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HomeMy WebLinkAbout01-4146 ANGELI QUE L. WILT PLAINTIFF V. GLENN P. WILT, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4146 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 18, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respe~tive counsel appear before Melissa P. Greevy, Esq. at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, August 20, 2001 , the conciliator, at 1:00 p.m. 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 Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Greevy. 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 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ,. \ . o \ :5"'''6 1'\ II, zp AM '1/tq/,w (kd. fort fY\.....~L ~ ~ ~.~ ,.oo./"c.€..- m~~L ~ 'UcPJ. Q.or1 "",...,wl -/0 n-U., (kg;oy ------ 7.9.01.wilt. Custody Motion ANGELIQUE L. WILT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY/ PENNSYLVANIA NO. 01-4146 CIVIL TERM GLENN P. WILT, JR./ Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW/ THIS day of , 2001, upon consideration of the attached Complaint, IT IS HEREBY ORDERED AND DIRECTED that the parties and their respective legal counsel shall appear before , the conciliator/ at on the ___ day of / 2001/ at ,o'clock ____.m. for a Conciliation Custody Conference. At such conference an effort will be made to resolve the issue 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. Either party may bring the Child or Children who are the subject of this custody action to the conference, but the child/s/children/s attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FOR THE COURT: CUSTODY CONCILIATOR - 1 - 7.9.01.wilt. Custody Motion AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American 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. 7.9.01.wilt. Custody Motion ANGELIQUE L. WILT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4146 CIVIL TERM GLENN P. WILT, JR., Defendant CIVIL ACTION - LAW CUSTODY MOTION AND NOW, thi s \C)\~\ day of July, 2001, DIANE G. RADCLIFF, ESQUIRE, attorney for the PlaintifC Angelique L. Wilt, hereby moves this Honorable Court to schedule a custody conference on Plaintiff's claim for custody set forth in her divorce complaint filed on July 3, 2001. Respectfully submitted, Cb_ G. RADCLIF Trindle Road Camp Hill, PA 17011 Phone: (717) 737- 0100 Fax: ( 7 1 7 ) 975 - 0 6 9 7 ID No. 32112 )JANE G. RADCLIFF 448 TRINDlE ROAD :AMP Hill, PA 17011 717) 737-0100 7.9.01.wilt. Custody Motion CERTIFICATE OF SERVICE AND NOW, this _\D+B-\ day of =::G-(t0~ ' 2001, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the foregoing document upon the following named person, by mailing same by first class mail, postage prepaid, addressed as follows: GLENN P. WILT, JR. 205 E. CLEARVIEW DRIVE CAMP HILL, PA 17011 Respectfully submitted, D 3448 Camp Hill, PA 17011 Phone: (71 7) 737 - 0100 Fax: ( 7 1 7) 9 7 5 - 0 6 97 Supreme Court ID # 32112 - 4 - Wilt v. Wilt ANGELIQUE L. WILT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4146 GLENN P. WILTr JR'r Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the CUSTODY MOTION ORDER has been served upon the Defendant by Certified Mail, Restricted Delivery on the 4th day of August, 2001. The return receipt for said mailing is attached hereto as Exhibit "A" and made a part hereof. Respectfully submitted, Fr ESQUI e Road A 17011 Phone: (717) 737-0100 Fax: ( 7 1 7 ) 97 5 - 0 6 97 Supreme Court ID # 32112 Attorney for Plaintiff - 1 - m m ('- .::T U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ... - .::T CI M ('- y m Return Receipt Fee CI (Endorsement Required) CI Restricted Delivery Fee CI (Endorsement Required) Postmark Here CI CI .::T rn Name (Please Print Clearly) (to be completed by mailer) Total Postage & Fees $ Ir -St;.eet,-Ap-t~-No,~-o-"-PO-Bo;-fio,------------ ------- -- - ______u__ IT" CI -Ciiy, -State.-ZiP~4--- -- -- -- -- -- -- - -- -- -- -. - -- -- - -- -- -- -- -- -. -.. -. -. -. - -...- ('- :11 .. . ~ . . . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. . 1. Article Addressed to: G\~l\.f\ ~ W&...:Jr. dCYS t:: . L\Qi.V'VltW Ur. C.\\. fA \'0\\ 3. ~e ice Type ertified Mail Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) es 2. Article Number (Copy from service label)1oq g ~ DD ()o{)'3 ~ q 1.3,3 PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 EXHIBIT "All 2 wilt v. wilt --------- 0. (2 L.; .. c:') Q ..-!. ..,.~ -. ,..- -n \~-:- r<: ~ ::- ex ~ -;4,(:) q 7~ ~ EJ) :2. ..1 ..t:. j:> J> .