDRAWING HIS REQUEST AS THE PARTIES HAVE in the above captioned RECONCILED. C) The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant Diane Baker, Esquire Christopher Keller, Esquire BY THE COURT~ Edward E. Guido JUDGE Service Type M Form OE-506 Worker ID 210 05