HomeMy WebLinkAbout87-0030
in The COURT OF common Pleas
Of CUMBERLAND countY
~: STATE OF ~ PENNA.
~ ~ .~., KNIGHTEN,
5:'::
~ RODNEY G. ~IGHTEN,
~,,~ .................................................................................
DIVORCE
AND NOW, ........................ ~ ~( 19~'7 it is ordered and ~
decreed that KAREN L. KNIGHTEN plaintiff,
and. RODNEY G. KNIGHTEN
......................................................... 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;
None
LAW OFFICES
SNELBA~ER~
ELICKER & SILVER
KAREN L. KNIGHTEN,
Plaintiff :
:
Vs. :
:
RODNEY G. KNIGHTEN, :
Defendant :
:
IN THE COURT OF CO~ON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 30 CIVIL 1987
IN DIVORCE
TO THE PROTHONOTARY:
PRAECIPE TO TRANSMIT RECORD
Transmit the record, together with the following information, to the
Court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 201(c)
~IL~Lk of the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of the complaint: January 16, 1987 by
certified mail. restricted delivery
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent requi~d by
Section 201(c) of the Divorce Code: by the Plaintiff April ~ 1987
by Defendant April 13, 1987
(b) (1) Date of execution of the Plaintiff's affidavit required by
Section 201(d) of the Divorce Code: ; (2) Da~e of
service of the Plaintiff's affidavit upon the Defendant:
4. Related claims pending: None
E. Robert Elicker, II
Attorney for Plaintiff
KAREN L. KNIGHTEN,
Plaintiff
Vs.
RODNEY G. KNIGHTEN,
Plaintiff
IN THE COUi~T OF CO>~[ON PLEAS OF
CI~IBERL~Xj) COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. JO
IN DIVORCE
1987
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set
orth 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
pr annulment may be entered against you by the court. A judgment may also be
~ntered 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
gou, including custody or visitation of your children.
If the ground for the divorce is indignities or irretrievable breakdown of
:he marriage, you may request that the court require you and your spouse to
~ttend marriage counseling prior to a divorce decree being handed down by the
:ourt. A list of marriage counselors is available in the Office of the
?rothonotary at Cumberland County Courthouse, Carlisle. You are advised that
:his list is kept as a convenience to you and you are not bound to choose a
:ounselor from the list. Ail necessary arrangements and the cost of counseling
essions are to be borne by you and your spouse.
IF YOU DO NOT FILE A CLALM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU .MAY LOSE THE
TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
YOU CAN GET LEGAL HELP.
Court Administrator
Third Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 249-1133
LAW OFFICES
SNELBAKER,
ELICKER & SILVER
SNELBAKER, ELICKER & SILVER
.... orneys for Plaintiff
LAW OFFICES
SNELBAKER,
ELICKER & SILVER
KAREN L. KNIGHTEN,
Plaintiff
Vs.
RODNEY G. KNIGHTEN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO.~ d CIVIL 1987
: IN DIVORCE
COMPLAINT
The Plaintiff in this action is KAREN L. KNIGHTEN, an
adult individual, who currently resides at 1441 Apple Circle,
Apt. 182-A, Mechanicsburg (Lower Allen Township), Cumberland
County, Pennnsylvania, since August 1, 1986.
2.
The Defendant in this action is RODNEY G. KNIGHTEN, an
adult individual, who currently resides at 2515 Morningside N.
E., Lot 21, Albuquerqu~ Bernallio County, New Mexico, since July
1986.
3.
The Plaintiff has been bona fide resident of the
Commonwealth of Pennsylvania for at least six (6) months
immediately previous to the filing of this complaint.
4.
The Plaintiff and Defendant were lawfully joined in
marriage on May 4, 1985 in Albuquerque, Bernallio County, New
Mexico.
5.
There has been no prior actions in divorce or for
annulment between the parties hereto in this or any other
jurisdiction.
6.