~ --------- wilt, Angelique/B.14.01. Custody Agreement and Order. l~UG 21 2001tfJ ANGELIQUE L. WILT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- 414 6 GLENN P. WILT, JR., Defendant CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this 1) day of " l ,Ii .'~;,t;.iiJ) 2001, upon consideration of the within Custody Agreement executed by Angelique L. Wilt ("Mother") and Glenn P. Wilt, Jr. ("Father") ( individually "Parent" and collectively "Parents") pertaining to their minor children, Atlanta Christina Wilt, born December 24, 1996, and Sydney Grace Wilt, born November 10, 1998, ("the Children), IT IS HEREBY ORDERED AND DECREED as follows: A. LEGAL CUSTODY: The Parents shall share and have j oint legal custody of the Children. Each Parent shall be entitled to participate, jointly with the other Parent, in all major non-emergency decisions affecting the Children's health, education, religion and general well being. Pursuant to the foregoing the following shall apply: 1. Access to InformatioQ: Each Parent shall be entitled to - 1 - 4. Wilt, Angelique/S.14.01. Custody Agreement and Order. access to any and all information, persons, entities and documentation regarding the same so that informed decisions can be made. 2. Non-Maj or Decisions: Non-maj or decisions involving the Children's day to day living shall be made by the Parent then having custody, but to the extent possible, the Parents shall attempt to make such rules and follow such schedules as would provide the Children with continuity regardless of the then existing custodial Parent. 3. Emergency Decisions: Emergency decisions regarding the Children shall be made by the Parent then having physical custody, but that Parent shall immediately communicate to the other Parent the nature and extent of the emergency and shall provide that other Parent with all information pertaining to the treatment so that the other Parent may be involved in the decision making process at the earliest possible time. Copies of Documents: Upon receipt by a Parent, copies of the Children's school schedules, special events notifications, report cards and the like shall be provided - 2 - Wilt, Angelique/8.14.01. Custody Agreement and Order. to the other Parent, provided that such documents are not readily available to the party form other sources. Each Parent shall share with the other Parent any other information and documentation, or copies thereof, that each Parent possesses regarding the Children within such reasonable time as to make the records and information of reasonable use to the other Parent. 5. Notice of Activities: Each Parent shall provide the other Parent with at least 48 hours advance notice of school or other activities whenever possible. 6. No Derogatorv Comments: Neither Parent shall make any derogatory comments about the other Parent in the presence of the Children and to the extent possible shall prevent third parties from making any such comments in the presence of the Children. 7. No Discussion: Neither Parent shall discuss any aspect of the custodial situation with the Children and shall not utilize the Children for purposes of conveying information or inquiries pertaining to the Children to the other Parent. 8. Appointments: Each Parent shall notify the other Parent of - 3 - Wilt, Angelique/S.14.01. Custody Agreement and Order. any medical, dental, optical and psychological appointments and/or treatment for the Children sufficiently in advance thereof so that the other Parent can attend. 9. Care Providers: Each Parent shall provide the other Parent with the name, address and phone number of any babysitter or other daycare providers that regularly watch the Children for that Parent. 10. Telephone Contact: Both Parents shall be afforded reasonable telephone contact with the Children while in the other Parent's custody and for said purposes each Parent shall provide the other parent with his or her home phone number where the Children can be reached when in the that Parent's custody. Neither parent shall listen in the any conversations between the Children and the other parent by being on a phone extension or otherwise. 11. Temporary Absence from Commonwealth: If either Parent intends on removing the Children from the Commonwealth of Pennsylvania for a period in excess of forty-eight (48) hours that Parent shall provide the other Parent with the address and phone number where the Children can be reached - 4 - Wilt, Angelique/S.14.01. Custody Agreement and Order. during the period of absence. 