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HomeMy WebLinkAbout04-5552 HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF TIMOTHY P. CHESTNUT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTIC>>N . LAW : NO. 04..;rr5'~CIVIL TERM KRISTIAN M. CHESTNUT, Defendant : IN DIVORCE NOTICE 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 in 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 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, Cumberland County Courthouse, 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 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 717-243-3166 TIMOTHY P. CHESTNUT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 04 .."SS-..2.CIVIL TERM KRISTIAN M. CHESTNUT, Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is TIMOTHY P. CHESTNUT, an adult individual residing at 1080 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is KRIST IAN M. CHESTNUT, an adult individual residing at 3308 Enola Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Both parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on August 28, 2004, in Carlisle, Pennsylvania 5. Pursuant to the Divorce Code, Section 3301 (c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. November 3, 2004 //~.~~ TtMortA('p. CHESTNUT, Plaintiff HAROLD S. IRWIN, II Attorney for Plainti 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court 10 No. 29920 TIMOTHY P. CHESTNUT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 04 --55~.l.cIVIL TERM KRISTIAN M. CHESTNUT, Defendant : IN DIVORCE PLAINTIFFWS MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. November 3, 2004 Mf~ffJ~ TI~;T~~ I/. CHESTNUT, Plaintiff (') 1-0..) ~ c= ~ c: = -,.. ..c-' "<:)1); :;e ~:n ~ 9 n'tr7 l C;) 111 r- e ~ -:J" . I '/ < .c,._ .... ;SZ ~9 t~:; I --') c..J 0.:; - \)-J F~ :c :r{ 0'\ -0 0-- ~ C lit; c; ("; ::Jl;: -,.0 Q t ~.~ r'j Om -.0 - .:c:>o (':..'_ C& ~ -..,) ...0 ~ C> ~ Crt 0 <f.. f r HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF TIMOTHY P. CHESTNUT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ~J;TION . LAW : NO. O,y~.5~,.L. CIVIL TERM KRISTIAN M. CHESTNUT, Defendant : IN DIVORCE COMPLAINT FOR CUSTODY NOW comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is TIMOTHY P. CHESTNUT, an adult individual residing at 1080 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is KRISTIAN M. CHESTNUT, an adult individual residing at 3308 Enola Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one minor child, namely Izabelle M. Chestnut (born October 3,2004, age 1 month). 4. The child resided with both of the parties from her birth until the parties' recent separation. The child has resided with the plaintiff since the parties' separation. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the child in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the child pending in a court of this Commonwealth. 7. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that the plaintiff have primary physical custody of the child and that the defendant have temporary physical custody of the child in accordance with their mutual agreement hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the child and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of their minor child, Izabelle M. Chestnut (born October 3,2004, age 1 month). B. F ather shall have primary physical custody of the child. C. The Mother shall have temporary physical custody and visitation of the child as the parties may mutually agree from time to time. D. The Father shall always have the child on Father's Day and the Mother shall always have the child on Mother's Day. E. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. F. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. G. The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties. H. