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HomeMy WebLinkAbout05-1842 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVILACfiON - LAW JOHN BUCKHEIT, Plaintiff . . : :No. D5--~ IIN>- ~~ v. . . : IN DIVORCE/CUSTODY JESSICA M. BUCKHEIT, Defendant . . . . NOTICE TO DEFEND AND ClAIM RIGHTS YOU HA VB 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage cOlU1seling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERlY, 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 BEWW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 . AVISO PARA DEFENDER Y RECLAMAR DF.R.ECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulaci6n puede ser emitido en su contra por la Corte. Una decisi6n tambien ser emitida en su contra por cualquier otra queja 0 compensaci6n reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en 1a oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTlCIA. PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTE SEA EMmDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE EILOS. USTED DEBE LLEVAR FSTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERlGUAR DONDE PUEDE OBTENERASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABn.ITIF.q ACf OF lQQO 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA CIVIL ACTION - LAW JOHN BUCKHEIT, Plaintiff : No. v;j- IbY.l- v. : : IN DIVORCE/CUSTODY JESSICA M. BUCKHEIT, Defendant . . COUNT I COMPLAINT UNDER SECTION ~~Ol(C) and ~~ol(d) OF THE DIVORCE CODE AND NOW comes JOHN BUCKHEIT, by and through his attorney, Maryann Murphy, Esquire, who respectfully avers as follows: 1. Plaintiff JOHN BUCKHEIT who resides at 904 Scottish Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant JESSICA M. BUCKHEIT whose mailing address is P.O. Box 111, Thompsontown, Juniata County, Pennsylvania 17094. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on January 7, 2002 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of marriage counseling and that he 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 handed down by the Court. 9. Plaintiff requests this Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II CUSTODY 10. Plaintiff hereby incorporates by reference all of the averments contained in Count I of this Complaint. 11. Plaintiff and Defendant are the biological parents of CASSANDRA BUCKHEIT, born FebruaIY 6, 2004. 12. The child was born in wedlock. She resides with Plaintiff. 13. During the lifetime of the child, she resided at the following addresses with the following persons; TIme Address With Whom birth - 10/3/2004 904 Scottish Court Mechanicsburg, PA Plaintiff, Defendant, their 1 year old daughter, Plaintiffs mother, sister and brother 10/3/2004 904 Scottish Court Mechanicsburg,Pa Plaintiff, his 1 year old daughter, Plaintiffs mother, sister and brother 14. The father of the child is JOHN BUCKHEIT. He is married to the Defendant. 15. The mother of the child is JESSICA M. BUCKHEIT. She is mamed to the Plaintiff. 16. The child currently resides with Plaintiff, his 1 year old daughter, Plaintiffs mother, sister and brother. 17. The 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 any other Court, except as set forth above. 18. The Plaintiff has no information of a custody proceeding concerning The child pending in a Court of this Commonwealth or any other Court. 19. 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. 20. Each parents whose parental rights to the child have not been terminated, and the persons who have physical custody of the child have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties names herein. 21. The best interest and permanent welfare of the child will be served by granting Plaintiff sole legal and physical custody. "WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree dissolving the marriage between the Plaintiff and the Defendant, and granting Plaintiff sole legal and physical custody of the minor child, Cassandra. Respectfully submitted, Maryann urphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, P A 17050 (717) 730-0422 I.D. # 61900 Attorney for Plaintiff / ,./ " . AFFIDAVIT I, JOHN BUCKHEIT, verify that the statements made in the foregoing Complaint in 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. ;f/G/0'!; Date ~~ufi(~ J HN BUCKHE n r--' C" = ~ c;:':::) GJ"O @ f'\ ~ ".. :2 --0 ::;0 ('l1:!l' ~ ,- I "qJ '}J CO :u ()o 6' """ ~~ . . -+1 ' - ~ :.: ' - - Cl T;-? 