12. Relocation: Neither Parent shall remove the Children from the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania on a permanent basis without providing the other Parent with at least ninety (90) days advance notice thereof. Said ninety (90) day time period 1S designed to allow the Parents to negotiate a modification of this Stipulated Agreement and in absence thereof to be able to petition the Court for a modification if the same is appropriate under the circumstances. B. PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Children: 1. Primary Custody: Mother shall have primary physical custody of the Children. 2. Partial Custody: Father shall have rights of partial physical custody of the Children. 3. Custody Schedule: The parties rights of custody shall be in accordance with the following schedule: a. Mother's Periods: Mother shall have physical custody of - 5 - wilt, Angelique/S.14.01. Custody Agreement and Order. the Children for all times not specifically reserved herein for Father. b. Two Week Schedule: Father rights of partial physical custody shall be on a two week rotating schedule as follows: 1. Week 1: Father shall have custody on: A. Monday from 5:00 p.m. until 8:30 p.m.; B. Thursday from 5:00 p.m. until 8:30 p.m.; C. Saturday at 9:00 a.m. until Sunday at 8:30 p.m. 2. Week 2: Father shall have custody on: A. Wednesday from 5:30 p.m. until 8:30 p.m.; B. Friday at 5:00 p.m. until Saturday at 9:00 a.m. 3. Expansion of Midweek Visits: When daycare resumes in September and as long as daycare is being used for the Children, Father's midweek periods on Monday and Thursday (Week 1) and Wednesday (Week 2) shall be extended so that each period shall be from 5:00 p.m. on that day until the following - 6 - Wilt, Angelique/B.14.01. Custody Agreement and Order. morning when the Children shall be dropped off at daycare by Father. c. Holidays: The Parents shall have custody for holidays In accordance with the following schedule: 1. Easter: The following shall apply to Easter Day: A. If Easter Day lS Mother's regular custodial day, Father shall have custody of the Children from 12:00 p.m. until 4:00 p.m. B. If Easter Day is Father's regular custodial day, Mother shall have custody of the Children from 10:00 a.m. until 12:00 p.m. and from 3:30 p.m. until 7:30 p.m. 2. Mother's Day: The following shall apply to Mother's Day: A. If Mother's Day lS Father's regular custodial day, Mother shall have custody on Mother's Day from 1:00 p.m. until the end of Mother's Day. B. If Mother's Day lS Mother's regular custodial day, Father shall have custody of - 7 - wilt, Angelique/B.14.01. Custody Agreement and Order. the Children from 10:00 a.m. until 1:00 p.m. 3. Memorial Day: The Parent otherwise having custody on this day shall retain custody of the Children. 4. Father's Day: The following shall apply to Father's Day: A. If Father's Day lS Mother's regular custodial day, Father shall have custody on Father's Day from 1:00 p.m. until 8:30 p.m. B. If Father's Day lS Father's regular custodial day, then Mother shall have custody of the Children from 10: 00 a. m. until 1:00 p.m. 7. Independence Day (Observed): The Parent otherwise having custody on this day shall retain custody of the Children. 8. Labor Day: The Parent otherwise having custody on this day shall retain custody of the Children. 9. Thanksgiving: the following shall apply to Thanksgiving Day: - 8 - Wilt, Angelique/S.14.01. Custody Agreement and Order. A. If Thanksgiving Day lS Father1s regular custodial day, Mother shall have custody of the Children from 3:00 p.m. until 8:30 p.m. B. If Thanksgiving Day Sunday lS Mother's regular custodial day, Father shall have custody of the Children from 11:00 a.m. until 3:00 p.m. 10. Christmas Eve: The following shall apply to Christmas Eve Day: A. Father shall have custody of the Children each Christmas Eve Day from 5:00 p.m. until 7:30 p.m; B. Mother shall have custody at all other times on Christmas Eve Day. 11. Christmas Day: The following shall apply to Christmas Day: A. Father shall have custody of the Children from 10:00 a.m. (when he shall pick up the Children from Mother's home) until 3:00 p.m. when Mother shall pick up the Children at - 9 - wilt, Angelique/S.14.01. Custody Agreement and Order. Father's home; B. Mother shall have custody at all other times on Christmas Day. 12. New Years. The following shall apply to New Years Eve and New Years Day: A. In even numbered years Father shall have custody of the Children from 5:00 p.m. on New Years Eve Day through 3:00 p.m. on New Years Day. B. In odd numbered years, Mother shall have custody of the Children from 5: 00 p. m. on New Years Eve Day through 3:00 p.m. on New Years Day. C. For purposes of the foregoing the odd and even numbered years shall be based on the year in which New Years Eve Day occurs. d. Summer Vacation Time: Each Parent shall be entitled to two (2) uninterrupted weeks of custody of the Children under and subject to the following terms and conditions: - 10 - 4. 