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HomeMy WebLinkAbout05-5313 - ROBIN A. WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. CIVIL ACTION - LAW No. 05 - 53/3 CIVIL IN DIVORCE/CUSTODY SIMON S. WAGNER, Defendant 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 the 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 Court House, High and Hanover Streets, Carlisle. 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 LAWYER AT ONCE. IF YOU DO NOT HA VE 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, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WI1H DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans 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. - ROBIN A. WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 05 - 53/3 CIVIL IN CUSTODY SIMON S. WAGNER, Defendant DIVORCE AND CUSTODY COMPLAINT 1. Plaintiff is Robin A. Wagner, an adult individual, who resides at 22 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Simon S. Wagner, an adult individual, who resides at 1152 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on December 18, 1999, in Newville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. COUNT 1 COMPLAINT FOR CUSTODY 1. The plaintiff is Robin A. Wagner, residing at 22 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Simon S. Wagner, residing at 1152 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Evan S. Wagner 22 West Green St. 5/09/00 Mechanicsburg, P A 17055 5 yrs. 6 mos. Leah S. Wagner 22 West Green St. 5/10/04 1 yr. 6 mos. The children were not born out of wedlock 4. The children are presently in the custody of Robin A. Wagner, residing at 22 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Robin & Simon Wagner 43 South Pitt St. Apt. 2 Carlisle, Pa 17013 512000 to 1012000 Robin & Simon Wagner 51 Winchester Gardens Carlisle, Pa 17013 10/2000 to 1112002 Robin & Simon Wagner 1152 Pheasant Drive North Carlisle, Pa 17013 1112002 to 7/2005 5. The mother of the children is Robin A. Wagner, residing at 22 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. She is married. 6. The father of the children is Simon S. Wagner, residing at 1152 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania 17013. He is married. 7. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons. Name Tim Waggoner Relationship Boyfriend Brittany Waggoner Boyfriend's daughter 8. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons. Name Unlmown Relationship 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for each of the children. Plaintiff is best able to provide the care and nurture which the children need for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the children may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the children are not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the children. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: /0/1/ j"r I AJ1~ Michael O. Palermo, Jr., Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court J.D. # 93334 Attorney for Plaintiff ~ ,~ ~ 0 <-> c ~ ~ c::':' ~n (:) ::;:l ~ " -, fii ::n ~ ~ -"Fe; ~~~;~) , -., . ~.~ ""'- ~ !:;:'::0 .- -;' ("') ,';.,? ~~Irn :i~ ::0 '-" .< J\~ rVl ROBIN A. WAGNER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-5313 CIVIL ACTION LAW SIMON S. WAGNER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, October 14, 2005 , upon consideration of the attached Complaint, it is hereby directed that pm1ies and their respective counsel appear before Jacqueline M. Verney, Esq. . the conciliator, at... _ _.~th Floor, Cumberland Counl}'_"<::ourt!!~-"se, C:;...rli~ on Tbursday, November 17, ~~___ at 8:30 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 Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: _~. lacqueline M. Verney. Esq. 4-1 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 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 WIIERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ./~p ~~ 14;7 >>Jh1/ ~1' ~T~ yJ/QI -rtI Y'$~Mp.;C'fJ jo.NiJl 11-).(' "," ,......t)) ,~, rCi'~J ,ll ._:., ;;i:: .. 1 .;.--", , V , v ;y ROBIN A. WAGNER, Plaintiff NOV 1 7 ZOO~j f)/J' I . 