The Plaintiff avers as the grounds upon which this action
is based is that:
(a) the Defendant has offered such indignities to
the person of her, the Plaintiff, the innocent
and injured and spouse, as to render her condition
intolerable and life burdensome;
(b) the marriage between the parties hereto is
irretrievably broken.
7.
Plaintiff requests the court to enter a decree of divorce.
I verify that the statements made in the Complaint 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:
BY:
KAREN L. KNyGHTEN
SNELBAKER, ELICKER & SILVER
E. ROBERT ELICKER, IA
Attorney for Plaintiff
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
717-697-8528
-2-
LAW OFFICES
SNELBALER,
ELiCLER & S1LVER
KAREN L. KNIGHTEN,
Plaintiff
Vs.
RODNEY G. KNIGHTEN,
Plaintiff
KAREN L. KNIGHTEN,
;ays:
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. CIVIL 1987
: IN DIVORCE
AFFIDAVIT
being duly sworn according to law, deposes and
1. I have been advised of the availability of marriage counseling and
understand that I may request that the court require that my spouse and I
~articipate in counseling.
2. I understand that the court maintains a list of marriage counselors
in the Office of the Prothonotary, which list is available to me upon request.
3. Being so advised, I do not request that the court requi~e that my
spouse and I participate in counseling prior to a divorce decree being handed
down by the court.
I understand that false statements herein are made subject to the
~enalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to
Luthorities.
Date: //~/~
Karen L. Knight~n
KAREN L. KNIGHTEN,
Plaintiff
Vs.
RODNEY G. KNIGHTEN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 30 CIVIL 1987
: IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF CUMBERLAND)
E. ROBERT ELICKER, II, ESQUIRE, being duly sworn according
to law deposes and says: that he is the attorney for the
Plaintiff in the above captioned action in Divorce; that he did
file a Complaint in Divorce on behalf of the Plaintiff with the
Prothonotary of the Court of Common Pleas of Cumberland County,
Pennsylvania, on January 7, 1987, and received from the
Prothonotary a true and correct copy thereof; that he did send
said true and correct copy to the Defendant, RODNEY G. KNIGHTEN,
at his last known address, to wit: 2515 Morningside N.E., Lot 21
Albuquerque, NM 71110 via certified mail No. P 037 125 034
deposited in the United States Post Office at Mechanicsburg,
Pennsylvania on January 9, 1987, as evidenced by the receipt for
mailing the same which is attached hereto and made a part hereof;
that said certified mail was sent with the instructions to delive
to addressee only; that said Defendant did receive the same on
January 16, 1987, as evidenced by the return receipt card for sai~
certified mail, which card is attached hereto and made a part
hereof; that the foregoing facts are true and correct to the best
of his knowledge, information and belief.
E. Robert Elic~r', II
Sworn to and subscribed before
me this 21st day of January, 1987.
Notary Public
~'r-~ ~ ~
~, ,~,.~.~,'~ ~. Eg!I~I, NOTARY PUg[lC
I~Y COa~;]SS~ON EXPIRE~ FEB. 27,
-2-
P 037 125 034
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
~ey G. Knighten
~tgn~Srningside N.E. ] ot
21
P.Q~ State and ZiP Code
Albuquerque, NM 71110
Postage
Certified Fee
Special Delivery Fee
Restricted Delive~ Fee ~. ~ ~
Return Receipt Showing
to whom and Date Delivered
Return receipt showing to whom,
Date, and Addre~ o__f Deliveu
KAREN L. KNIGHTEN,
Plaintiff
Ve
RODNEY G. KNIGHTEN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 30 CIVIL 1987
CUSTODY
ORDER OF COURT
AND NOW, MARCH 18, 1987, by agreement of counsel for
Karen L. Knighten and Rodney G. Knighten, it is ordered and
directed as follows:
1. Primary custody of Christina S. Knighten, born
November 11, 1985, shall be and remain in the natural mother,
Karen L. Knighten.
