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HomeMy WebLinkAbout04-6290 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0'1- c,^qo c....;v/! DeANNA L. SAWYER, Plaintiff WILLIAM R. SAWYER, Defendant 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 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 A venue Carlisle, PA 17013 (717) 249-3166 '. DeANNA L. SAWYER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. CI-t - ~;).. 9D C;u{ 182..."1. WILLIAM R. SAWYER, Defendant : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY COMPLAINT UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE COUNT NUMBER 1 AND NOW comes Plaintiff, DeAnna L. Sawyer, by her attorney, Diane S. Baker, Esquire, and files this Complaint, based upon the following: 1. Plaintiff, DeAnna L. Sawyer, is an adult individual residing at 330 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, William R. Sawyer, is an adult individual residing at 7 South Madder Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff has been a bona fide resident of this Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 20, 1993 in Broward County, Florida. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Defendant is not presently a member of the Armed Forces on active duty. Plaintiff is not presently a member of the Armed Forces on active duty. 7. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling, '. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 8. Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. 9. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree: (a) Dissolving the marriage between Plaintiff and Defendant; (b) Such further relief as the Court may determine equitable and just. COUNT NUMBER 2 - CUSTODY 10. Paragraphs 1 through 9 are incorporated herein by reference. 11. Plaintiff seeks custody of William Denson Sawyer, born March 30, 1995. Plaintiff is the natural mother of the child and Defendant is the natural father of the child. The child was born of the marriage of the parties. The child is currently in the custody of Plaintiff. 12. Since birth, the child has resided with the following persons and at the following addresses: Plaintiff and Defendant 7431 S.W. 13th Street North Laud, FL 33068 Birth to October 2001 Plaintiff and Defendant 330 Gettysburg Pike October 2001 to Mechanicsburg, P A 17055 December 11, 2004 Plaintiff 330 Gettysburg Pike Mechanicsburg, PA 17055 December 11, 2004 to Present 2 13. Plaintiff has not participated as a party or a witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. 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. 15. The best interest and permanent welfare of the child will be served by granting the relief because Plaintiffprovides a safe home and a stable and loving environment for the child. WHEREFORE, Plaintiff requests Your Honorable Court to grant her shared legal and primary physical custody of the minor child, William Denson Sawyer, COUNT NUMBER 3 - CLAIM FOR EQUITABLE DISTRIBUTION 16. Paragraphs 1 through 15 above are herein incorporated by reference. 17. The Plaintiff and Defendant are owners of various items of personal property, furniture and household furnishings acquired during the marriage which are subject to equitable distribution by the Court. 18. The Plaintiff and Defendant are owners of various motor vehicles acquired during the marriage which are subject to equitable distribution by the Court. 3 19. The Plaintiff and Defendant singly or jointly have interests in various bank accounts acquired during the marriage which are subject to equitable distribution by the Court. 20. Plaintiff and Defendant own or have an interest in real estate which is subject to equitable distribution by the Court. 21. The Plaintiff and the Defendant have acquired during the marriage other marital property which is subject to equitable distribution by the Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: (a) Dissolving the marriage between Plaintiff and Defendant; (b) Granting her primary physical custody of the minor child, William Denson Sawyer; (c) Equitably distributing all marital property owned by the parties hereto; and (d) Such further relief as the Court may determine equitable and just. DATE: \'L\~\D~ ane S. Baker, Esquire Supreme Court ill #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 4 VERIFICATION I, DeANNA L. SA WYER verify that the statements made in this Complaint in Custody/Divorce 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. ~/J , ' ,/ ,..,i"/ //,,,/ " ,'/' /, i' / Ie .~. ';/'>~-_._ 0 DeANNA L.~J T -_J 5 ... t~ ~ ~ 9J -- 6" ~~ D '- ~ . ~ Lv ~ () U( . , ""'\) "-> C C> -~':_, ~~ I I p::GJ ~~ ~-<. ::-:~ ~ q ::,~ ..-~ r-:l -T:-n 1""1 rlli'~ ; :,\,i~ ~ r,,)'j ,~ ~"'1 :.2 \ w DEANNA L. SAWYER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-6290 WILLIAM R. SAWYER, Defendant : CIVIL ACTION - LAW : IN DIVORCE CE I, Diane S. Baker, Esquire, hereby certify that a true and correct copy of the Complaint in Divorce/Custody was served on the Defendant by certified mail, restricted delivery, return receipt requested, on December 27, 2004, at the Defendant's last known address of: 7 South Madder Drive Mechanicsburg, P A 17055 The return receipt card is attached hereto as Exhi~ _._ ((~ Diane S. Baker, Esquire Attorney for Plaintiff S[NO! H ,(in11"I" "II ,/ ( ," \ . A, Signatwe X JI/~~ . 