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HomeMy WebLinkAbout02-0920CHRISTINE L. McFADDEN, Plaintiff VS. FREDERICK J. McFADDEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002- '~ ~) CIVIL : IN DIVORCE AND CUSTODY 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, 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 CHRISTINE L. McFADDEN, Plaintiff VS. FREDERICK J. McFADDEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002- ~ CIVIL : IN DIVORCE AND CUSTODY COMPLAINT UNDER SECTIONS 3301{C_) AND 3301{D) OF THE DIVORCE CODF Plaintiff is Christine L. McFadden, an adult individual who currently resides at 121 Conodoguinet MHP, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Frederick J. McFadden, an adult individual who currently resides at 62 Broad Street, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 1,1999, in Jefferson County, New York. COUNT I - DIVORCE UNDER SECTIONS 3301 (a)6, 3301 (c) AND 3301{d) OF THE DIVORCE CODF 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. broken. Plaintiff avers that the marriage between the parties is irretrievably 9. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. 10. The Plaintiff avers that the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II - CUSTODY 11. Plaintiff is Christine L. McFadden, an adult individual who currently resides at 121 Conodoguinet MHP, Newville, Cumberland County, Pennsylvania 17241. 12. Defendant is Frederick J. McFadden, an adult individual who currently resides at 62 Broad Street, Newville, Cumberland County, Pennsylvania 17241. 13 Plaintiff seeks custody of Stephanie Lynn McFadden, born August 25, 1992. 14. Stephanie was born while the parties were not married. The child is presently in the custody of Plaintiff at 121 Conodoguinet MHP, Newville, PA 17241. During the past five years, the child has resided with the following persons at the following addresses: Persons Christine L. McFadden Frederick J. McFadden Christine L. McFadden Christine L. McFadden Craig A. Proper ~ Dates Theresa, NY 1997-1999, Hanover Manor Carlisle, PA Conodiguinet MHP Newville, PA Aug. 1999-Aug. 2001, Aug. 2001-present The natural father of the child is Frederick J. McFadden, currently residing at 62 Broad Street, Newville, PA 17241. He is married to the Plaintiff. The natural mother of the child is Christine L. McFadden, currently residing at 121 Conodoguinet MHP, Newville, Cumberland County, Pennsylvania 17241. 15. She is married to the Defendant. The relationship of the Plaintiff to the child is that of natural mother. The plaintiff currently resides with the following persons: Names Stephanie Craig A. Proper Daughter Friend 16. The relationship of the Defendant to the children is that of natural father. The defendant currently resides with his girlfriend and her children. 17. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other 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 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. 18. 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. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary legal and physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/domestic/mcfadden.com VERIFICATION 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. § 4904, relating to unsworn falsification to authorities. Christine L. McFadden CHRISTINE L. McFADDEN, Plaintiff VS. FREDERICK J. McFADDEN, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · NO. 2002- 920 CIVIL · IN DIVORCE AND CUSTODY CUSTODY AGREEMENT 1. The parties hereto are the parents of Stephanie Lynn McFadden, bom August 25, 1992. 2. The Mother resides at 121 Conodoguinet MHP, Newville, PA 17241 and the Father resides at 62 Broad Street, Newville, PA 17241. 3· The parties agree that Mother will have primary legal and physical custody of their child. Father shall have custody of Stephanie as the parties agree to from time to time. In the event the Father moves from the area he currently lives in and lives at a distance the parties agree that Father shall have custody of Stephanie for four non consecutive weeks during the summer school holiday. Father will provide Mother with at least two weeks notice of: the weeks selected. The parties will alternate the school holidays over the Thanksgiving and Christmas holidays with Father having Stephanie for Thanksgiving in even numbered years and Christmas in odd numbered years. Holidays and other times will be by agreement of the parties and Mother acknowledges that she will be supportive of Father's and Stephanie's reasonable requests to spend time with Father. 4. In the event Father intends to remove Stephanie from his residence for an overnight period or longer, Father shall provide Mother with advanced notice of an address and telephone number where Stephanie can be contacted. 5. Neither party shall do or say anything which may estrange Stephanie from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Both parties shall take all reasonable steps to ensure that third parties having contact with the child comply with this provision. 6. The parties agree that this Custody Agreement shall be entered as a Consent Order of Court. Agreeing to be legally bound hereby the parties have affixed their signatures. Christine L. McFadden rlo.dirldomesticlmcfadden.ag r Respectfully submitted, Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 CHRISTINE L. McFADDEN, Plaintiff VS. FREDERICK J. McFADDEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002- 920 CIVIL :IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, thisZ~day of "~-~'~",~"'~"~, 2002, I, FREDERICK J. McFADDEN, Defendant above, hereby accept service of the Complaint in Divorce filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. FREDERICK J. McFADDEN CHRISTINE L. McFADDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW FREDERICK J. McFADDEN, Defendant NO. 2002-920 CIVIL TERM 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: Acceptance of Service dated February 25, 2002. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on June 10, 2002; and Defendant on June 5, 2002. B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: (2) date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: None served as the parties signed the Waiver of Notice. (Defendant on and Plaintiff on ). Respectfully submitted, Robert L. O'Brien, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~_ PENNA. CHRISTINE L. McFADDEN Plaintiff VERSUS FREDERICK J. McFADDEN Defendant N O. 2002-920 CIVIL DECree IN DIVORCE and NOW, DECREED THAT CHRISTINE L. McFADDEN AND FR~ERICK J. McFADDEN AY I/~.~l,%~ ~ ,~;~, It IS Ordered AND ARE DIVORCED FROM THE BONDS Of MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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 ATT E ST:~~ J0 PROTHONOTARY CHRISTINE L. McFADDEN, Plaintiff Vs. FREDERICK J. McFADDEN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002-920 : IN DIVORCE AND CUSTODY CONSENT ORDER And Now this i ~,~t~ day of ~ parties Custody Agreement is made an Order of Court. ,2002, the Jo