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HomeMy WebLinkAbout05-2266 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V NIA DENISE E. BISHOP, Plaintiff v, ) ) ) ) ) ) ) NO. 2005-,.J ;Xl, CIVIL TERM CHARLES L. BISHOP, 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 t e following pages, you must take prompt action. You are warned that if you fail to do so, th case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgmen1 may also be entered against you for any other claim or relief requested i these papers by the Plaintiff, You may lose money or property or other rights important to ou, including custody or visitation of your children, When the ground for divorce is indignities or irretrievable breakdown of the marria e, you may request marriage counseling, A list of marriage counselors is available in the Offi e of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsy1 ania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRAN ED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE, IF YOU 0 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 32 South Bedford Street Carlisle, P A 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply wi h 1he Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the co , please contact our office. All arrangements must be made at least 72 hours prior 10 any he ng or business before the court. You mus1 attend the scheduled conference or hearing, . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V NIA DENISE E. BISHOP, Plaintiff v, ) ) ) ) ) ) ) NO. 2005- J.,JI_h CIVIL TERM CHARLES 1. BISHOP, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Denise E, Bishop, by and through her counsel, Howett Kissinger & Conley, P.C" who states the following in support of the within Complaint: 1. Plaintiff is Denise E. Bishop, an adult individual who currently resid s at 1806 Brandt Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Defendant is Charles 1. Bishop, an adult individual who currently res des at 29 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, 3. Both the Plaintiff and the Defendant have been bona fide residents in he Commonwealth of Pennsylvania for a period of at least six (6) months immediately precedin the filing of this Complaint. 4. Plaintiff and Defendant were married on June 18, 1994 in Camp Hill, Pennsylvania, 5, Neither Plaintiff nor Defendant is in the military or naval service ofth United States of its allies within the provisions of the Servicemembers Civil Relief Act of the Congress of 1940 and its amendments. - instituted by either of the parties in this or any other jurisdiction. 6. There have been no prior actions for divorce or annulment of the m lage 7. Plaintiff has been advised that counseling is available and that Plain iff may have the right to request that the Court require the parties to participate in counseling, 8. The marriage of the parties is irretrievably broken. 9. The parties have lived separate and apart since on or about March 21 2004, 10. Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, Date: L).j-q'~b S (lui./(~ Cindy S. Con , Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Denise E. Bishop . . VERIFICATION I, Denise E. Bishop, hereby swear and affirm that the facts con1ained in the foregoi Complaint in Divorce are true and correc1 to the best of my knowledge, information and be ief and are made subject 10 the penalties of 18 Pa.C.S, g4904 relating to unsworn falsification authorities. Date: f;t/oS iV (J .{Q #- 1"- - it- ...{) ~ ....... V( (> (') ~, "- c: = 0 ~ = tN ~ .. <.n ." U( C> --U ~~ -4 ...-._J> ::t:"'T1 (5'. p::. -< n1F r tN I -nn. t.> ~~, c-1 ':..;l. ~ ~. .,1 -n .::,~ ~:H ---...(-'- l ._,,~ :~:; (=s C ~, On-1 :?~.. ~ :;1 Cl ::0 <.~ .< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, ) ) ) ) ) ) ) NO, 2005-2266 CIVIL TERM DENISE E, BISHOP, Plaintiff CHARLES 1. BISHOP, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Charles 1. Bishop, Defendant in the above-captioned divorce action, hereby accept service of the Complaint in Divorce filed on May 3, 200S, Date: 5-/2-0~ !!Lt;?({;Ip Charles 1. Bishop, Defendant ;-:;>., .'-" .-j .;~? C.t) ,~:; . