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HomeMy WebLinkAbout05-5975 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA SHANNON STEBBINS, Plaintiff * NO. C>!; - .597,[, C;u~l ~~ * * v. * CIVIL ACTION - LAW IN DIVORCE * * ANTHONY STEBBINS, Defendant * * 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 MAYBE 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 RJGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRJEV ABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS A V AILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER~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 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA * NO. 05;- Ctu,C-Tk"1 SHANNON STEBBINS, Plaintiff * * v. * CIVIL ACTION - LAW IN DIVORCE * * * ANTHONY STEBBINS, Defendant * COMPLAINT COUNT I - DIVORCE UNDER &3301(c) or &3301(d) OF THE DIVORCE CODE 1. The Plaintiff is Shannon Stebbins, who currently resides at 504 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant is Anthony Stebbins, who currently resides at 504 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. 5. 2005. 6. 7. 8. Plaintiff and Defendant were married on March 26, 2005 in York County, Pennsylvania. The parties are. the parents of one (1) minor child: Hannah Stebbins, born on January 12, There have been no prior actions of divorce or for annulment between the parties. Neither party is presently a member of the Armed Forces on active duty. The parties have not entered into a written agreement as to alimony, counsel fees, costs, or property division. . 9. Plaintiff has been advised that counseling is available and that she may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 10. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) S3301(c). The marriage of the parties is irretrievably broken; and (B) S330 I (d). The marriage ofthe parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 11. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. COUNT III - CUSTODY 12. Paragraphs one (1) through thirteen (11) are incorporated herein by reference as if set forth in full. 13. Plaintiff seeks primary physical custody of the following child: Hannah Stebbins, born on January 12,2005. The child was born out of wedlock. During the past five (5) years, the child has resided with the following persons at the following addresses: A. From birth until present, Hannah Stebbins has resided at 504 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, with both the Plaintiff and the Defendant. The mother of the child is Shannon Stebbins, who is currently residing at 504 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. She is married. The Father of the child is Anthony Stebbins, who is currently residing at 504 Hogestown Road, Mechanicsburg, Pennsylvania, 17050. He is married. 14. The relationship of Plaintiff to the child is that of Mother. 15. The relationship of Defendant to the child is that of Father. 16. 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 or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. The best interest and permanent welfare of the child will be served by granting Plaintiff primary physical custody of the minor child. 18. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. . WHEREFORE, Plaintiffrespectfully requests This Honorable Court to grant primary physical custody of the minor child to the Plaintiff. Respectfully submitted, Dated: III.~)- I Thomas M. Clark, Esquire 130 West Church Street DiIIsburg, PA 17019 (717) 432-9666 J.D. # 85211 -.. VERIFICATION I, Shannon Stebbins, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. '4904, relating to unsworn falsification to authorities. Date: 1{/1I/0.5 I I ~ s/+~ SHANNON STEBBINS Plaintiff 7.JR #- #. ~ t!, D "lJ ...() "'-l) --Cl "0. )J ~ ~~..() ~ C> - . ~\)C/) C>\)C> \ I uC::, ~~ k ----z _-'I 'I --~, C:".' I'~, () c~ ~-;l ,_fl ~f1 _J ~ (...1 8 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL'IT ANIA SHANNON STEBBINS, Plaintiff * NO. 054Q5q15 v. * * * * CIVIL ACTION - LAW IN DIVORCE ANTHONY STEBBINS, Defendant * * * ACCEPTANCE OF SERVICE I accept service of Plaintiffs Complaint in Divorce in the above-captioned matter, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Date: 11 hi-Ii 1(';;- I I " 'l....,... ..........) Anthony Stebbins 504 Hogestown Road Mechanicsburg, P A 17050 f) ~-,- ;'i \'"^? o \.D ~ ('""".:.::) I=:;::' c.n <::J 1"1'1 (..., .f'0 o .., ::;1 rnprJ ~nili :.)~t -- -T', :~~k~ ~! cD .