The URL can be used to link to this page

Home My WebLink About05-3464 KEVIN M, WOODWARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v, : NO. 05- 3,/(.,/ CIVIL TERM GRETCHEN A WOODWARD, Defendant : 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, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriag<' counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE. CARLISLE. PENNSYLVANIA 17013 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 LA WYER 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 tt~a~f /: ~ Wayne E. Shade, Esquire Supreme Court No, 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 05- 3 '1& '/ CIVIL TERM KEVINM, WOODWARD, Plaintiff GRETCHEN A WOODWARD, Defendant : IN DIVORCE COMPLAINT COUNT I DIVORCE L Plaintiff in this Action in Divorce is KEVIN M. WOODWARD, an adult individual who resides at 1575 Webster Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is GRETCHEN A. WOODWARD, an adult individual who resides at 36 Winchester Drive, Carlisle, Cumberland County, Pennsylvania 17013, 3. Defendant has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce, 4. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Plaintiff and Defendant were lawfully joined in marriage on May 8, 2004, in Cumberland County, Pennsylvania. WAYNE F. SHADE Attorney at Law 53 West Pomfrel Street Carlisle, Pennsylvania 17013 5. The parties have been living separate and apart since on or about July 1, 2004. 6, Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken, In the alternative, Plaintiff avers as the grounds on which this action is based that Defendant has committed willful and malicious desertion, absence from the habitation of the injured and innocent spouse, without reasonable cause, since on or about July 1, 2004. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8, This Action in Divorce is not collusive, 9, Both parties to this Action in Divorce are legally capable of managing their own concerns. 10, Defendant herein is not a member of the armed forces of the United States of America, -2- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 II. There was one child born to the parties, namely, Aidan Matthew Woodward, born January 1,2003. 12, Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. COUNT II CUSTODY 13, The averments of Paragraphs I through 12 inclusive above are incorporated herein by reference as though fully set forth, 14, Plaintiff seeks cllstody of Aidan Matthew Woodward, born January 1,2003. IS, The child was born to the parties hereto out of wedlock, but the parties hereto were married on May 8, 2004, and continue to be married as of the date of this Complaint. -3- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 16. From the date of birth of the child through July of 2004, the parties lived together with the child, From July of2004, the parties have been separated but have observed a de facto shared custody an'angement through June of 2005 when the mother began denying the father's access to the child. 17, The relationship of Plaintiff to the child is that of the father, 18. The relationship of Defendant to the child is that of the mother, and she currently resides alone. 19. 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, 20, Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth, -4- WAYNE F. SHADE Attorney at Law 53 West Pomtret Street Carlisle, Pennsylvania 17013 21. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 22. The best interests and general welfare ofthe child will be served by granting the relief requested for the reason that the father has greater respect for the mother's parental rights than the mother has for the father's parental rights. WHEREFORE, Plaintiff demands judgment awarding custody of the child to Plaintiff t(/~ ~ Wayne F, hade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff -5- I verifY that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 94904 relating to unsworn falsification to authorities, Date: July 7, 2005 ~~~v WAYNE F. SHADE Anomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 rr ~ "- !L 11 "- " " 0 "" ~ " N " III '" ~ "- v ~ 9 d B -- t r 1 () ,.., = 0 C c::=> -n c.n <- :r c:: r'-' rn~ I -om ::)0 ~ co 0,", --.\ "'" ~c'-rj (-) ::D () ::;:: 00 Z::rn C:~ '? c' L: --, :.;!. c...:> ~lj W '< KEVIN M. WOODWARD PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-3464 CIVIL ACTION LAW GRETCHEN A. WOODWARD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 13, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, Au~ust 19, 2005 , the conciliator, at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. Tbe court bereby directs the parties to furnisb any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to tbe conciliator 48 bours prior to scbeduled hearin~. FOR THE COURT, By: /s/ Hubert X Gilrov, Esq. Custody Conciliator ~ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals baving 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,~~# ~~~ JO.['j'C . ~ :7 "'W~"'" ~ 50- D'L ~p ~ -1J'??""