5. wilt, Angelique/S.14.01. Custody Agreement and Order. 1. Consecutive or Non-Consecutive Weeks: The weeks may be taken consecutively or non consecutively. 2. Encompass Regular Weekend: To the extent possible these weeks shall be scheduled to encompass the Parent's regular selecting alternating weekend. 3. Weekend Switching: If said scheduling set forth in subparagraph 2 above lS not possible or practical, then the selecting the Parent custodial time period that encompasses the other Parent's regular alternating weekend shall switch weekends with the other Parent so that neither Parent has custody of the Children for more than two (2) consecutive weekends. Advance Notice: Each Parent must provide the other Parent with at least thirty (30) days advance written notice of his or her intention to exercise each of these custodial weeks. Conflicts: Should conflict arise between the selection of the weeks the first Parent to notify - 11 - Wilt, Angelique/S.14.01. Custody Agreement and Order. the other Parent of his or her selection shall have the right to exercise custody on the weeks selected and the other party shall select other times for his or her weeks so as to avoid any conflicts. C. MISCELLANEOUS CUSTODY TERMS: 1. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be shared by the parties as they hereafter shall agree. If the parties are unable to reach a mutual agreement regarding transportation, then the party transferring or giving up custody to the other Parent shall provide the transportation for that custodial exchange. 2. Precedence: The holiday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 3. Modification: The Parents shall be at liberty to modify the custodial periods herein provided to accommodate their - 12 - wilt, Angelique/S.14.01. Custody Agreement and Order. respective schedules and special events, subject, nonetheless in all respects to the mutual agreement of the Parents for any such modifications. BY THE COURT: ;' .;.,.,,_.. ",::. rj, i .~~>' ,/, '.. i ~'.. ".-, """,;'" J. ;y t~,f\jJc LJ'b'').?> - 13 - c\ '- "7'- . wilt, Angelique/a.14.01. Custody Agreement and Order. . ' '" ANGELIQUE L. WILT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- 414 6 GLENN P. WILT, JR., CIVIL ACTION - LAW Defendant STIPULATION FOR CUSTODY ORDER AND NOW This 2..c~ day of , 2001, Angelique L. Wilt and Glenn P. Wilt, Jr. hereby stipulat and agree that the foregoing Custody Order shall be entered by the Court in the above captioned matter. IN WITNESS WHEREOF the parties, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: \ l [~ d:MA- ANG IQ J. WILT SEAL Date: ?-lo-O I jJ~ fftdi12EAL GLENN P. WILT, JR. ~ tjr-;20 -oL Date: - 14 - <:) ,.) 1 '".. J ~ c=- ..c:. ...-;;. .~ .....c 3 \{) ,.,.J -.< AUC ~.~ ~C~1 (0W\ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELlQUE L. WILT, vs. NO. 01-4146 Defendant CIVIL ACTION - LAW CUSTODY GLENN P. WILT, JR., ORDER TO RELINQUISH JURISDICTION AND NOW, this 20th day of August, 2001, having been advised by counsel for the Plaintiff that the parties have reached an agreement and executed a Custody Stipulation thereby resolving the issues in this custody action, the Custody Conciliator hereby relinquishes jurisdiction. FOR THE COURT, ellssa Peel Greevy, Esquire Custody Conciliator -- -- ~ 0> -f:- ~ 'l> ~ .r) .-.) . , ANGELIQUE L. WILT, '" '" '" '" '" "'''''''~~~'''~~'''~''''''~''''''~''''''~~~~~~ "'''' '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. No. 01-4146 CIVIL TERM Pl.:=llnt-lff VERSUS GLgNN P. WILT, JR., Defendant DECREE IN DIVORCE v*\ so ~.J-- ,. , IT IS ORDERED AND AND NOW, DECREED THAT WTT,'T' , PLAI NTI FF, ~l\Tr::RT,TQTTR T, AND c;T.F.NN P. WILT. JR. , DEFENDANT, 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; There are no issues outstanding. Any issues previously raised have ~<! / / ATTESTah~ J. .. PROTHONOTARY '" '" "'''' "'''''''''''''if.if.''' '" -*? Y ~;'14r" ~?J< ~~ Y ~ /~n/ d:t:p ~{? "' rt? /..