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, ) ) ) ) ) ) ) NO, 200S-2266 CNIL TERM DENISE E. BISHOP, Plaintiff CHARLES L. BISHOP, Defendant CNIL ACTION - LAW IN DNORCE STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER THIS STIPULATION is made this \ 'T ~ day of (Yl~'1 200S, by and between Denise E. Bishop (hereinafter referred to as "Mother"), of Cumberland County, Pennsylvania and Charles L. Bishop (hereinafter referred to as "Father"), of Cumberland County, Pennsylvania, WHEREAS, the parties were married to each other on June 18, 1994 and have separated; WHEREAS, two children were born of the marriage namely, Andrew D, Bishop (hereinafter referred to as "Andrew"), born April 10, 1997 and Gregory A, Bishop (hereinafter referred to as "Gregory"), born December 29, 1999; WHEREAS, the parties are desirous of settling between them the implementation of custody arrangements which shall be entered as an Order of Court, without the necessity of court intervention, NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference herein and deemed as an essential part hereof and intending to be legally bound hereby the parties mutually stipulate and agree as follows: 1, Lee:al Custody. Mother and Father shall share legal custody of Andrew and Gregory, legal custody being defined as the right 10 make major decisions effecting the best .' interests of the children, including, but not limited to, medical, religious, moral and educational decisions, The parties agree to discuss and consult with another with a view toward adopting a harmonious policy calculated to promote 1he children's best interests. Each party shall have the right to be kept informed of the children's educational, social, moral and medical development. Each party shall be entitled to full and complete records and information concerning the children from any doc10r, dentis1, teacher, 1reatment ins1itution or similar authority and to have copies of any reports, notices or other communications given to either parent. Each party shall notify the other of any matter relating to the children which could reasonably be expected to be of significant concern to the other, Day to day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody ofthe children at the time of any emergency shall have the right to make any immediate decisions necessitated thereby but shall inform the other parent of the emergency and consult with him or her as soon as possible, 2, Physical Custody, a. Majority Physical Custodv. Mother shall have majority physical custody of Andrew and Gregory, b, Partial Physical Custodv. Father shall have liberal rights of partial physical custody with Andrew and Gregory as the parties agree. 3, DisDaral!inl! Remarks. The parties shall refrain from making any disparaging or negative remarks with regard to the other directly to the children or in the presence of the children and to the extent possible, shall prevent third parties from doing so. ~ . . ..-.... 4, Telenhone/Address. Each party shall keep the other apprised of his /her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the children while the children are in the custody and control of the other party. 5, Entry of Court Order, The parties agree that the terms and provisions of this Stipulation shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year first written above. WITNESS JJJIJ~ ~. ~J DENISE E. BISHOP cf!:!J!.([4 WITNESS c:> ~ ~ <::> c: $ -~ ~ft_ <- ~?:; I fl' c: -7'-'" ::z: t,';.' , ~C? ;:..c.; '" r;;::G -U :r.q, )>'C:; ~ ~~ bC..! );>c: <f! S\ -r ~ N =ii C1l :...:; . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DENISE E. BISHOP, Plaintiff v, ) ) ) ) ) ) ) NO, 200S-2266 CIVIL TERM CHARLES 1. BISHOP, Defendant CIVIL ACTION - LAW IN DIVORCE ,/ COMPLAINT FOR CUSTODY AND NOW, Plaintiff Denise E, Bishop, by and through her attorney, Howett, Kissinger, Conley & Holst, P,C., files a Complaint for Custody against Defendant, Charles 1. Bishop, and in support thereof, avers the following: 1, Plaintiff is Denise E. Bishop ("Mother"), who currently resides at 1806 Brandt A venue, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Defendant is Charles 1. Bishop ("Father"), who currently resides at 609 Thrush Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff seeks custody of the following children: Names Present Address Date of Birth Andrew D. Bishop 1806 Brandt Avenue New Cumberland, P A 17070 4/10/97 Gregory A. Bishop 1806 Brandt Avenue New Cumberland, P A 17070 12/29/99 The children were not born out of wedlock. The children are presently in the custody of Mother who currently resides at 1806 Brandt A venue, New Cumberland, Pennsylvania, 17070, During the past five years, the children resided with the following persons and at the following address: Persons Addresses Dates Mother 1806 Brandt Avenue New Cwnberland, P A 17070 March 21, 2004 to present Mother and Father 1806 Brandt Avenue New Cumberland, P A 17070 Prior to March 21, 2004 The mother of the children is Plaintiff Denise E, Bishop, who currently resides at 1806 Brandt Avenue, New Cwnberland, Cwnber1and County, Pennsylvania, 17070. She is married. The father of the children is Charles 1. Bishop, who currently resides at 609 Thrush Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050, He is married. 4. The relationship of Plaintiff to the children is that of Mother. Plaintiff currently resides with the following persons: Names Relationship Andrew D, Bishop Son Gregory A, Bishop Son 5, The relationship of Defendant to the children is that of Father. Defendant currently resides with the following person: Name Relationship Ally Eskin Girlfriend - 6. Plaintiff has 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. 