2. The natural father, Rodney G. Knighten, shall have
rights of reasonable partial custody with his daughter subject to
conditions to be agreed upon between the parties.
3. Karen L. Knighten shall inform or consult Rodney G.
Knighten with regard to major decisions affecting the child,
including medical care, education, and religious training.
4. Either party may petition the court at any time for
a hearing to determine the terms and conditions for the exercise
of partial custody if the parties are unable to agree upon those
terms.
E. Robert Elicker, II, Esquire
For the Plaintiff
By the Court,
Family Law CLinic
For the Defendant
TELEPHONE 717-243-1294
ATTORNEY AT LAW
TEN WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
April 1, 1987
Judge Harold E. Sheely
Cumberland County Courthouse
Carlisle, PA 17013
RE: Knighten v. Knighten
No. 30, Civil 1987
Dear Judge Sheely:
I have spent approximately 45 minutes as Master on this matter in
reviewing the file and contacting the attorneys. I was advised the husband
agreed to consent to the divorce, and my services as Master would not be
required. Therefore, I would accept a fee of $25.00 in this matter.
Sincerely,
Ruby D. Weeks, Esquire
RDW:sd
cc: E. Robert Elicker, Esquire
Scott Wyland, Student Attorney
LAW OFFICES
SNELBAKER,
ELICKER & SILVER
KAREN L. KNIGHTEN,
Plaintiff
Vs.
RODNEY G. KNIGHTEN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - CUSTODY
:
: NO. JO CIVIL 1987
: CUSTODY
ORDER OF COURT
YOU, RODNEY G. KNIGHTEN, Defendant, have been sued in
Court to obtain custody of the child: CHRISTINA S. KNIGHTEN.
Your are ordered to appear in person at Courtoom No. J
Cumberland County Courthouse, Carlisle, Pennsylvania,
~£~~ J~cT/~, 1987 at /'3o o'clock ~.M. for a
on
hearing.
If you fail to appear as provided by this Order or to
bring the child, an order for custody, partial custody or
visitation may be entered against you or the Court may issue a
warrant for your arrest.
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.
Court Administrator
Third Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 249-1133
LAW OFFICES
SNELBAKER,
ELICKER & SILVER
KAREN L. KNIGHTEN,
Plaintiff
Vs.
RODNEY G. KNIGHTEN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - CUSTODY
:
: NO. 30 CIVIL 1987
:
COMPLAINT FOR CUSTODY
1. The Plaintiff is Karen L. Knighten, residing at 1441
Apple Circle, Apt. 182-A, Mechanicsburg (Lower Allen Township),
Cumberland County, Pennsylvania.
2. The Defendant is Rodney G. Knighten, residing at 2515
Morningside N. E., Lot 21, Albuquerque, Bernallio County, New
Mexico.
3. Plaintiff seeks custody of Christina S. Knighten, born
November 11, 1985, who resides at 1441 Apple Circle, Apt. 182-A,
Mechanicsburg (Lower Allen Township), Cumberland County,
Pennsylvania.
The child was not born out of wedlock.
The child is presently in the custody of Karen L.
Knighten, who resides at 1441 Apple Circle, Apt. 182-A,
Mechanicsburg (Lower Allen Township), Cumberland County,
Pennsylvania.
Since birth the child has resided with the following
persons and at the following addresses:
Persons Addresses Dates
Karen L. Knighten and 2515 Morningside N.E., November 11,
Rodney G. Knighten
Karen L. Knighten and
Rodney G. Knighten
Karen L. Knighten and
Jan and Clair Rice
Karen L. Knighten
Lot #21, Albuquerque,
Bernallio County, New
Mexico
1985 to
January 1986
Florita Trailer Park,
Socorro, Socorro County,
New Mexico
Janaury 1986
to June 27,
1986
11 S. Filbert Street, June 27, 1986
Mechanicsburg, Cumberland to August 1,
County, Pennsylvania 1986
1441 Apple Circle, Apt.
182-A, Mechanicsburg
(Lower Allen Township),
Cumberland County,
Pennsylvania
August 1, 198~
to the present
time
The mother of the child is Karen L. Knighten, currently
residing at 1441 Apple Circle, Apt. 182-A, Mechanicsburg (Lower
Allen Township), Cumberland County, Pennsylvania.