-< ..,,"") ::;: SHANNON STEBBINS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V. 5415 05-59M CIVIL ACTION LAW ANTHONY STEBBINS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Th,!r~day, January 05, 2006 , upon consideration of the attached Complaint, it is hereby directcd that parties and their respective counscl appear before Hubert X. Gilroy, Esq. . the conciliator, at 4th Floor,~'!rn~~E~a'!.<I~o.""lr Cou,:~~,!,!seL~~Elis!e_ on Friday, Ja'!II~':Y;?'}~~~ _______~ at 8:30 AM for a Pre-Hcaring Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished. to dellne and narrow the issues to bc heard by the court. and to enter into a temporary order. All children age five or older may also be present at the conference. Failurc 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 hearinl!;. FOR THE COURT. By: /s/ Hubert X. Gilroy, Bs'f-_____uJf'!1. Custody Conciliator J:T . . 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 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 Bedf,,,d Street Carlisle, Pennsylvania 170 I3 Telephone (717) 249.3166 '7f~d_~ ~~tHl 'fl'.}/! IT/!' 7f1f>m11 ~I.,'?l JI-( 1'W fp~f'll:mU Ml.f"? 1(}.0," ,'1,....,.-.. , ,,;J (:l:".t (1\ J .:::! . \, .J I S{JJL .,.", . :,,;-"\1. j '} 11- -, ~:" r.", - ! ',n ,.. :~~J , 1 JiJ../ \ SHANNON STEBBINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW ['115 NO. 05-59.85 IN CUSTODY ANTHONY STEBBINS, Defendant COURT ORDER AND NOW, this l5t- day of , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered an directed as follows: 1. The mother, Shannon Stebbins, and the father, Anthony Stebbins, shall enjoy shared legal custody of Hannah L. Stebbins, born January 12, 2005. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: a. On alternating weekends from Friday at 4:00 p.m. until Sunday at 7:00 p.m. b. For one evening a week from 4:00 p.m. until 7:00 p.m. The evenings shall be Wednesday of each week unless agreed otherwise between the parties. c. At such other times as may be agreed. 4. In the event the father is dissatisfied with this Order, father may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. In light of the fact the father was not in attendance at the initial Conference, father may raise any and all issues at any second Con erence that is scheduled pursuant to a petition fIled by the father. BY THE C ( /r " ;j~~1 ~:::::t- Judge cc: Thomas M. Clark, Esquire Anthony Stebbins - ~ /J1.~ ;;..O~_O~ ~. .., , -,r; II "..J., (',. ~ ..' . 'I' 'j.O {j~ ;:; "" C"" - d;t.J ;JU" ^ijV1..Ci\:~> ._"j':xi 3Hl :lO 3:);.+.-'G,':J?Jl:,j ;}ZlJt ~. SHANNON STEBBINS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ANTHONY STEBBINS, Defendant NO. 05-5985 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Hannah L. Stebbins, born January 12, 2005. 2. A Conciliation Conference was held on January 27, 2006, with the following individuals in attendance: The mother, Shannon Stebbins, with her counsel, Thomas M. Clark, Esquire, and the father did not appear. However, mother indicated to the Conciliator that father related to her that he was refusing to sign certified mail. However, mother indicated she did have a discussion with father whereby he understood that there was a Conciliation Conference scheduled on the date the Conference was held. Furthermore, the Conciliator understands that the mother currently enjoys primary custody of the minor child and the father is exercising temporary custody pursuant to an informal agreement of the parties. 3. The Conciliator recommends an Order in the form as attached. ! ~ )fJ"--() V DATE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA SHANNON STEBBINS, Plaintiff * NO. 05-05975 * * v. * CIVIL ACTION - LAW IN DIVORCE * * ANTHONY STEBBINS, Defendant * * AFFIDAVIT OF CONSENT 1. A complaint in Divorce under S3301(c) of the Divorce Code was filed on November 17.2005. 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 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 made herein are subject to the penalties of 18 Pa. C.S. 94904 reiating to unsworn falsification to authorities. ~/7f ~~/ . -:/. ... .~~:.. Antti::yi~~s W -=> Defendant c) .;:'h ., ~.. ~. ;".) -J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHANNON STEBBINS, Plaintiff v. * * * * NO. 05-05975 * CIVIL ACTION - LAW IN DIVORCE * ANTHONY STEBBINS, Defendant * * WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 r 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 anidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. c.S. ~4904 relating to unsworn falsification to authorities. 