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HomeMy WebLinkAbout05-3482 KRISTIN E. WORLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. oS. 3 'I (:l.. Civil Term DAVID T. WORLEY, Defendant : ACTION 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 KRISTIN E. WORLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. O.<)-3'i'i'L Civil Term DAVID T. WORLEY, Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Kristin E. Worley, a competent adult individual, who has resided at 127 E. Springville Road, Boiling Springs, Cumberland County, Pennsylvania, 17007 since 1997. 2. Defendant is David T. Worley, a competent adult individual, who resides at 114 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on November 19, 1993 in Fairfield, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have one child together, namely Dillon Thomas Worley, date of birth, November 2, 1992. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce. COUNT II - CUSTODY 11. Items I - 10 are herein incorporated by reference. 12. The parties are the natural parents of DilIon Thomas Worley, date of birth November 2,1992. 13. Plaintiff has filed a custody petition under the above-captioned docket number. WHEREFORE, Plaintiff is requesting this Honorable Court to enter a custody order regarding the minor child. Respectfully submitted, Date: ). /1, 0 s J e Adams, Esquire .D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 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. 94904 relating to unsworn falsification to authorities. 7", - Date:' . f5 . 0 ~ ~ ~ ~ <>(l o .... '" <- ..... \r -S ~ " l' Iv ., .- "- "- .-:, ~ .... ~ ~ ~ c;., c\ -- t r.;) { , f 0 "" c:; c.::;, 0 C;::) c.n -n n <- ~ f C r'- hlp d JJE9 r,,:) (2... __------/ ..1 , ~ ~?~~ ('- :.t!: c: i'5 c3rr1 :~: ~~ =< en OJ -< KRISTIN E. WORLEY, Plaintiff vs. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. os- 3 'IlL Civil Term DAVID T. WORLEY, Defendant : ACTION IN DIVORCE CUSTODY COMPLAINT 1. Plaintiff is Kristin E. Worley, who currently resides at 127 E. Springville Road, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Defendant is David T. Worley, who currently resides at 114 Winchester Garden Apts, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff is the mother of the following child and seeks custody of the following child: NAME DOBJAGE Dillon Thomas Worley ADDRESS November 2, 1992 (12) 127 E. Springville Rd. Boiling Springs, Pa. 17007 Mother and Father married on November 19, 1993. Mother currently has primary physical custody of the child. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Kristin E. Worley 127 E. Springville Rd. 5/10/05 _ present. Boiling Springs, Pa. 17007 Kristin E. Worley David T. Worley 127 E. Springville Rd. 2000 _ 5/10105 Boiling Springs, Pa. 17007 The mother of the child is Kristin E. Worley, and she currently resides at 127 E. Springville Rd., Boiling Springs, Pa. 17007. She is married to David T. Worley. The father the children is David T. Worley, and he currently resides at 114 Winchester Garden Apts, Carlisle, Cumberland County, Pennsylvania, 17013. He is married to Kristin E. Worley. 4. The relationship of plaintiff to the children is that of Mother. The persons that the Plaintiff currently resides with are: the child. 5. The relationship of defendant to the child is that of Father. The persons that the Defendant currently resides with are unknown. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another 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 party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The arties se arated on Ma 10 2005. Since that time mother has maintained rim custod. Mother has been the rim caretaker of the child and she feels that it is in the best interest of the child to enter a custod order which would confirm the current arranllement. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as Parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the child. D"" 7/rr/os - )aii.e LD o. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 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. 94904 relating to unsworn falsification to authorities. Date: ') /t/ ~- ~ CZwcOA1u~ Kri tin E. Worley, PlamtIffJ (") ....., 0 = c:; = -n <on -::J ,.,:--. L. .