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 children, 7. On May 17, 200S, the parties entered into a Stipulation for Entry of Agreed Upon Custody Order, a copy of which is attached hereto as Exhibit "A", WHEREFORE, Plaintiff Denise E, Bishop, respectfully requests that this Honorable Court enter an Order incorporating the parties' Stipulation for Entry of Agreed Upon Custody Order as an Order of this Court, Respectfully submitted, Date: If): q./f) 5 Cindy S, ConI , E quire , Howett, Kissinger, Conley & Ilolst, P,C, 130 Walnut Street, P.O, Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Denise E. Bishop VERIFICATION I, Denise E. Bishop, hereby swear and affirm that the facts contained in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C,S, S4904 relating to unsworn falsification to authorities. Date: 5f30/D5 I , D~"P fV~~~) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA DENISE E, BISHOP, Plaintiff v, ) ) ) ) ) ) ) NO, 2005-2266 CIVIL TERM CHARLES 1. BISHOP, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this day of , 2005, the attached Stipulation for Entry of Agreed Upon Custody Order entered into on May 17, 2005 by the parties in the above-captioned matter is hereby incorporated into and made an Order of this Court, BY THE COURT: ], EXHIBIT fA TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE E, BISHOP, Plaintiff v, ) ) ) ) ) ) ) NO. 2005-2266 CNIL TERM CHARLES L. BISHOP, Defendant CNIL ACTION - LAW TN DNORCE STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER THIS STIPULATION is made this l'"t t-+I day of (Yl,,-~ 2005, by and between Denise E, Bishop (hereinafter referred to as "Mother"), of Cumberland County, Pennsylvania and Charles L. Bishop (hereinafter referred to as "Father"), of Cumberland County, Pennsylvania, WHEREAS, the parties were married to each other on June 18, 1994 and have separated; WHEREAS, two children were born of the marriage namely, Andrew D. Bishop (hereinafter referred to as "Andrew"), born April 10, 1997 and Gregory A. Bishop (hereinafter referred to as "Gregory"), born December 29, 1999; WHEREAS, the parties are desirous of settling between them the implementation of custody arrangements which shall be entered as an Order of Court, without the necessity of court intervention. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference herein and deemed as an essential part hereof and intending to be legally bound hereby the parties mutually stipulate and agree as follows: 1. Lel!al Custody. Mother and Father shall share legal custody of Andrew and Gregory, legal custody being defined as the right to make major decisions effecting the best interests of the children, including, but not limited to, medical, religious, moral and educational decisions. The parties agree to discuss and consult with another with a view toward adopting a harmonious policy calculated to promote the children's best interests, Each party shall have the right to be kept informed of the children's educational, social, moral and medical development. Each party shall be entitled to full and complete records and information concerning the children from any doctor, dentist, teacher, treatment institution or similar authority and to have copies of any reports, notices or other communications given to either parent. Each party shall notify the other of any matter relating to the children which could reasonably be expected to be of significant concern to the other, Day to day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of the children at the time of any emergency shall have the right to make any immediate decisions necessitated thereby but shall inform the other parent of the emergency and consult with him or her as soon as possible. 2. Phvsicai Custody. a, Maloritv Phvsical Custody, Mother shall have majority physical custody of Andrew and Gregory, b, Partial Phvsical Custody, Father shall have liberal rights of partial physical custody with Andrew and Gregory as the parties agree. 3, DisDaral!iul! Remarks. The parties shall refrain from making any disparaging or negative remarks with regard to the other directly to the children or in the presence of the children and to the extent possible, shall prevent third parties from doing so, 4. Telephone/Address, Each party shall keep the other apprised ofhislher telephone number and address, Each party shall be entitled to reasonable telephone privileges with the children while the children are in the custody and control of the other party, 5, Entrv of Court Order, The parties agree that the terms and provisions of this Stipulation shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year first written above. JJIllW t' ~) DENISE E. BISHOP WITNESS ct!!