5l1l0& Date t ~~ Shannon Stebbins Plaintiff , "',. (~") -i-, ~r: [- IT. ;'~ C; ~'c' c:~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA SHANNON STEBBINS, Plaintiff * NO. 05-05975 * * v. * CIVIL ACTION - LAW IN DIVORCE * * ANTHONY STEBBINS, Defendant t+r-8 -bol + o-r Co,usd I. A complaint in Divorce under S3301(c) of the Divorce Code was filed on * * November 17,2005. 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 of divorce after service of notice of intention to request entry of the decree. ] verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. ](q/tF& Date ~DJvuM~ S annon Stebbins Plaintiff _~_"'''>O -------- "'~ '_1 C) ~\1 .",J -J~ -r3 "\'oP- ^ ~...;\:.; :so.' -"~ .d5 :.< IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHANNON STEBBINS, Plaintiff * NO. 05-05975 * * v. * CIVIL ACTION - LAW IN DIVORCE * * ANTHONY STEBBINS, Defendant * * WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE \. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that] 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 J 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 made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date ?'(~/o(" ...4. ~. ..-:;:::;> ",-::"'/- .. .,' ;y//::~ -~.- ..........---::; A.y Stebbins /Defendant ::'-".) '~"') ,-I 'r' j_:l1 (":J ...-^-.--------.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA SHANNON STEBBINS, Plaintiff * NO. 05-05975 * * v. * * CIVIL ACTION - LAW IN DIVORCE * ANTHONY STEBBINS, Defendant * * PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: ]. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant Accepted Service of the Complaint on November 24. 2005. said Acceptance of Service was filed with this Honorable Court on December 21. 2005. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: March 9. 2006 ; By Defendant: March 9. 2006. (b) (I) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: There are no related claims pending with this Honorable Court. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: March 27, 2006; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: March 27. 2006. Date: /~ r/ ~I 6& I / By: (\ /_ -r --- Thomas M. Clark, Esquire Supreme Court J.D. # 77944 130 West Church Street, Suite 100 DilIsburg, PAl 70 19 (7 I 7) 432-9666 (Attorney for Plaintiff) \',-1.- C'; :f+'+'+'+'+'+' . :+;+.:+:<+: +.+.~+.+.+.+.+. + +.+.+.++.+.+. +++.+:+:+.+.:+:+.+.++.+.+.+. +.+.+.+. +.+.+.+.:+:+.+ +.+.+.+.+.+++.+.+.+.++~ . . . . . . . . . IN THE COURT OF COMMON PLEAS THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE . . . . . . . . . . OFCUMBERLANDCOUNTY . STATE OF PENNA. . . . . . . . . . . . . . . . . . . . . . . SHANNON STEBBINS, Plaintiff No. 05-05975 VERSUS ANTHONY STEBBINS, Defendant DECREE IN . . . . . . '. . . DIVORCE . . . . . . . . . . . . . . . . . . . . . . . . AND NOW, ~.,"J r8'" , Z-<>o(. DECREED THAT SHANNON STEBBINS AND ANTHONY STEBBINS ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , PLAINTIFF, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ++.+++++.++.+++++.++? , DEFENDANT, YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ++ +. +. t(}a /J€ By THE CO~JL )J~, +Of. +.+.+.+.'f+''f+++'f+'f'f++++''f+'+':t'+.+ ++.+.++. +.+ PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . A-7 :! niT' ""'14" ?::;;'''''i/z, r17;J h?? ..7 /,??c;?Jr ?~7F~) ~ "., - :".. ~: -7.,/. ,,,,,. h' - --/l. ,I -7".-' . $"C" . b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ''h ~ ann UYl SIc.b bin. ~ Plaintiff Vs FileNo. 05- OS{n5 IN DIVORCE lm+ndYlAj Skbbins Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, or . I after the entry of a Final Decree in Divorce dated Lf //8' I () ~ - 0 II hereby elects to resume the prior surname ofSh011I1tfr1 r3rJM , and gives this written notice avowing his / her intention purs~t fo/the provisions of 54 P.S. 7~4. Date: S/g-/Of;; s5dJ1jJ\...rWY1 ~~ I , Signature o Signature of name b . g resumed COMMO~~~::;:;rSYLVANlA ) COUNTY OF On the -S- day of /J-tA-y , 200~ before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTAIIlAI. SEAl. ...... _~ARY, NOTARY PU8UC .............. CUM8ERLAHD COUNlY COURl'HOUSE MY 001111_ fllPIRE8 JNlUARY 4.2010 ~ -<9. ~ 8 ..... = ~ C; c:l> s:: "'" ........... ;H,:n ::J: ~ ~ () en :. "C,lO'--, -< "'- ~J..' z'- I ~ w>- 6' "'<. . CXl ~c () >-:.- ::- ~g ::JI: o~ z D '!l ~ z: ~ =< N ~ 0'\ IY] (- ~',t ~; or.' ."~ '; ." ~ . ..~:;~O(t1 -'t.... y:,~" 'o:} f.'H11t-,,,.it;,;~: -j."':' .' 3]m';~;(3 .1omalMI.L;. "...>-.--"