> LV 'I',-~ Ol\ ANGELIQUE L. WILT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 01-4146 CIVIL TERM GLENN P. WILT, JR., Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE OF TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the foilowing information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date a. b. c. of filing and manner of service Date of filing of Complaint: Manner of service of Complaint: Date of Service of Complaint: of the complaint: July 3, 2001 Certified Mail Restricted Delivery July 9, 2001 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: a. Plaintiff: April 18, 2002 b. Defendant: April 22, 2002 OR Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon the Defendant: a. Date of execution: b. Date of filing: c. Date of service: N/A N/A N/A 4. Related claims pending: None. 5. Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) (1) (i) of the Divorce Code: a. Date of Service: N/A b. Manner of Service: N/A Date Waiver of Prothonotary: a. Plaintiff's b. Defendant's OR Notice in Section 3301(c) Divorce was filed with the Waiver: April 23, 2002 Waiver: April 29, 2002 . RADCLIFF, ESQ indle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737 - 0100 ~ _.. '.',-, N -<>,-,. -.C} ~ -, ., ::- ~~-' ~ .- - ~ -T-., ~'. ' ; ,. % ~ ,"" l, ___- -, ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELIQUE L. WILT, Plaintiff v. NO.OI-414/o CIVIL TERM Glenn P. Wilt, Jr., Defendant CIVIL ACTION - LAW DIVORCE NOTICE 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELIQUE L. WILT, Plaintiff v. NO. 0/_ y / '/ /,r Glenn P. Wilt, Jr., Defendant CIVIL ACTION - LAW DIVORCE COMPLAINT AND NOW, thi s day of 2001, comes the Plaintiff, ANGELIQUE L. WILT, by attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCE 1. The Plaintiff is ANGELIQUE L. WILT, an adult individual residing at 205 East Clearview Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Glenn P. Wilt, Jr., an adult individual residing at 205 East Clearview Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on at August 17, 1996. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to DIANE G. RADCLIFF 3448 TRlNDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 - 2 - DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based are: a. That the marriage is irretrievably broken; Or in the alternative, .........b. That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. Or in the alternative, c. That Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render condition intolerable and life burdensome, and that this action is not collusive. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II: EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from until the date of their marital separation, all of which are Ilmarital property II or "marital debts". - 3 - 11. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property and debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT V: CUSTODY 13. Paragraphs 1 through 12 are incorporated by reference hereto as fully as though the same were set forth at length. 14. Plaintiff seeks custody of the following: NAME PLACE OF RESIDENCE AGE D.O.B. Atlanta Christina Wilt 205 East Clearview Dr. 4 12/24/96 Camp Hill, PA 17011 Sydney Grace Wilt same 2 11/10/98 The were not born out of wedlock. The are presently in the custody of the both parties who reside at 205 East Clearview Drive, Camp Hill, PA. During the past five years (or since date of birth if that is a lesser period of time, the children have resided with the following persons and at the following addresses: DIANE G. RADCLIFF 3448 TRlNDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 - 4 - PERSONS ADDRESSES DATES Plaintiff and 205 East Clearview Drive, 11/96 to Defendant Camp Hill, PA. present The mother of the is Angelique L. Wilt, currently residing at 205 East Clearview Drive, Camp Hill, PA. She is married. The father of the is Glenn Paul wilt, Jr., currently residing at 205 East Clearview Drive, Camp Hill, PA. He is married. 4. The relationship of Plaintiff to the is that of mother. The Plaintiff currently resides with the following persons: NAMES RELATIONSHIP Glenn Paul wilt, Jr. Husband Atlanta Christina Wilt Daughter Sydney Grace Wilt Daughter 5. The relationship of Defendant to the is that of father. The Defendant currently resides with the following persons: NAMES RELATIONSHIP Angelique L. wilt Atlanta Christina Wilt Sydney Grace Wilt Wife Daughter Daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the in this or another court. Plaintiff has no information of a custody proceeding concerning the pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 - 5 - proceedings who has physical custody of the or claims to have custody or visitation rights with respect to the . 