~ -;n; 5(7'[:I'L.II IfINV/ilASNtrJd I " I""~" ...., ~... - " NI\' 1'1 - ",.\.r:.:-"'*'(I""'I""\ . ,I "~,,..,"i' 'f':' _,,~,J~, \r Iv I S :2 t.ld S I lor SDOZ AtiV10,\IO,ilO::id 3Hl :10 3::JIJ~O-(J31I:l , WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania ]70]] KEVIN M, WOODWARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v, : NO, 05-3464 CIVIL TERM GRETCHEN A, WOODWARD, Defendant : IN DIVORCE STlPULATION FOR CHILD CUSTODY AND NOW, this stJa day of ~: ,2005, come Plaintiff KEVIN M, WOODWARD and Defendant GRETCHEN A WOODWARD, by and through their respective attorneys, Wayne F. Shade, Esquire, and Cindy S. Conley, Esquire, of Howett, Kissinger, Conley & Holst, P,c., and with regard to custody of their minor child, Aidan Matthew Woodward, born January 1,2003, stipulate and agree, as follows: L Custody of said child shall be as set forth in tht: foregoing Order of Court. 2, Should either party at anytime in the future petition the Court for a modification of this Order, it shall not be necessary for the party to show a change in circumstances; and all relevant facts and circumstances shall be subject to judicial review and not only those existing subsequently to the entry of this Order, . . WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 3, It is the desire and intention of the parties hereto that this Stipulation for Child Custody be entered in the Court of Common Pleas of Cumberland County, Pennsylvania, and that it be endorsed as an Order of Court so as to have the full effect thereof HOWEn, KISSINGER, CONLEY & HOLST, P .C, tV'~ E~ Wayn ,Shade, EsqUIre Attorney for Plaintiff ~ By: Cindy S. Conley, squire Attorneys for fendant I verifY that the statements made in the foregoing Stipulation are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa, CS. ~4904, relating to unsworn falsification to authoritil~s, Date: 2- 30 -oJ:: ;f;/(~v~~ Kevin M, Woodward I verifY that the statements made in the foregoing Stipulation are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, CS. ~4904, relating to unsworn falsification to authorities, Date: S/3D} 05 yl li~ {j 7j~~~/ Gretchen A. Woodward -2- n "', r- = 0 ~~,~ C;:' ~",'1 --rl (/) -.... t..;" fri :1J ~"v ,- 1 I'"r" N ~j C) ..,.., c,) ~.) ?;~ -I .- ..,'~'J ~.G N -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN M. WOODWARD, ) Plaintiffi'Respondent ) ) ) ) ) ) NO. 05-3464 CIVIL TERM v. GRETCHEN A. WOODWARD, Defendant/Petitioner CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Cindy S. Conley, Esquire, accept service of the Complaint in Divorce on behalf of Gretchen A Woodward, Defendant in the above-captioned action, and certify that I am authorized to do so. Date: t:Z9' V 4 ;;2005- ~/~ Cindy S, ConI , Esquire HOWETT, K SINGER, CONLE 130 Walnut Street P.O, Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant Gretchen A Woodward (") ;.~~ i"- "'" = = "" (/) C::. I N ~, ~~ "Tl =;:! nl(lJ :fj(l3 --. , '~:,;t~) ,J' ::::;;~~ .__.J ::> ::j'J .< =~-: (..."1 J;:"' jECEIVED SEP 06 Z005 KEVIN M. WOODWARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v NO.OS-3464 CIVIL ACTION - LAW GRETCHEN A. WOODWARD, Defendant : IN CUSTODY COURT ORDER AND NOW, this ?,,) day of September, 2005, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. H"~~ Custody Conciliator I '1 .el' I "l ' 'Li ~,(,_ L - dJS seaz WAYNE F. SHADE Altomeyat Law 53 West Pomfrel Street Carlisle, Pennsylvania \7013 .:1RECEIVEO SEP 072005 KEVIN M. WOODWARD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LA W v, : NO. 05-3464 CIVIL TERM GRETCHEN A WOODWARD, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 7fL day of ~(' pt. ,2005, Plaintiff KEVIN M WOODWARD and Defendant GRETCHEN A, WOODWARD, represented by their independently selected private counsel, respectively, Wayne F. Shade, Esquire, and Cindy S, Conley, Esquire, ofHowett, Kissinger, Conley & Holst, P.c., and having stipulated and agreed with regard to custody of their minor child, Aidan Matthew Woodward, born January I, 2003, it is hereby ordered and decreed, as follows: L Shared legal custody of said child as contemplated by 23 Pa,C.S, ~5302 will be in both of the parties hereto as the natural parents. 2, Primary physical custody of said child shall be in the mother, subject to the following periods of partial physical custody with the father: (a) Alternate weekends from Friday at 4:00 P.M. through Sunday at 4:00 P.M., commencing August 5, 2005, with the understanding that the parties hope to be able to be flexible on exchange times; At ZS ::;, U -j G! suu~ ~ln -,~ WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (b) After the father has relocated from his mother's home to his own apartment in Boiling Springs, from 4 :00 P .M, on the Monday following the father's custody weekend through the next morning at 6:30 AM.; (c) Every Wednesday from 4:00 P,M. through 6:30 AM, the next morning; (d) All other Mondays, Tuesdays, Thursdays and Fridays, which are not holidays, vacation