1 I : IN THE COURT OF COMMON PLEASbli'=~cc-=~ : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5313 CIVIL TERM SIMON S. WAGNER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 7.1" r day of _\,\) 0 Y . ,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Robin A. Wagner, and the Father, Simon S. Wagner, shall have shared legal custody of Evan S. Wagner, born May 9, 2000 and Leah S. Wagner, born May 10, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody as follows: A. Beginning November 18, 2005 with Leah, every Wednesday, Thursday and alternating Fridays from 7:15 a.m. to 4:30 (Fridays to coincide with Father alternating weekends) Father shall pick up and drop off the child at the Carlisle YMCA. B. With both children beginning November 19, 2005 alternating weekends, Saturday from 8:00 a.m. to 4:30 p.m. and Sunday from II :00 a.m. to 6:30 p.m. On Sundays Mother shall drop off the children to Father and Father shall return the children to Mother. C. When Father relocates to his own residence, alternating weekends Fridays from 7:15 for Leah and from after school for Evan until Sunday at 6:30 p.m. Father shall transport the children to/from Sunday school during his weekend. D. Wednesdays and Thursdays with Evan from 7:15 a.m. to 4:30 p.m. if Evan is offfrom school. E. Such other times as the parties agree. 4. Holidays. The parties shall have physical custody of the children as indicated below: C" '-;-- i'- c.j - u- N (:-:) ',.r:. ..:) L'~ <;::::.-:1 () ~.:~ 0 :."...1 A. Thanksgiving-Mother shall always have the children from 9:00 a.m. to 3:00 p.m. and Father shall always have the children from 3:00 p.m. to 9:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall always have physical custody of the children for Block A. Father shall always have physical custody of the children for Block B. C. Easter-Mother shall always have physical custody of the children on Easter from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody of the children from 3:00 p.m. to 9:00 p.m. D. Mother's Day/Father's Day- Mother shall have physical custody of the children on Mother's Day and Father shall have physical custody of the children on Father's Day, both at times as agreed by the parties. E. Memorial Day/Fourth of July/Labor Day-the parties shall alternate with Mother having Memorial Day in 2006. 5. Father shall not leave the children unattended with the paternal grandparents. 6. Unless otherwise provided herein or otherwise agreed by the parties, the receiving party shall transport. 7. In the event of a medical emergency, the custodial parent shall notify the other parent as soon as practicable after the emergency is handled. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference which Father. 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. Another Conciliation Conference is scheduled for February 22,2006 at 8:30 a.m. BY THE COURT, LiJ~ cc: Michael O. Palermo, Esquire, Counsel for Mother Simon S. Wagner, pro se 826 North West Street Carlisle, P A 17013 . ROBIN A. WAGNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-5313 CIVIL TERM SIMON S. WAGNER, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILlA nON SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BlRTH CURRENTLY IN CUSTODY OF Evan S. Wagner Leah S. Wagner May 9, 2000 My 10,2004 Mother Mother 2. A Conciliation Conference was held in this matter on November 17, 2005, with the following individuals in attendance: The Mother, Robin A. Wagner, with her counsel, Michael O. Palermo, Esquire and Father, Simon S. Wagner, pro se. 3. The parties agreed to an Order in the form as attached. 1/ -17 -0 !: Date ~ " . ;1;1. t~y facq ine M. Verney, Esquire II Custody Conciliator RECEIVED "E8 :.: ?S:JD f/lrJ ROBIN A. WAGNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-5313 CIVIL TERM SIMON S. WAGNER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 14th day of February, 2006, the parties being satisfied with the current Custody Order, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, " ,,\ r, fv\, V~ line M. Verney, Esquire, Custody onciliator I~~' c::} C:;) c;--, (~J --i-oJ --, :-_C rn -,-, rTl UJ cr, c::.' r<' I"'.~- ----., :.< ROBIN A. WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SIMON S. WAGNER, Defendant CIVIL ACTION - LAW No. 05 - 5313 CIVIL IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was tiled on . 