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HomeMy WebLinkAbout05-6322 GAYLE E. CHRISTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005- to3~~ CIVIL TERM CIVIL ACTION-LAW IN DIVORCE JOHN B. CHRISTMAN, 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 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 Cwnberland County Court House, Carlisle, Pennsylvania. 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 MA Y 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717)249-3166 GAYLE E. CHRISTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005- fs,3~"J-.... CIVIL TERM JOHN B. CHRISTMAN, Defendant CIVIL ACTION-LAW IN DIVORCE DIVORCE COMPLAINT I. Plaintiff is Gayle E. Christman, an adult individual who currently resides at 418 A Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is John B. Christman, an adult individual who currently resides at 67 F Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing ofthis Complaint. 4. The Plaintiff and Defendant were married on October 28, 2000, in Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs I through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised ofthe availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 9. PJaintiffrequests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT I1-EOUlTABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs I through 9 above. II. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT III - CUSTODY 12. Plaintiff hereby incorporates by reference paragraphs I through II above. 13. The plaintiff is Gayle E. Christman, an adult individual residing at 418 A Street, Carlisle, Cumberland County, Pennsylvania. 14. The defendant is John B. Christman, an adult individual residing at 67 F Street, Carlisle, Cumberland County, Pennsylvania. 15. Plaintiff seeks custody of the following children: Madison Bailie Christman, born November 24,2001 and Emma Caitlin Christman, April 22, 2004. The children were born in wedlock. The children are presently in the custody of Plaintiff at 418 A Street, Carlisle, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates John B. Christman 67 F Street Carlisle, Pennsylvania July, 2005 to present Gayle E. Christman 418 A Street Carlisle, Pennsylvania July, 2005 to present John B. Christman Gayle E. Christman 2 Nelson Drive Carlisle, Pennsylvania March, 2004 to July, 2005 John B. Christman Gayle E. Christman 16 Bentley Place Carlisle, Pennsylvania November, 2001 to March, 2004 The natural father of the children is John B. Christman, currently residing at 67 F Street, Carlisle, Cumberland County, Pennsylvania. He is married to the Plaintiff. The natural mother of the child is Gayle E. Christman, currently residing at 418 A Street, Carlisle, Cumberland County, Pennsylvania. She is married to the Defendant. 16. The relationship of the Plaintiff to the children is that of natural mother. The plaintiff currently resides with the following persons: Names Relationship Madison Bailie Christman daughter Emma Caitlin Christman daughter 17. The relationship of the Defendant to the children is that of natural father. The defendant currently resides with the following persons: Names Relationship NONE 18. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other 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 or claims to have custody or visitation rights with respect to the children. 19. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary physical custody of the children. Respectfully submitted, David A. Baric, Esquire 1.0. # 44853 19 West South Street Carlisle, PAl 70 13 (717) 249-6873 ?;i;J;;;ERE Attorney for Plaintiff dab.dir/domestic/christman/divorcecomplaint.pld , < VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: /'4/ 7/0~ I I ~0.~ / Glyle E. Christman (J ~fl - ~ \) ...... V'\ ~~ -<G. -"i. ~ ~~:c ~ -:- ? ~ fr1 () \) tf) '\) \) 10 () \ I \ ~~~ F r -E Cf- {- t ,-\ ,-,.- , \" ~ (, J / \-J . ~ 5- c. ------.. -,---~----~ 'I ! I GAYLE E. CHRISTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-6322 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE v. JOHN B. CHRISTMAN, Defendant ACCEPTANCE OF SERVICE AND NOW, this 11 day of December, 2005, I, John B. Christman, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1930 (d) and acknowledge receipt of a true and attested copy of said Complaint. 1SC3 John B. Christman C,:: (.~) -i-l ~;-"1 C'"I ~::::,; C,-" -'~ (:';.; c) --------- II .. I 17 FES 1 6 2000; l' ',C GAYLE E. CHRISTMAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-6322 CIVIL TERM JOHN B. CHRISTMAN, Defendant CIVIL ACTION-LAW IN CUSTODY Ii II Stipulation and Agreement as an Order of Court, with respect to the following children: Madison II i I ~ O~EROFCOURT AND NOW, this IT day of r~ 2006, the Court adopts the following Baille Christman, born November 24, 2001 and Emma Caitlin Christman, born April 22, 2004 (hereinafter referred to as "children"). 