~€~ WITNESS . "6<;l. (:J ~ AJ } - ~ 0 D - D ~ r- ...c::- O ~ D ~ ~ r- ~ c:> <;;; -"i:-Zj iz~ cr. ,~:, ?tj ",",:::: --, ~...l...,,":'. -:..( , .,,, ~. Yf Z ~ ~ ~ ~ ~ :r!-" c::: rt1p % -og:J I 6(,:, Cf'\ ~-4~ 1'] ~o ::s;: Zm ~ t:? ~t> IX) ~:Q U1 . . , RECEiVED JUN 07." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE E. BISHOP, Plaintiff v. ) ) ) ) ) ) ) NO. 2005-2266 CIVIL TERM CHARLES L. BISHOP, Defendant CIVIL ACTION - LA W IN DIVORCE ORDER OF COURT AND NOW, this I '3~ day of -Y ,2005, the attached Stipulation for Entry of Agreed Upon Custody Order entered into on May 17, 2005 by the parties in the above-captioned matter is hereby incorporated into and made an Order of this Court. J. Cl : I ~!d 81 fmf SOUZ AbV10NCi-U.Cdd 3Hl :10 3;)!3..:!O-Q311:l ".----_.~--- ~-,.~~---'._- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) NO. 2005-2266 CIVIL TERM DENISE E. BISHOP, Plaintiff CHARLES L. BISHOP, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDA VIr OF CONSENT 1. A complaint in divorce under g3301(c) of the Divorce Code was filed on May 3, 2005. 2. The marriage ofP1aintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3, I consent to the entry ofa final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(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 in do not claim 1hem 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 10 me immediately after it is filed with the prothonotary . I verifY that the statements made above are true and correct. I understand that false s1atements herein are made subjec1 to the penalties of 18 Pa.C,S. S4904 relating to unsworn (}id Charles L. Bishop, falsification to authorities. Date: g-/3 -tJ5 c:> r; <. "\)Z:,!.. !"I"! fi ~.. c.r; ~:C ?ff:: s;:c z ::.? ,.., = = c.ro "'" c:: c.-:> N N o -n ~Fl -o1'T1 ~llCJ 1:)6 ;:loT' 1S:!1 . (") '7rn ~ ~ po :JC C? r 0'\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, ) ) ) ) ) ) ) NO, 2005-2266 CIVIL TERM DENISE E. BISHOP, Plaintiff CHARLES L. BISHOP, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under 93301(c) of the Divorce Code was filed on May 3, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of1he complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention 10 request entry of the decree. W AlVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~330I(c) OF THE DIVORCE CODE 1. J 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 ifI do not claim 1hem before a divorce is granted. 3, I understand that I will not be divorced un1i1 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 1he prothonotary. I verify that the statements made above are true and correct. I understand tha1 false statemen1s herein are made subject to the penal1ies of 18 Pa.C.S, 94904 relating to unsworn falsification to authorities. Date: 'll/() /65 0i.;::~ --~\.. r-L'~-__ ;;., 'i~' ':p~ 3. ~ Q. <'2 <e- ~'::r:\ ~ f'~~ c:;, -0 (;', '0 ~ 0.' t"'" ~;~\ Yn''J ~ ~~f\ "'" q? <& s:- tY' <2- ~- --(')(; 0)\.:' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE E, BISHOP, Plaintiff v. ) ) ) ) ) ) ) NO. 2005-2266 CIVIL TERM CHARLES L. BISHOP, Defendant CIVIL ACTION - LAW 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 g3301(c) ofthe Divorce Code, 2, Date and manner of service of the complaint: Service accepted by Defendant Charles L. Bishop on May 12,2005; AcCep1ance of Service filed on May 17,2005, 3, Date of execution of the affidavit of consent required by g3301(c) of the Divorce Code: by plaintiff, August 12, 2005; by defendant, August 13,2005. 4. Related claims pending: No related claims pending. 5. Date plaintiffs Waiver of Notice in g3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in g3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: .>? --t 'l- ~ <) ... Cin y S. Co ey, quire ( Howett, Kissing ,Conley & olst, P.C, 130 Walnut Street, P, 0, Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Denise E, Bishop ~ '.'" -'""{j\:;) [\"'. '-,' " ,~..t ~..;,::' 'fL,\"- .,,~<" ' ~:1""~-::' ~<,.j yC::: 3. ~ 'f}. ~ (;"> ~ ~ cf! ,;- _\ ~ --" ~:Q _0'11::- -oq ~),L , ~;;:;.. -1', J-~:D qC) ,~ ff\ \3- ';?,:, .~ . . .. . . ~ ~ ~ ~ ~ ~ ~ ~ . .. . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . PENNA. . . . . . . STATE OF . . . . . . DENISE E. BISHOP, . 2005-2266 CIVIL TERM No. . . . . P1ain1iff . . VERSUS . . CHARLES L. BISHOP, . . . . . . . . Defendan1 . . . . . . DECREE IN DIVORCE ~g:'~A./l. . . . . . . . . . . . . . . ,.(' . , 2005 ,IT IS ORDERED AND . . . AND NOW, ~ . . DENISE E. BISHOP . DECREED THAT , PLAI NTI FF, . . . . . CHARLES L. BISHOP , DEFENDANT, AND . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . PROTHONOTARY . . . J. . . . . . . . . . . .~ f ~-~ 5/-0[-;3> ~ P 'l' /IlP,.w ,w,y-;:'?J 5,,~f-b . 111 ...;~: ,; c . . " .....:. '.... ,-.