She is married.
The father of the child is Rodney G. Knighten,
currently residing at 2515 Morningside N. E., Lot 21,
Albuquerque, Bernallio County, New Mexico.
He is married.
4. The relationship of Plaintiff to child is that of
mother. The Plaintiff currently resides with no persons other
than her daughter, Christina S. Knighten.
0
father.
6.
The relationship of Defendant to child is that of
The Defendant currently resides with a male cousin.
Plaintiff has not participated as a party or witness,
-2-
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 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.
7. The best interest and permanent welfare of the child
will be served by granting the relief requested because:
(a) Since the birth of the child the Plaintiff has
provided continuing care for the child and can
continue to do so;
(b) The Plaintiff is able to provide a stable home
environment for the child and has secured employ-
ment with a regular income;
(c) The Defendant by his past conduct has not acted
responsibly with respect to the child especially
when he is under the influence of alcohol and
drugs.
8. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child have been named as parties to this action.
WHEREFORE, Plaintiff requests the court to grant custody of
-3-
the child.
SNELBAKER, ELICKER & SILVER
By: ~
E. Robert Elicker, Esquire
Attorney for Plaintiff
44 West Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
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. § 4904 relating to
unsworn falsification to authorities.
Karen L. Knighten
(SEAL)
-4-
KAREN L. KNIGHTEN,
vs.
MMTCWTEN,
CIVIL ACTION - LAW
Plaintiff : IN DIVORCE
:
:
:
:
De fendant : NO. 30 CIVIL 19 87
:
MOTION FOR APPOINTMENT OF MASTER
WAR~N L. KNIGHTEN, (Plaintiff) ~P~, moves the court to appoint
a master with respect to the following claims:
(x) Divorce ( ) Distribution of Property
( ) Annulment ( ) Support
( ) Alimony ( ) Counsel Fees
( ) Alimony Pendente Lite ( ) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the
appointment of a master is requested.
(2) The defendant ~L~ (has not) appeared in the action (personally)
(by his attorney, ,Esquire).
(3) The staturory ground(s) for divorce (is) (are) 201(a)(6)
following claims:
(4) 'Delete the inapplicable paragraph(s):
(b) An agreement has been reached with respect to the
None
claims: ?rtl(ail6)
(c) The action is contested with respect to the following
or fact.
(5) The action ~I~L~L~ (does not involve) complex issues of law
(6) The hearing is expected to take 1/2 ~ (day~).
(7) Additional information, if any. relevant to the motion:
Date: ~eb~-~ 5. ~987
iiA, ttorney for (Plaintiff)
E. Robert Elicker,
l~ ORDER APPOINT~N. G MASTER
is appointed master wi~h respect to thevfol~wing claims;
By t~/ourt: ~-
J
CUMBERLAND COUNTY, ss:
THE COMMONWEALTH OF PENNSYLVANIA,
{Commission to take Testimonyl
................................................ GREETING:
Know you that in confidence o£ your prudence and fidelity, we have.
appointed you, and by these presents do ~ve unto you full power and
author/t¥, in pursuance of an order made in our County Court of
Common Pleas for the County of Cumberland in a certain cause there
depending wherein ............................................
............................... 4¢&,r-~ n- - ~,-- 44n 4_~-hk-~ er ................ Plaintiff ................
and ............................................................................................
............................... _R_ _o_d_ _n_e_.y_ _G_ j_ _ K~X ~&aja ........................................