7-"" 6' ") ::"-1 "- (.) Y> .., '.n C (,,) ..,,; " ..;j N -. w ~ t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN BUCKHEIT, Plaintiff . . . . v. : NO. 05-1842 Civil Term . . JESSICA M. BUCKHEIT, Defendant : : IN DIVORCE/CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER JESSICA M. BUCKHEIT (hereinafter referred to as "MOTHER"), and JOHN BUCKHEIT (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve the matter of custody with respect to CASSANDRA BUCKHEIT, born February 6,2004, the minor child involved in this action, hereby stipulate and agree to the entry of an Order of Court awarding custody of CASSANDRA as follows: 1. The parents agree that FATHER shall have sole legal and physical custody of the minor child, CASSANDRA BUCKHEIT. 2. FATHER shall advise MOTHER of all important matters regarding CASSANDRA in a timely manner. 3. The parents acknowledge that MOTHER will be relocating out of the area, possibly to Thompsontown. The parents agree that MOTHER shall have visitation of CASSANDRA by mutual agreement, with specific days and times to be agreed upon between the parents. Both parents agree to make every reasonable effort to foster a relationship between MOTHER and CASSANDRA. .. r 4. The parents agree that there shall be reasonable phone contact between CASSANDRA and her parents. 5. The parents agree to keep each other advised of their current addresses and telephone numbers for contact. 6. The parents agree that during periods of visitation, MOTHER shall not take CASSANDRA more than fifty (50) miles from FATHER's home without prior written agreement. It is specifically understood by the parents that MOTHER may take CASSANDRA to her home in Thompsontown during her periods of visitation. 7. In the presence of the child, both of the parents shall take all measures deemed advisable to foster a feeling of affection between the child and the other parent. Neither parent shall do or say anything which may estrange the child from the other, or injure the child's opinion of the other parent, or hamper the free and natural development of the child's love and respect for her parents. 8. The parents agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania, for approval and for entry of an Order awarding custody as set forth herein. 9. The parents hereby request that this Honorable Court enter such an Order which shall replace and supercede any and all prior Orders and shall remain in full force and effect pending further Order of Court. IN WITNESS WHEREOF, the parties have executed this Stipulation for . . Entry of a Custody Order on the date indicated below. ~/1J~:., Date " '7 / () .!5 date' /lV}J1/J}',ilv' Witness !/i; Ljj au ~ II1i /' (iQ. /.:- HNBUCKHE ~1^~. -b<"d:#L ICA . BUCKHE ~-') "",,..\ '::--," (:-;_c; ';"';-1 ;;;~ --1 T :r~ :::) ".) U;' --'-, r',) (.r" IN THE COURT OF COMMON PLEAS OF CUMBERL\ND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN BUCKHEIT, Plaintiff . . . . : No.o5-t842 Civil Tenn v. : IN DIVORCE/CUSTODY JESSICA M. BUCKHEIT, Defendant . . . . AFFIDAVIT OF SERVICE I, Maryann Murphy, Esquire, depose and say: 1. That I am an adult individual residing in Cumberland County, Pennsylvania. 2. That on April 11, 2005, I sent the Complaint in Divorce by U. S. first class mail, postage pre-paid, to Defendant at the following address: Jessica M. Buckheit P.O. Box 111 Thompsontown, PA 17094 3. That on April 12, 2005, Defendant signed the Acceptance of Service which is attached hereto. ~ia 1)/&6 Dat . I ~~ . ~ Maryann PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 I.D. # 61900 Attorney for Plaintiff IN THECOU1l.T OF COMMON PLEASOFCUMBE~DA~WUNTY, PENNSYLVANIA CIVIL ACfiON - --.n. JOHN BUCKHEIT, Plaintiff . . . . : No. 05-1842 Civil Term v. . . : IN DIVORCE/CUSTODY JESSICA M. BUCKHEIT, Defendant : . . ACCEYfANCE OF SERVICE I. JESSICA M. BUCKHEIT, Defendant in the above-captioned case, do hereby depose and say that I personally received and accepted service of a true and correct copy of the Complaint in Divorce on the date written below. 