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HomeMy WebLinkAbout01-5227HIGHLANDS, Michael K., Plaintiff V. HIGHLANDS, Tracey R., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- ~-C~c~'7 ~'~; ~ i I : CIVIL ACTION - DIVORCE NOTICE TO DEFEND 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 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 grounds for the divorce are indignities or irretrievably breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, (717) 240-6195. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAVVYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLIAM 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 Lawyer Referral Service 4 Liberty Avenue Carlisle, PA 17013 717-249-3166 HIGHLANDS, Michael K., Plaintiff V. HIGHLANDS, Tracey R., Defendant : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001- 5o~7 · CIVIL ACTION - DIVORCE COMPLAINT IN DIVORCE AND NOW HERECOMES, Michael K. Highlands the Plaintiff, by and through his attorney, Lisa M. Greason, Esquire and respectfully represents: 1. Plaintiff is Michael K. Highlands, an adult individual who currently resides at 331 Burgners Rd. Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Tracey R. Highlands, an adult individual who currently resides at P.O. Box 476 Shirmansdale, Perry County, Pennsylvania. 3. Plaintiff and Defendant are sui juris, and both have been bona tide residents of the Commonwealth of Pennsylvania for a pedod of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on August 7, 1987 in Newville, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or navel service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 and its amendments. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the dght to request the parties to participate in counseling. COUNT I - DIVORCE 8. The causes of action and sections of the Domestic Relations Code under which Plaintiff is proceeding are Section 3301(c). 9. The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff believes that 10. Plaintiff intends to file an Affidavit consenting to a divorce. Defendant may also file such an Affidavit. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNTII-CUSTODY 11. Plaintiff seeks legal and physical custody, with visitation dghts to the defendant at times to be agreed upon by the parties, in regard to the following children: i Michael Ryan; now residing at 331 Burgners Rd. Carlisle, Pennsylvania; age 9 iAmber Jean Marie; now residing at 331 Burghers Rd. Carlisle, Pennsylvania; age 11 12. The children are presently in the custody of the Plaintiff, Michael K. Highlands, who is the father of the children and resides at 331 Burgners Rd. Carlisle Pennsylvania. 13. Plaintiff's mother, Verna Highlands, also currently resides with Plaintiff. 14. During the past five years, the children have resided with the following persons and at the following addresses: Sue Mohler; 9515 Muddy Run Rd. Orrstown, Pennsylvania; August 1996 - June 2000 Michael K. Highlands; 331 Burgners Rd. Carlisle, Pennsylvania; June 2000 - Present 15. The mother of the children is Tracey Highlands, with a current mailing address of P.O. 476 Shirmansdale, Pennsylvania. 16. 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. 17. Plaintiff does not know of a person not a party to the proceedings who claims to have custody or visitation rights with respect to the children. 18. The best interest and permanent welfare of the children will be served by the relief requested. 19. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant legal and physical custody of the children to Plaintiff, with visitation rights to the defendant at times to be agreed upon by the parties. Respectfully Submitted, GREASON LAW OFFICE Date Esquire Attorne/y for~he Plaintiff 155 S. Hanover Street Carlisle, PA 17013 (717) 241-3030 ID #78269 VERIFICATION 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. §4904 relating to unsworn falsification to authorities. iDate MICHAEL K. HIGHLANDS/ - 255 Soutli .q(anaver Street · car£isFe, · 717'241-3030 HIGHLANDS, Michael K., Plaintiff V. · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2001- · CIVIL ACTION - DIVORCE HIGHLANDS, Tracey R., Defendant AFFIDAVIT OF SERVICE BY MAIL I, Lisa M. Greason, Esquire, being duly sworn according to law, deposes and says that I mailed a copy of the Complaint in Divorce filed in this matter by certified registered mail, return receipt requested, addressee only, to the Defendant at P.O. Box 476 Shirmansdale, PA 17090, on the ~,~(d day of ~'~/~- ,2001. The return receipt signed by the Defendant is evidence of 'delivery to her and is attached hereto as Exhibit "A". Date 155 S. Hanover'Street Carlisle, PA 17013 (717) 241-3030 ID #78269 · Complete iterrm 1.2, and 3. Also complete item 4 if Re~ Deav~ is de~lred. · Print your rmme and addre~ on the reveme so thet we can tatum the card to you. · Attach this card to the back of the rnallple~e, or on the front if space permits. Michael K. Highlands, Petitioner VS. Tracey R. Highlands, Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5227 Civil Term Civil Action - Law PETITION FOR ENTRY OF AGREEMENT AND NOW HERECOMES the Petitioner, by and through his attorney, Lisa M. Greason, Esquire, and respectfully represents: 1. Petitioner is Michael K. Highlands, who resides at 331 Burgners Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Tracey R. Highlands, who resides at 5400 Spring Road, Shermans Dale, Perry County, Pennsylvania. 3. The parties are the natural parents of Michael Ryan Highlands, age 10, and Amber Jean Marie Highlands, age 12. 4. On July 22, 2002, the parties into an Agreement regarding custody of the Children, which is attached hereto and incorporated herein as Exhibit "A". 