days or othernise specified hereinafter, from 4:00 P.M. through 5:00 P.M,; (e) Fourteen (14'1 days' summer vacation custody, to be taken either separately or consecutively to a maximum of seven (7) consecutive days until the child attains the age of seven (7) years, upon thirty (30) days' notice in writing from the partial custodian to the primary custodian; pro\ided, nevertheless, that the primary custodian may reserve any fourteen (14) days, to b.;: taken either separately or consecutively to a maximum of seven (7) consecutive days until the child attains the age of seven (7) years, upon providing forty-five (45) days' notice in writing to the partial custodian with such vacation time in the primary custodian to take precedence over any summer vacation custody not previously requested by the partial custodian; (f) Alternating division of Christmas Day with the mother to have the child from 4:00 P,M, on Christmas Eve through noon on Christmas Day in 2005, and from noon on Christmas Day through 4:00 P.M. on December 26 in 2006, and so on alternating each year thereafter, It is the parties' intent that, until such time as the child no longer believes -2- WAYNEF.SHADE Attorney al Law 53 West Pomfret Street Carlisle, Pennsylvania 170]3 in Santa Clause, the non-custodial parent shall be invited to the custodial parent's home on Christmas morning to observe the child's opening his Christmas presents and then shall be entitled to take the child to his or her home for a few hours to open Christmas presents at his or her home; (g) Alternate division of New Year's Day, which is also the birthday of the child, with the father to have the child from noon on New Year's Day in 2006 through 4:00 PM. on January 2, 2006, and from December 31,2006, at 4:00 P.M, through noon on New Year's Day in 2007, and so on alternating each year thereafter. The parties will alternate which of them holds the child's birthday party from year to year, The father will be responsible for holding the birthday party in his home on January 1,2006, The other parent and the other parent's family members will be invited to the child's birthday party; (h) The mother shall have physical custody of the child from 9:00 AM, through 8:00 P,M, on Mother's Day; and the father shall have partial physical custody of the child from 9:00 AM. through 8:00 P.M. on Father's Day; (i) Such other holidays and other periods of partial physical custody as the parties may from time to time agree; U) Transfer of custody shall be at the home of the party who is surrendering custody with the party who is receiving custody to be responsible for transportation of the child; On week days, including Fridays that the father has custody, the father will obtain -3- ; WAYNE F. SHADE Attorney at Law 53 West Pomfrel Street Carlisle, Pennsylvania 17013 the child directly from the babysitter. On week days when the father surrenders custody in the mornings, he will deliver the child to the babysitter. When the father surrenders custody on Sundays, he will deliver the child to the residence of the mother. All other custody transportation shall be the responsibility of the mother. (k) Each party will provide the other party with the names of each and every person residing with him or her and the name of each and every person providing care for the child while the child is in his or her custody including girlfriends and boyfriends; (I) Neither party will smoke in enclosed places in the presence of the child and, to the extent possible, shall prohibit other persons from smoking in enclosed places in the presence of the child; (m) Neither party will drink alcoholic beverages to the point of intoxication in the presence of the child and, to the extent possible, shall prohibit other persons from doing so in the presence of the child; (n) Neither party shall use illegal drugs in the presence of the child and, to the extent possible, shall prohibit other persons from using illegal drugs in the presence of the child; and -4- : (0) Both parties shall abide by the recommendations of the child's physicians in the absence of a contrary recommendation from another licensed physician. By the Court, t1J'-4' J. ayne F. Shade, Esquire Attorney for Plaintiff indy S. Conley, Esquire Howett, Kissinger, Conley & Holst, P.C Attorneys for Defendant I}. , rP {)q.l..J WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania ]70]] -5- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 KEVIN M. WOODWARD, Plaintiff v. GRETCHEN A. WOODWARD, Defendant TO: Curtis R. Long, Prothonotary : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO. 05-3464 CIVIL TERM : IN DIVORCE PRAECIPE Please mark the docket in the above matter discontinued without claim for costs by Plaintiff Date: February 3, 2006 tu~E~ Wayne . Shade Attorney for Plaintiff () ..., C ,"::::J C' <'"'" < C;~-.. -" f-;: .." -l !' Pi rT,-:2' o:l r- I ......,..-, f1"~ W =-9Y ..-, ,~.) -0 3.: )-,:::..' .( '. , , -,.::, '" j; -.l .-<