7. The best interest and permanent welfare of the will be served by granting the relief requested because: a. Plaintiff has been the primary caretaker of the children. b. Plaintiff can better serve the physical and emotional needs of the children 8. Each parent whose parental rights to the have not been terminated and the person who has physical custody of the have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant shared legal custody of the children to the parties and primary physical of the to the Plaintiff subject to reasonable and liberal partial physical custody rights for Defendant. Respectfully Fax: DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 - 6 - DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 VERIFICATION ANGELIQUE L. WILT verifies that the statements made ln this Complaint are true and correct. ANGELIQUE L. WILT understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~dL~ - 7 - WILT. Certificate of Service . Divorce Cmp. ANGELIQUE L. WILT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4146 CIVIL TERM GLENN P. WILT, JR., Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Complaint lD Divorce has been served upon the Defendant by Certified Mail, Restricted Delivery on the 9th day of July, 2001. The return receipt for said mailing is attached hereto as Exhibit "A" and made a part hereof. Respectfully 1 LIFF, ESQUIRE \ ad 17011 Phone: (717) 737-0100 Fax: (71 7) 97 5 - 0 6 9 7 Supreme Court ID # 32112 Attorney for Plaintiff - 1 - WILT. Certificate of Service Divorce Crop. U.S. Postal Service CERTIFIED MAIL REQEIPT (Domestic Mail Only; No Insurance Coverage Provided) Cl IT' IT' IJl Article Sent To: ;:r Cl r'l l'- Postage $ '1. Certified Fee Return Receipt Fee ~ (Endorsement Required) Cl Restricted Delivery Fee Cl (Endorsement Required) Cl Cl ;:r m IT' IT' I Cl l'- ::)ENDER: COMP~ETE THIS SECTION . Complete items 1 , 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: G \~J0\ ? w~~v. d05 ~. Cho..rlfl ~W CO-n'? ~ ~ \Ia\\ ~t~'\ 0 \ 3. Service Type ~ertified Mail D Registered D Insured Mail D Express Mail D Return Receipt for Me DC.G.D. 4. Restricted Delivery? (Extra Fee) 2 ryCA~ervltE)3 '1Jrtt 6gs0 PS Form 3811 . July 1999 Domestic Return Receipt 102S9S-99-M-17S9 EXHIBIT "AU 2 10.10.01 Wilt v. wilt Affidavit & Waiver . ANGELIQUE L. WILT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4146 CIVIL TERM GLENN P. WILT, JR., Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 3, 2001. 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 in 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. Dated: 'I/I'8ID~ ~ o rv ~ ..., N W N VI 00 ~ ;.. , . ; -",j i~~ ~-~..1 ():) 10.10.01 Wilt v. Wilt Affidavit & Waiver , ANGELIQUE L. WILT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4146 CIVIL TERM GLENN P. WILT, JR., Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concernlng 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. Dated: t/ I, ~ / () ;).. I , ~ILT o \'! ~ "7 ..- ;-,) Cl. --1. ... r:,,;; "....~) c.-' r - 10.10.01 Wilt v. Wilt Affidavit & Waiver' ANGELIQUE L. WILT/ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4146 CIVIL TERM GLENN P. WILT, JR., Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 3/ 2001. 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 in 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. Dated, 1--:;{;?-@ GLENN P. WILT, JR. C) ~ ~ "" N ~ en -I \IV ~ ~ ~ .;~.) \s.:..: ~"...'-'l '.,\ tT') - 10.10.01 Wilt v. Wilt Affidavit & Waiver . ANGELIQUE L. WILT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4146 CIVIL TERM GLENN P. WILT, JR., Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of Q final decree in 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. Dated: /-j - C?;?- d;;? ~~ GLENN P. a - N .,.-~ ~ - ::- , - ~ C?> L~- '_~.1 -< , "" CS' ~ 3 .. . ANGELIQUE L. WILT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4146 CIVIL TERM GLENN P. WILT, JR., Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW CLAIM OF EQUITABLE DISTRIBUTION Please withdraw Plaintiff's claim for Equitable Distribution filed as part of the Complaint in the above-referenced matter. Respectfully submitted, DCLIFF, ESQUI~E Tr' le Road Camp Hill, PA 17011 Phone: ( 71 7) 737 - 0 100 Fax: ( 7 1 7) 97 5 - 0 6 9 7 Supreme Court ID # 32112 Attorney for Plaintiff s ~ .., 1'\1 ,.s. ~ 'oN .....I ~ $ i'''_/ ':::::J \"} ~. ) :"..J \D -'.: -~ ...-.-! -<....