5. The best interest of the children will be served by the Court's entering said Custody Stipulation and Agreement as an Order of Court. WHEREFORE, Petitioner requests this Court to approve the foregoing Agreement and make it an Order of Court. Respectfully submitted, GREASON LAW OFFICE Date: "~v~:~)'- 6 2-' ~ ~r e 50 East I-h"gh 8tr'~t Carlisle, PA 17013 (717) 241-3030 Supreme Court I.D. No. 78269 Michael K. Highlands, Plaintiff VS. Tracey R. Highlands, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5227 Civil Term Civil Action - Law .,STIPULATION AND AGREEMENT FOR CUSTODY This Stipulation and Agreement for Custody (this "Agreement"), by and between MICHAEL K. HIGHLANDS, an adult individual, residing at 331 Burghers Road, Carlisle, Cumberland County, Pennsylvania (hereinafter "Father") and TRACEY R. HIGHLANDS, an adult individual, residing at 5400 Spdng Road, Apartment 1, Shermans Dale, Perry County, Pennsylvania (hereinafter "Mother") hereby stipulate and agree as follows: WHEREAS, Mother and Father are the natural parents of minor children, MICHAEL RYAN HIGHLANDS and AMBER JEAN MARIE HIGHLANDS; and WHEREAS, out of mutual love and affection for Michael Ryan Highlands and Amber Jean Marie Highlands, Mother and Father desire to enter into an agreement to define all matters relating to custody of Michael Ryan Highlands and Amber Jean Marie Highlands; and WHEREAS, Pennsylvania Rules of Civil Procedure No. 1915.7 and Local Rule of Civil Procedure No. 1915.7-1, provide that: If an agreement for custody is reached and the parties desire a Consent order to be entered, they shall note their agreement upon the record or shall submit to the Court a proposed order beadng the written consent of the parties, or their counsel; and WHEREAS, Mother and Father desire to have this Agreement entered on the record as an Order of the Cumberland County Court of Common Pleas. NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements of the parties, and intending to be legally bound thereby, Mother and Father agree as follows: Father shall have primary legal custody and primary physical custody of the children. Mother shall have periods of partial physical custody as the parties may agree. --Mother and Father will communicate and cooperate in all matters concerning the children's health, education and general welfare. 3. The parties agree that neither will disparage the other parent in the presence of the children. 4. During each party's period of physical custody, said party will allow reasonable telephone contact between the children and the non-custodial parent. 5. This Agreement contains the entire agreement of the parties. Any pdor or contemporaneous agreements, understandings, practices, or memoranda are merged with this document and are null, void and of no effect whatsoever. 6. The parties acknowledge that in making this Agreement there has been no fraud, duress, concealment, coercion or unfair dealing on their part or on the part of the other party. The parties further acknowledge that they have the opportunity to confer with counsel of their choosing, that they have read and understand each and every provision of this Agreement, and that they are entering into this Agreement willingly, knowingly and of their own voluntary act. Both parties represent, covenant and warrant to the other that, absent a significant and substantial change in circumstances, neither party will file or cause to be filed a Petition for Modification of this Agreement or Order. IN WITNESS WHEREFOF, the parties, intending to be legally bound hereby, have set their hands and seal this ~'~ day of (~.t.~. ,2002. HIGHLANDS, MICHAEL K. Plaintiff HIGHLANDS, TRACEY R. Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2001-5227 · CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was iled on September 5, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree to 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. § 4904, relating to unsworn falsification to authorities. Date: L T~'~o~-Y~_~ I~i~lhlands, Defendant HIGHLANDS, MICHAEL K. Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2001-5227 HIGHLANDS, TRACEY R. Defendant · CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO RECIUEST ENTRY OF A DIVORCE DECREF UNDER § 3301C OF THE DIVORCE CODF 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 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. § 4904, relating to unsworn falsification to authorities. Date: ~'- 2..~- 0 2._ /rac~__~. Highlands, Defendant HIGHLANDS, MICHAEL K. Plaintiff HIGHLANDS, TRACEY R. Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVAI~ · NO. 2001-5227 · CIVIL ACTION - DIVORCE ..WAIVER OF NOTICE OF INTENTIO,~.' ,TO REQUEST ENTRY OF A DIVORCE DECREI- _UNDER 6 3301C OF THE DIVORCE COD,~ 1. I consent to ~.he entry of a final decreo 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. § 4904, relating to unsworn falsification to authorities. Date: chael K Highlam~, Plaintiff HIGHLANDS, MICHAEL K. Plaintiff Mo HIGHLANDS, TRACEY R. Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2001-5227 · CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301c of the Divorce Code was filed on September 5, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree to 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. § 4904, relating to unsworn falsification to authorities. Date: Michael K. Highl~ncj~, P'~a~nt~ff--- Michael K. Highlands, Plaintiff V. Tracey R. Highlands, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-5227 Civil Term Civil Action - Law PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: Irretrievable Breakdown under Section 3303(c), 3301(d)(1) of the Divorce Code. (Strike out inapplicable section.) Date and manner of service of the Complaint: Served September 5, 2001 by certified registered mail, return receipt requested, to addressee only. The Plaintiffexecuted the Affidavit of Consent on May 28, 2002; the Defendant executed the Affidavit of Consent on May 21, 2002. There are no related claims pending. The Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary on June 4, 2002. The Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary on June 4, 2002. Respectfully submitted, 50 East High Street Carlisle, PA 17013 (717) 241-3030 Supreme Court I.D. No. 78269 MICHAEL K. HIGHLANDS, INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. PLAINTIFF VERSUS TRACEY R. HIGHLANDS, DEFENDANT N o. 5227 - 01 DECREE iN DIVORCE AND NOW,. ~_~K = DECREED THAT MICHAEL K. HIGHLANDS AND TRACEY R. HIGHLANDS ARE DIVORCED FROM THE BONDS OF MATRIMONY. , ~:3~-, IT iS ORDERED AND , 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; BY THE COURT: J C)NOTARY