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 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 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: _-J.!cJ.3/ot, -~A~'{~ '.j k'l :::;J \,:,'..; f',) C,.) c~:.' ROBIN A. WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, SIMON S. WAGNER, Defendant CIVIL ACTION - LA W No. 05 - 5313 CIVIL IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE U~DER ~ 3301(c) OF THE DIVORCE CODE 1, I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property. lawyer's fees or expenses 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, 94904, relating to unsworn falsification to authorities. Date: d./.;i 3/oC ?o~~ ~ Robin A. WagnerlPlai ff ,p, (/! C_' ,-) ~'h !'0 (..:; ROBIN A. WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SIMON S. WAGNER, Defendant CIVIL ACTION - LAW No.05- 5313 CIVIL IN DIVORCE/CUSTODY AFFIDA VlT OF CONSENT AND ACKNOWLEDGEMENT 1. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on October 11, 2005, and 1 acknowledge receipt of a copy ,)fthe same, which was served 011 me on October 13, 2005, by Certified Mail. 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 of divorce. 4. 1 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. 5. I have been advised of the availability of marriage counseling, and do not request that the Court require that my spouse and I participate in said counseling. 1 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 I 8 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: I="s~ ?() 2rY..~ I ~L , -n ~_.l ,,, ~".) Co) c..: ROBIN A. WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SIMON S. WAGNER, Defendant CIVIL ACTION - LA W No. 05 - 53 I 3 CIVIL IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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 mc immediatcly 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 arc made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: FI"~ 20 2~ . ~~~. efendant rO", -n (e) "\1 .-, "T' I.~.., .. ..' ,:.;.::; +".:, c.) ~ . u" - ROBIN A. WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SIMON S. WAGNER, Defendant CIVIL ACTION - LAW No. 05 - 53] 3 CIVIL IN DIVORCE/CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce dccree: I. Grounds for divorce: irretrievable breakdown under 9 330 I (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mai/Return Receipt/Restricted Delivery, October 13,2005. Attached as Exhibit "A". 3. Date of execution of the affidavit of consent required by 9 3301(c) of The Divorce Code: by the Plaintiff, February 23,2006; by the Defendant, February 20, 2006. 4. Related claims pending: None 5. Date Plaintiffs Waiver of Notice in 9330I(c) Divorce was filed with the Prothonotary: February 23, 2006. Date Defendant's Waiver of Notice in 9330I(c) Divorce was filed with the Prothonotary: February 23,2006. Date: - I'e I" Z 8' ,2006 ~~J Michael O. Palenno, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 93334 . ",::-1 - - ROBIN A. WAGNER, Plaintiff v. SIMON S. WAGNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LA W No. 05 - 5313 CIVIL IN DIVORCE/CUSTODY PROOF OF SERVICE EXHIBIT "A" SENOE~. CQA1PLE Tt , ;,f( r ION . Complete items 1, 2, and 3. Also ~omplete 'Iem 4 if Restricted Delivery is desired. I d ddress on the reverse . Print your name an a , return the card to you. so that w~ canrd I the back of the mail piece, . Attach this ca 0 . or on the front jf space permits. 1 Article Addressed to: 5'. 5 tuM/I~ /(110 IV . . (J. .lJA:- t/t ~ //50. jJ);<<2sf'M.Jl I ~'::'U2-;, (YA / }0/3 2. Article Number (Transfer from service lab PS Form 3811, February ~UU4 d.,-nt from item 1 o Is delivery address ,,,:,,,, . If YES, enter delivery address below: 3. Service Type % Certified Mail o RegIstered o Express Mall M Retum Receipt for Merchandise 0.0. 4. Restricted Delivery? (Extra Fee) J&.Ve. 7003 1010 0001 1191 9bbb DomestIc Retum Receipt 102595-02-M-1540 -- C) r-..' ~'~ -r, r-;-1 ,_'CI :',' c~ -'.'" (.) ~~~ ~~ ~ +.~+.~+.~ ~+.+.~~+++.~+.~++~++~+~~+~~+~+.~+.+.+.~~~~+.+.~~~+.+.+.~+.~++.+.++.++~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +.+++++++++++++++++++++.+++.+++.~++~+.+++++++++++++~++++.+++++++++++++....++~ ..+: +. :+ +. ~ +. ~ . + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + +++.++~++.+ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF Wagner, Robin Plaintiff VERSUS Wagner, Simon Defendant AND NOW, PEN NA. NO,05-5313 Civil Term DECREE IN DIVORCE v11 VL l 'is l.oOb, IT IS ORDERED AND DECREED THAT Robin Waqner , PLAINTIFF, AND Simon Wagner , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT None J ~, ? /17'~/ ?1k"'k, v~rt/ -t??;, '1lmr ~~ -F{} . Vj "'.. ;7tJ' f . ->~ (l .~