--j f"rt c: ::1: ,., ,.' nlr -0 r;~ 1:/ :.0 X' ". ~:-J(.) -.:~. ~ ~;:i ~lJ <. c:~' .i: - ",-,\ ill ( - >~:'t :OJ ...,,,. D :'1J -, -< KRISTIN E. WORLEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-3482 CIVIL ACTION LAW DAVID T. WORLEY 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 Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 02, 2005 at 9:30 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. The court hereby directs the parties to furnish any and all existing ]'rotection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Jacqueline M. Vemey, Esq. Custody Conciliator .Y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR A TTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .-p~~:~ '2''{/ J ~u, Stl-r;'L .~~~~ .50'i:/,t.. ~ -P ~ ~ ~~ 5r?c/.L. , "., "''''"lln~atp-l r/;l\~ 'Ji\ i ';':'1 ':1 \.,)1, , , -.' '-co, ""'''no lJ.',lnr'" , 'I. "'7/" I 1'",'.," ' r, € :l I'!d 81 lnr SOOl AbV10)".iOHJ.OlJd 3Hl :10 3J:~_~Cl-1J3l!~ KRISTIN E. WORLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 3482 Civil Term DAVID T. WORLEY, Defendant ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this July 26, 2005, I, Jane Adams, Esquire, hereby certifY that on July 18,2005, a certified true copy of the NOTICE TO DEFEND, COMPLAINT IN DIVORCE, and CUSTODY COMPLAINT was served, via certified mail, restricted delivery, return receipt requested, addressed to: David T. Worley 114 Winchester Garden Apts.. Carlisle, Pa. 17013 DEFENDANT . Complete ttems 1, 2, end 3. Also co ttem 4 II Restrtcted Delivery Is dO" M . PrInt your name end address on th ~.....~ so that we can return the card to . Attach this card to the back of the or on the front ~ space permits. 1. Article AddI'8SS8d to: OttIJid. T Wl?l'lei II '-l Wir\.Jesk('~w-de1l .4,ris. CaV'hsle, PA II(DI3 3. _Type III Cert1fled Mall o Registered 0__ o Expraas Mall o Return Receipt for Merchandise C C o.D. ,;,J" ---............ 2. Article Number (rf8flSf8rfrom_klbeIJ PS Form 3811, February 2004 7005 0390 ODD3 2b35 3b86 Dcmeollc RoO.m Rooolpt 1Q2595.()2-M-154C) i , spectfullY()j~ Adams, Esquire 1. . No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF o C:;;;. --(j'<,-'. r'I"\\" -/ J.-:: '~~~~-~ r-' '3& 0' 'e ?' ~ /-::;; l) ~)?c:.... ';? :2- ~, '>fI -:::?<: ('('1 ..n (0, -,~.)(< '\i~[~~:, ,;~<t <,..)\" .:A -J~ '."'- ~. ,;.... ..-' .- ~ - ~ RECEIVED SEP 202005 ) KRISTIN E. WORLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-3482 CIVIL TERM : CIVIL ACTION - LAW DAVID T. WORLEY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ;t ~ day of ~ ,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Kristin E. Worley, and the Father, David T. Worley shall have shared legal custody of Dillon Thomas Worley, born November 12, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Mother shall have primary physical custody of the Child. 3. follows: Father shall have periods of partial physical custody of the Child as a. Three evenings per week at Father's discretion, from after work to 8:00 p.m. b. Beginning October 1,2005, alternating weekends from Friday from after work to Sunday at 8:00 p.m. c. Such other times as the parties agree. 4. Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day. 5. Mother shall have physical custody of the child on Thanksgiving from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the child on Thanksgiving from 5:00 p.m. to Friday at 8:00 p.m. 6. Christmas shall be divided into two Blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall always have Block A and Father shall always have Block B. 7. Memorial Day, July 4th and Labor Day shall be alternated with Father having Memorial Day in 2006. In the event that Father's weekend coincides with one of these holidays, Father shall have physical custody from Friday to Monday at 8:00 p.m. 8. Each party shall have three consecutive or non-consecutive weeks in the summer provided they give the other party 30 days prior notice. 9. Father shall be responsible for all transportation, unless otherwise agreed by the parties. 10. Neither parent may do or say, nor permit a third party to do or say anything that may estrange the child 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. 11. Neither party may remove the child from the jurisdiction without providing a telephone number and address where the child may be located. 12. N either party may relocate from the jurisdiction without further Order of Court. 