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. I. Any modification or waiver of any of the provIsions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. J. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the child as aforesaid. It.keN4<:.<.-:> , 2004 ~ HAROLD S. IRWIN, III Attorney for Plainti VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. //c,,/-p-M /; fr ~ .2004 ~ ~(SEAL) TIMOTHY P. CHESTNUT a-- AJ 1Y7.1 wm.Qn;L 3 , 2004 ~ ~I~~~--' /f ~rud- KRISTIAN M. CHESTNUT (SEAL) W\V'\lAs'~r J 3d I IlI.ln:-'-l " ;- -;'A!-'"l,\ ^l.i"u 1"-.)....' , . ~ ::!"-1{ tv L +t :8 Wd 8- ^OH iDOl q...'\.Ilr";U'~HIO' 'd :lUI .JO ^....; v.llJt , t.l... c. ...JnJ..... 38!:HQ-G31J..:l r S; ~ . ~ "0 v.. - <:::::l U\ t ~ ~ ~ ~ ~ 0 ~ a D HAROLD I. IRWIN, III ESQ A~RNeYIDNO.~20 84 SOUTH PITT STREET CARLIILI! PA 17013 (717) 243-8090 A~RNeY FOR PLAINTIFF TIMOTHY P. CHESTNUT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 04 .?5-u"CIVIL TERM KRISTIAN M. CHESTNUT, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this llltdayOf {u 011, ,2004 upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor child, Izabelle M. Chestnut (born October 3,2004, age 1 month). B. The Father shall have primary physical custody of the child. C. The Mother shall have temporary physical custody and visitation of the child as the parties may mutually agree from time to time. D. The Father shall always have the child on Father's Day and the Mother shall always have the child on Mother's Day. E. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. ,\,L;<[!(:;~ ~ \i:.\f-v~l\l/\~~l:\ '\! ~][1 , "":i:.';n:) 6' ?lJI "1 :" ,',!J c 1 4n:~ H1UZ - I1r....;!~ iU Ki\f~C\~:;-;_C::id 3,'-U. :!O 3Ji.-J:!i}-03l1:i F. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. G. The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties. H. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. I. Any modification or waiver of any of the provIsions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. J. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. ~~ ~ , " BY THE COURT, (}II tJ/~~ofL o J. TIMOTHY P. CHESTNUT, Plaintiff : IN THE COUR'r OF COMMON PLEAS OF : CUMBERLANEI COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 04 - 5552 CIVIL TERM KRISTIAN M. CHESTNUT, Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about November 3, 2004. Service of the complaint was made on or about November 3,2004, by personal service (see Acceptance of Service). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amemded complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. MARCH~, 2005 ^ " "'/;> '~:~_<...--?"" HESTNUT - '-'"' (,) ( r<) c:::-) ';';,~':J <;;...;1 o -n _,".8 "':;.~ SA:] { ':,~',,! c...-,:' TIMOTHY P. CHESTNUT, Plaintiff : IN THE COUR'r OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 04 - 5552 CIVIL TERM KRISTIAN M. CHESTNUT, Defendant : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (G) of the Divorce Code was filed in this matter on or about November 3, 2004. Servicle of the complaint was made on or about November 3,2004, by personal service (see Acceptance of Service). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. M.reh~ /;-; / ./ -., '~~ ?; :;c - - n 4:1 ~~:g \ 1"1 '-'.yC?, :"'\~-(i 1~::f7Ii{'~ ':~:-\ ~~: .::~". "2;"1 P .-<-, cJ - TIMOTHY P. CHESTNUT, Plaintiff : IN THE COUR".r OF COMMON PLEAS OF : CUMBERLANIlI COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 04 - 5552 CIVIL TERM KRISTIAN M. CHESTNUT, Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. March X. 2005 ~~ rf3ffL~~~ )<--/ TIMOT P. CHESTNUT - n ,..., C., <::.,~ -.../~ () -~n c::.; ("J - TIMOTHY P. CHESTNUT, Plaintiff : IN THE COUR'r OF COMMON PLEAS OF : CUMBERLANIlI COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 04 - 5552 CIVIL TERM KRISTIAN M. CHESTNUT, Defendant : IN DIVORCE DEFENDANT"S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. understand that fal e statements herein made are subject to the penalties of 18 Pa. C.S. Section 04, relating to unsworn falsificatio~to--autfloi'7' Marc KR M.CHESTNUT ~;; (, '..:~) ;:..ri c...n ~-n 1.1f"-::;' lr~1 ]'1:,:; I..) .