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. -///2/oS r r { Date ~A ~-h-lj/'khe.~i ICA M. UCKHElT Ci -n :::! , ::") ,-; I r-.' -,~, () j --::1 .. I : i'''.1 <. C:~ r,) Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg,PJ\17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW I JOHN BUCKHEIT, Plaintiff . . . . . . v. : NO. 05-1842 Civil Tenn , iJESSICA M. BUCKHEIT, Defendant . . . . : IN DIVORCE/CUSTODY ORDER OF COURT ANDNOW,this vB' day of +...7 , 2005, upon consideration of ~he attached Custody Stipulation, IT IS HEREBY ORDERED AND DECREED that qustody of CASSANDRA BUCKHEIT, born February 6,2004, shall be as follows: 1. FJ\TIIER, John Buckheit, shall have sole legal and physical custody of the I ~nor child, Ci\SSANDRA BUCKHEIT. 2. FJ\TIIER shall advise MOTIIER of all important matters regarding dAsSANDRA in a timely manner. I 3. The parents acknowledge that MOTIIER, Jessica M. Buckheit, will be r~ocating out of the area, possibly to Thompsontown. MOTHER shall have visitation of ~ANDRA by mutual agreement, with specific days and times to be agreed upon be~ween the parents. Both parents shall make every reasonable effort to foster a I rel~tionship between MOTIIERand CASSANDRA. I \,'tNVi\1\,;3\II'\:.:Jd AlNn,=~""", "i,,::::":>",:n8 SS :! I H'~ 8(: lJdBOuZ Al:lVlGNOH.i.Odd 3Hl .:10 j::::i~:lO-0311:J 4. There shall be reasonable phone contact between CASSANDRA and her parents. 5. The parents shall keep each other advised of their current addresses and lielephone numbers for contact. 6. During periods of visitation, MOTIIER shall not take CASSANDRA more ~an fifty (50) miles from FATHER's home without prior written agreement. It is I , 1pecifically understood by the parents that MOTHER may take CASSANDRA to her home ib Thompsontown during her periods of visitation. 7. In the presence of the child, both of the parents shall take all measures qeemed advisable to foster a feeling of affection between the child and the other parent. ~either parent shall do or say anything which may estrange the child from the other, or , irjure the child's opinion of the other parent, or hamper the free and natural development df the child's love and respect for her parents. 8. This Order shall replace and supersede any and all prior Custody Orders and s~al1 remain in full force and effect pending further Order of Court. BY THE COURT: J. aryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, P A 17050 4a M. Buckheit P.O. Box 111 Thompsontown, PA 17094 IN THE COURT OF COMMON pLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVILACfION - lAW JOHN BUCKHEIT, Plaintiff' : No.05-1842 Civil Term v. : IN DIVORCE/CUSTODY JESSICA M. BUCKHEIT, Defendant . . : AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301( c) of the Divorce Code was filed on April 8, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) 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. Section 4904 relating to unsworn falsification to authorities. 7)/5/(')5 Dale If 1IkM ~ fly~ ~JJ). OJI- ESSICA . BUCKHEIT ....> """ <3- <e. r' tv -- Q, -' 4:.-<1 r\\~. ...q\j ~,~~~.~ (1 '.. _t) ::;.,.. t:-? '-" .,p .J}~ :'"'- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVILACI'ION - LAW JOHN BUCKHEIT, Plaintiff . . : NO.05-1842 Civil Term v. : IN DIVORCE/CUSTODY JESSICAM. BUCKHEIT, Defendant . . WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECfION ~~Ol(C) 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. Section 4904 relating to unsworn falsification to authorities. ~;>16 _e; M/C~~~dlk'J- ICA M. BUCKHEIT ,-.> (::::..7 = V"' <;-, c...- ,-' N ,..-'- ""-';J :z -0 o -n .-\ ::e-n r'1t.G', ~S1l:? 1"')le> _~~tc~ ~_~l r:--? .r;- o '::iJ .....;.