13. This Order was entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. cc~e Adams, Esquire - Counsel for Mother vl"avid T. Worley, pro se 114 Winchester Garden Apartments . . sY ~ C~Ii,Je,PAI7013 {~~ SX.r o -. . Vit<',l/\lAs:\:r<ld IJ.." ',~~" .-..,;..,,,,,, f'l\l,!',r ... -::."rlllv II : I Hd 92 d3S ~DOl }.,l:l\'lC:.j()i ilOi:Jd 3Hl :10 3JI:I::O:G311:J KRISTIN E. WORLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-3482 CIVIL TERM : CIVIL ACTION - LAW DAVID T. WORLEY, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dillon Thomas Worley November 12,1992 Mother 2. A Conciliation Conference was held in this matter on September 20, 2005. Present at the conference were: Mother, Kristin E. Worley, with her counsel, Jane Adams, Esquire and Father, David T. Worley, pro se. 3. The parties agreed to an Order in the form attached. q -:Au 'u~ Date ~ Q~-tl~/ acq ine M. Verney, Esquire 11 Custody Conciliator KRISTIN E. WORLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 3482 Civil Term DAVIDT. WORLEY, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on July 11,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a fmal 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: /1/8/0 S-- QJ7/~ David T. Worley,-Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 6330Ilc) AND 6330Ild) OF THE DIVORCE CODE I. I consent to entry of a fmal 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 slatements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: Jllr)o5 O~-:r'~~ David T. Worley, Defen ant ;-,) ~:::"' :",) -1'"1 :..-;J '-'.;1 r'>,.) (...) r:'? !,,) KRISTIN E. WORLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 3482 Civil Term DAVID T. WORLEY, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in divorce under section 3301(c) of the Divorce Code was filed on July 11,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the 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 also tmderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: It / I Ie);;( 005 ~:O-t0 ~,GJ~;f stin E. Worley, Plaintiff 1-1 WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 6330H.) AND 6330Hd) OF THE DIVORCE CODE I. I consent to 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! 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: 1i1)~fD5 ~jttM E: 0)M 0;1 . A Kristin E. Worley, Plaint~O C' t:"'-' ~...., ,"'.:, ,:-~) co""' () -r} --I -:""y: ;-i'j t',) I..!.) , . ......., ;'1 KRISTIN E. WORLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05 - 3482 Civil Term DAVIDT. WORLEY, Defendant : ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the Tecord, together with the following information to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under 9330](c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Via certified mail, restricted delivery, return receipt requested, received on: July 18.2005. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: \\ -\~ -06- By Defendant: \ \ - \ g - () t) 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in 9330I(c) Divorce was filed with the Prothonotary: \ \ ~ J.. 2., - uS-- Date Plaintiff's Waiver of Notice in 9330I(c) Divorce was filed with the Prothonotary: \ \ - ~ ~ - 0 S- Date: \ l- ~) - 1) S .------- c:J .M.,_~ 1-' , " ;) ~l'i ,-.\ -r _. r;'~- , (,:--, -'"1 (:'? ,..;) .- ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~ ~ ~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ . . . . . . . . . . . . . . . . . . + . . . . . . . . . + . . . . . . . . . . + . . + . . . + . . . . + + . . . + + . . . . + . . . + + . . . . . + . . . . . . . . . . . + . . . . + . . . . . . + . + . . . . . . . . . . + + + . + . . . . . . + . . + . . . . + + . . + . . . . "':f.;f;f ~;f ~ ~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF Kristin F Worley, Plaintiff No. 05 - 3482 Civil Term No. VERSUS David T. Worley, Defendant DECREE IN DIVORCE AND NOW, ~/3 .,.:;r 3:3t>f.A ' ,~, IT IS ORDERED AND Kristin E. Worley , PLAINTIFF, DECREED THAT David T. Worley , 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 1\ FINAL ORDER HAS NOT YET BEEN ENTERED; None. .. . By THE c ROTHONOTARY ;f ;f~ ~ :t' ~;f :+;~'" . .+ . ~~~:+;'" '+''+'~'+'~~ ~ '+''+' "'~~~'f.'f.'+'''''+'''' J. + . . . . . . . + + . . . . . . + . . . . . . . . . . . . . . + . . . . . . . . . . + + + + + + + + . + . + + + + + . + + + + + + + . ~ ~ 'f. ~'+' .~? ;ff' ~P>?1' .r~",,#:;' jc? '1/ u ~p fip l' ~~ ~r/. ;cf? 5;:;; ,?(. C-/ . .