1. Mother and Father shall have shared legal custody of the children. 2. Mother and Father shall have shared primary physical custody ofthe children. 3. Mother and Father shall alternate physical custody of the children on a week to week basis starting Sunday at noon and continuing until the following Sunday at noon. II II II overnight with the children during the other parties period of physical custody. Ii 4. The party not exercising physical custody of the children shall be entitled to one 5. The party exercising physical custody of the children shall allow the children to have liberal telephone contact with the other party. 6. Father shall have physical custody ofthe children each father's day from 9:00 a.m. until 5:00 p.m. 7. Mother shall have physical custody of the children each mother's day from 9:00 a.m. until 5:00 p.m. ',I .... 8. Thanksgiving, Christmas, Easter and the children's birthdays shall be split into two parts. The first part shall be from 9:00 a.m. until I :00 p.m. and the second part shall be from 2:00 p.m. to 6:00 p.m. Mother shall have the earlier period in even numbered years and the later period in odd numbered years. 9. The parties shall have the children at such other times as the parties from time to time agree. 10. The party receiving custody in the exchange of the children shall be responsible to pick the children up at the other party's residence or at such location as the children are present, as the case may be. II. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health and well being of the children are protected. 12. The parties shall not do anything which may estrange the children from the other parties, or injure the opinion ofthe children as to the other parties or which may hamper the free II II I I II I and natural development of the children's love or affection for the other parties. 13. The parties agree that neither one of them shall relocate outside ofthe Carlisle School District without mutual agreement. 14. For tax purposes, Madison shall be considered a dependent of Father and Emma shall be considered a dependent of Mother. 15. The parties may deviate from this schedule when the best interests of the children requires them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. II 16. The parties acknowledge that they have read and understand the provisions afthis Agreement. J. //~ ~.. ",'..b P j- {l-D& l.. I ,~-<..L-<,,---, yt5 I II ! I I II II , . \\\ '.'.\. ,r'" ; . .\'yJ . \ . ('\-:, ) t.\ ,.,y' \1 - GAYLE E. CHRISTMAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-6322 CIVIL TERM JOHN B. CHRISTMAN, Defendant CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION is entered into the 15th day of February, 2006, by and between John B. Christman (hereinafter referred to as "Father") and Gayle E. Christman (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of the children, Madison Baille Christman, born November 24,2001 and Emma Caitlin Christman, born April 22, 2004 (hereinafter referred to as "Children"); and, WHEREAS, the parties are separated; and, WHEREAS, the parties wish to enter into an agreement relative to the custody of their children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. Mother and Father shall have shared legal custody of the children. 2. Mother and Father shall have shared primary physical custody of the children. 3. Mother and Father shall alternate physical custody ofthe children on a week to week basis starting Sunday at noon and continuing until the following Sunday at noon. 4. The party not exercising physical custody ofthe children shall be entitled to one overnight with the children during the other parties period of physical custody. II ,- 5. The party exercising physical custody of the children shall allow the children to have liberal telephone contact with the other party. 6. Father shall have physical custody ofthe children each father's day from 9:00 a.m. until 5:00 p.m. 7. Mother shall have physical custody of the children each mother's day from 9:00 a.m. until 5:00 p.m. I II II II two parts. The first part shall be from 9:00 a.m. until 1 :00 p.m. and the second part shall be from II I I I I 8. Thanksgiving, Christmas, Easter and the children's birthdays shall be split into 2:00 p.m. to 6:00 p.m. Mother shall have the earlier period in even numbered years and the later period in odd numbered years. 9. The parties shall have the children at such other times as the parties from time to time agree. 10. The party receiving custody in the exchange of the children shall be responsible to pick the children up at the other party's residence or at such location as the children are present, as the case may be. 11. The parties will keep each other advised immediately relative to any emergencies conceming the children and shall further take any necessary steps to insure that the health and well being of the children are protected. 