............................. Defendant , to call ................................................
before you at a ceztain day and place by you for that purpose to [~e appOinted, all and every person who rnav
be named by you on the part of the ..... _P_i__a_J-__n_~c_i_~_f___a__n_cl___D_e__f_e__n_d__a_n_-15_ ..............................
as witnesses in the said cause, and then and there to examine each of the said witnesses upon their oath or
solemn affirmation touching the premises, and reduce their testimony to writing; and when you shall have done
so, you are to send the same before our Judge at Carlisle, at our said Court, together with this writ and a report
of the proceedings before you and your opinion of the case under your hand and seal.
IN TESTIMONY WHEREOF, we have caused the seal of our said Court to be hereunto affixed.
WITNESS, the honorable ...... _H__a_r__o_l__d_.E_z___S.h__~_o__]...y_,_ ...... President Judge of our said
Court at Carlhle the __2_7.1;Jl ............ day of ___E~-._b.r.~.z::!/_ .............. in the year of our Lord
one thousand nine hundred _e.j~ ~-¥--~ ve n. ·
Dap u t y Prothonotary.
To the Honorable the Judge.
The execution of this commission appears ina certain sched~le/her?nto annexed.
......................................... (Seal)
Master.
KAREN L. KNIGHTEN,
Plaintiff
V
RODNEY G. KNIGHTEN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 30 CIVIL 1987
ORDER OF COURT
AND NOW, April 2, 1987, the court being notified that
the husband has agreed to consent to the divorce, the appointment
of Ruby D. Weeks, Esquire, as Master is vacated. After
deducting fees payable to the Prothonotary, plus the sum of
$25.00 to the Master for her services, the balance of the sum
deposited with the Prothonotary shall be returned to E. Robert
Elicker, II, Esquire, counsel for the plaintiff.
By the Court,
Harold E. Sheely, P.J. ~'~
Ruby D. Weeks, Esquire
Master
E. Robert Elicker, II, Esquire
For the Plaintiff
: pbf
SNELBAKER,
ELICKER & SILVER
KAREN L. KNIGHTEN, :
Plaintiff :
:
VS. :
RODNEY G. KNIGHTEN, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 30 CIVIL 1987
IN DIVORCE
AFFIDAVIT OF CONSENT
filed on
2.
A Complaint in Divorce under Section [!01(c) of the Divorce Code was
January 7, 1987.
The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of filing of the Complaint.
3. I consent to the entry of a final decree of divorce.
4. 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.
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. § 490~ relating to unsworn f~!sifi¢.a~ion to authorities.
Date: April'S,, 1987 (~j'~ L.~-~"/~C'C~_'"~ ~)//~/~),
Kamen L. Knife'an -----7~--
LAW OFFICES
SN ELBAK~ER,
ELICKER 8{ SILVER
KAREN L. KNIGHTEN, :
Plaintiff :
:
Vs. :
:
RODNEY G. KNIGHTEN, :
Defendant :
IN THE COURT OF COFfMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 30 CIVIL 1987
IN DIVORCE
AFFIDAVIT OF CONSENT
filed on
2.
A Complaint in Divorce under 5action 201(c) of the Divorce Lode was
January 7, 1987.
The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of filing of the Complaint.
3. I consent to the entry of a final decree of divorce.
4. 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.
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 authc~ities.
Date ~ ~~_-~
G. Kni gh~n
KAREN L. KNIGHTEN,
Plaintiff
Vs.
RODNEY G. KNIGHTEN,
Defendant
RODNEY G. KNIGHTEN,
:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 30 CIVIL 1987
: IN DIVORCE
AFFIDAVIT
being duly sworn according to law, deposes and
1. I have been advised of the availability of marriage counseling and
understand that I may request that the court require that my spouse and I
~articipate in counseling.
2. I understand that the court maintains a list of marriage counselors
~n the Office of the Prothonotary, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my
spouse and I participate in counseling prior to a divorce decree being handed
down by the court.
I understand that false statements herein are made sUbject to the
~enalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to
Date:
'/~odneY G. Knigh ~n
LAW OFFICES
SNELBA~ER,
ELICKER & SILVER