~r,: ~,'2 ." r..::;'! C-',) TIMOTHY P. CHESTNUT, Plaintiff : IN THE COUR'r OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 04 - 5552 CIVIL TERM KRISTIAN M. CHESTNUT, Defendant : IN DIVORCE WAIV...I1.l qF ~ATJCE QI; JtlJ'ENJ'J9Jl TO .lJt!Q.UI5,J: lrtl'fJY OF A .Ql'lORC;~ J)i~~ PJtP~'Ji'~TlQ~ ~3Qj~~QE~TJfA P'IVO^c;~ ~P~ 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 ~rue and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 ating to unsworn falsification to authorities. --- ~,,--.._. 1"'~:) r:? ;j?, ':'? (,,:, TIMOTHY P. CHESTNUT, Plaintiff : IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW I NO. 04 - 5552 CIVIL TERM KRISTIAN M. CHESTNUT, Defendant I IN DIVORCE \YAJY!!R~ Qf J!t9TICIj q{ J!O"~'-'11:tQtj;1.0 ~qV~,:r JJt~"y OI:~=VJY9BStE 111iC.8U 1JJlA~ AIl~1'lQ.tf .330iaa 9EJ:ltdt't9"~E COq,~ 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. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. March Jr., 2005 />" /"" ? TI~~H~~~t /7/ l-r. -- ." (., TIMOTHY P. CHESTNUT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 04 - 5552 CIVIL TERM KRISTIAN M. CHESTNUT, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Kristian M. Chestnut, defendant in this divorce action, hereby certify that I received a copy of the complaint in divorce on or about November 3, 2004 by personal service. 1 verify that the statements made in this acceptance of service 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. March ~ 2005 ::;;; (') (;;.;;.') ;::'h cJ'I ~,::,Jo, :r,,}' ;:.0 C) Co') HAROLD .. IRWIN. III. ESQUIRE ATTORNEY ID NO. 28820 84 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-tIOlID ATTORNEY FOR PLAINTIFF TIMOTHY P. CHESTNUT, Plaintiff I IN THE COUR1r OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW I NO. 04 - 5552 CIVIL TERM KRISTIAN M. CHESTNUT, Defendant : IN DIVORCE 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about November 2, 2004, defendant was served with a copy of the divorce complaint by personal service (See Acceptance of Service). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301 (c) of the Divorce Code: By the plaintiff: March 2, 2005 By the defendant: March -2::, 2005 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: NIA. 4. Related claims pending: None 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: NIA. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: On or about March jL, 2005 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: On or a t March .L{, 2005 HAROLD S. IRWIN, III Attorney for Plaintiff March l!, 2005 I""') t",.:) ,~ <',:J ),.,.:;:) ,,"'.11 () -'ri .c ---- 'f::'f::'*''f't' ~~~ ~'t'~'t'~~'t' 't''t'~~+'t'+~~'t' ~~~++++++++~+++++++~+++++++++++++++++++++~ . + + . + + + + + . + . + . + + + . + + + + . + + . + . + + + + + . + . + + + + + . + . + + + . + . + + + . + + + + + + + . + + + + + + + + + + + . + + + . + + . . + + + . + + . . + . . + . . . . . . . + + +++++++++++++1,++ + ... . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + . + + + + + . + + . + + + + + + + + + + + + + + + + + + + + + + . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY TIMOTHY P. CHESTNUT, PENNA. STATE OF Plaintiff NO. 04 - 5552 CIVIL TERM VERSUS KRISTIAN M. CHESTNUT, Defendant DECREE IN DIVORCE VVl 'ZJ coOt I If 2005 AND NOW, , IT IS ORDERED AND Timothy P. Chestnut DECREED THAT , PLAINTIFF. Kristian M. Chestnut AND , DEFENDANT. ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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. By THE COURT: ufj \ I""' ATTE + + + + + + + + . ++ 'f + + Of! 'f + u ~ 'f~'f+'f~'+'+~++++++ ++++'f++'f++~+++++++'f+++++++++++++ J. .~ :7 ~ ~~.._w- )t"F --~ ~ $~.?>?/ ~ -/'9 _q;7. Je,z- , . . .',