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 mail piece, or on the front if space permits, 1. Article Addressed to: (A) (II; am If. i0au1lf...e /' >j rliJt.iM /f)tU/ d-f'r '])'1 VC- j)J~c/Jti/)IC5tv~ fJlL /1<<5 I 3. SJlIv~pe I9"&rtlfied Mail 0 Express Mail o Registered 0 Return Receipt for Merchandi o Insured MfUI 0 C,O,D. 4, Restricted Delivery? (Extra Fee) 2. Article Number rt i53{) (Transfer from service label) I ODD PS Form 3811, August 2001 () CJ() / 88'1..3 ~. ft; q/6- Domestic Return Receipt 102595-01-M-038 i EXHIBIT" A" ( l (") Jc _"roO .. ,~,.... , iT r,.~ , ' . ;~. ~ ,.-. ...../.-- _.......' ~2'...-' ~:C 6-L >s '" c. -.,:; -;:0/ -.1:.'. C-;.~ c::::> 0', ".. / .. -:-i-' \-,"t '--1 (~J. . -, ~ < '''J.:'.-:: ?n -=-..1 . "=... Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6290 CIVIL TERM DEANNA L. SAWYER, v. CIVIL ACTION - LAW WILLIAM R. SAWYER, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 17th day of March, 2005, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. :246892 :J... DEANNA L. SAWYER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV IA v, : NO, 04-6290 WILLIAM R. SAWYER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this -2..-l:iL day of ----11 v {. \., , 2005, Ipon consideration of the attached Stipulation and Agreement of the Parties, it is h reby ORDERED that custody of the minor child, William Denson Sawyer, born Mar 30, 1995, shall be as follows: 1. The parties shall share legal custody of the minor child. They shall c nsult " with each other relative to all important decisions concerning the subject minor hild, including such IDmmers as health, education and religion. Both pmiies shall be enti ed to equal access to all school and medical records. The pmiies agree that major dec sions concerning their child, including, but not necessarily limited to, the child's I alth, welfare>. education, religious training m1d upbringing shall be made by them jointl after discussion and consultation with each other, with a view toward obtaining and foll wmg -^y AR 1 '1 2nnv Ii \lIN\f,~1).sNN3d I INnr':, ,-:; ",r'Cf:-;:,"'n" 1\.),... J. ." .".L~~'i, 11.../ OS :t I Wit 2Z ~VW SOOl "I"""'f"W)Ud :.lHl '0 /"t, iJJ;\\\.)nJ..\ W..I j JJU,IO-031I:J \\. a harmonious policy in the child's best interests. Each party agrees not to imp . the other party's rights to shared legal custody of the child. Each party agrees not to a empt to alienate the affections of the child from the other party. Each party shall not" the other of any activity or circumstance concerning their child that could reasona ly be expected to be of concern to the other. Day to day decisions shall be the responsibi 'ty of the parent then having physical custody. With regard to any emergency decisions, hich must be made, the parent having physical custody of the child at the time f the emergency shall be permitted to make any immediate decisions necessitated th reby. However, that parent shall infonn the other of the emergency and consult with him r her as soon as possible. Each party shall be entitled to complete and full informatio from any doctor, dentist, teacher, professional or authority ,md to have copies of any r orts given to either party as a parent. 2. Primary physical custody of the minor child shall be with Mother. ther shall have. partial physical custody of the minor child as follows: a. Effective Saturday, January 22, 2005, and continuing on alter ting Saturdays through March 1, 2005, or until such time as Father obtains su able housing, from 9:30 a.m. until 5:00 p.m.; b. Effective March 1, 2005, or once Father obtains suitable ho mg, alternating weekends from after school on Friday LlI1til Sunday at 7:00 p.m.; c. Every Tuesday and Wednesday evening from after schoolllI1til 7:00 .m. 3 The parties shall share or alternate all major holidays. Father shall al have the child for Father's Day and Mother shall always have the child for Mother's ~,~ 4. The holiday schedule shall supercede the regular schedule. 5. Unless otherwise agreed upon by the parties, Father shall prov e all transportation for his periods of partial physical custody. Pick-up and drop off f the child shall occur at curbside at Mother's residence and Father shall remain in his hicle during all custodial exchanges. 6. Both parties shall be entitled to two weeks, non-consecutive, vacatio time with the child during the summer, provided he or she gives the other party notice of IS or her intended vacation schedule by May 1 st of each year. Vacation time shall inclu e the parties regularly scheduled weekend. 7. Both parties shall provide the other parent with the address and lone number where they can be reached in the event of an emergency. Both parties shall 'eep the other party informed as to the whereabouts of the child including an addres and phone number during vacation times with the child. a 8. Both par1ies shall be entitled to reasonable telephone and e-mail c tact with the child while tlley are in the custody of the other parent. Except in an emerg cy, reasonable telephone contact shall be defined as one call per day between tlle hou s of 9:00 a.m. and 9:00 p.m. 9. During any period of custody or visitation the parties to this Order hall not possess or use any controlled substance, neither shall they consume alco lic beverages to the point of intoxication. Neither party shall transport the child if he 01 she has consumed any alcoholic beverages within the past four (4) hours. The parties, mil likewise assure, to the extent possible, that other household members and/or house gl sts - comply with this -prohibition, 10. Both parents shall establish a no-conflict zone for their child and frain from making derogatory comments about the other parent in the presence of th child and, to the extent possible, shall not permit third parties from making such. BY THE COURT: Ii/-