12. The parties shall not do anything which may estrange the children from the other parties, or injure the opinion of the children as to the other parties or which may hamper the free and natural development of the children's love or affection for the other parties. 13. The parties agree that neither one of them shall relocate outside of the Carlisle School District without mutual agreement. .- 14. For tax purposes, Madison shall be considered a dependent of Father, and Emma shall be a dependent of Mother. 15. The parties may deviate from this schedule when the best interests of the children requires them to do so, however, in the absence of an agreement, the terms of this agreement shall be controlling. 16. The parties acknowledge that they have read and understand the provisions of this I i\greement. I IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms ~ @~' day @dY'''Mil"," below. . {!)f,;~i~-t J~I/L; a"r - John B. Christman - I I ! I I da b.dir/domestic/christman/custody.stp GA VoLE E. CHRISTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-6322 CIVIL TERM JOHN B. CHRISTMAN, Defendant CIVIL ACTION-LA W IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry 01' a I di vorce decree: II I. Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Defendant signcd an Acceptance 0 I' Service form on December 17,2005. 3. (Complete either paragraph (a) or (h).) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff March 22, 2006 by the defendant March 22, 2006 (b) (1) II the di vorce code ,I Date of execution of the plaintiffs affidavit requircd by Section 330 I (d) of N/A (2) Date of service of the plaintiffs affidavit upon the defendant N/A 4. Related claims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praccipe to transmit record, a copy of which is attached: (b) Date plaintiffs waiver of notice in Section 3301 (c) divorce was tiled with the Prothonotary: March 22, 2006 Date defendant's waiver of notice in Section 3301(c) divor was filed with the Prothonotary: March 22 2006 David A. Baric, Esquire Attorney for Plaintiff, Gayle E. Christman C) -n -:- ~~-' -- :::;:'1 [....., ('"- ....) II GAYLE E. CHRISTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2005-6322 CIVIL TERM (') c:. t-~" C~ .:;;;:-.:> c-... JOHN B. CHRISTMAN, Defendant CIVIL ACTION-LA W IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 330H c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 12, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Date: OJ/J~/O& / I CA't :;:::;0 :;:;'J [',) ,J;:" C) -01 .--1 '1" f1"'";p F1 C'":l -, '~T, ;';'G~ '> ~D .< r::' II I GA YLE E. CHRISTMAN, Plaintiff IN THE COURT OF COMMON PLFAS OF CUMBERLAND COUNTY, PENNSYLVANIA o ~ c: E:~ NO. 2005-6322 CIVIL TERM _", :;',:,," :;:"'-::i v. JOHN B. CHRISTMAN, Defendant CIVIL ACTION-LA W IN DIVORCE ['-,) "'- DEFENDANT'S AFFlDA VIT OF CONSENT, ACCEPT ANCE OF2 SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE J. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 12, 2005. 2. Defendant acknowledges receipt and accepts service of the Complaint on December 17,2005. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights concerning alimony. division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 6. 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 immediately atier it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counsel ing and understand that I may request that the court require counseling. I do not request that the court require counseling. I veri tY 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. Date: ,-, //1' Ie- I '"'c> ';')'1) U'D ( / --\~ '- ~ ( \ John B. Christman " ) " 0._.........._,""" o ., --1 ~~~ (:"? ~,~) ""1 " .....> >~~rl ,;.~ 'D '< .,.r:- '+':+.;+:;+:;+::+; . . . . ... .. . ~:+;~:+;~:+.~;+:~;+:+~:+;~:+;~:+.:+.:+;:+;:+;+:+;+ ++:+.:+.++:+.+:+.:+.:+.:+.~:+.+ . . . . . . . . . . . . . . . . . . . . . . . + . . .. . +:+.++:+::+; ~ ~:+. +:;;,:+. Of. IN THE COURT OF COMMON PLEAS . . OFCUMBERLANDCOUNTY . . . PENNA. STATE OF . + . . . . + . . + , , . GAYLE E. CHRISTMAN, 2005-6322 CIVIL PLAINTIFF No. VERSUS . . , . , . . , + , + . . . . . JOHN B. CHRISTMAN, DEFENDANT DECREE IN DIVORCE ~ w % ,+ . + + + + . . . . . + . . . . . . . . . . , . + . . + . + . + + . + + . + , . . AND NOW, M~ ;;k' 0=1 3:3 If I, tIVI . ,)01)4 , IT IS ORDERED AND GAYLE E. CHRISTMAN , PLAINTIFF, DECREED THAT CHRISTMAN JOHN B. , DEFENDANT. AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE +:+.+:+. ++ot:+++:f+:f + . + + . . . . . + + . . + :f+ +:+. Of "':+.:+. -;- . + . . . . + . ++:+:++++:+ THONOTARY :+:++:+':f:f+:+:+:+:++:+:+:+:,+,+,+,,+,+,+,++++++++~:+;++++++:f'+'+++++ . . . . , + . + . + . . . . . . . . . . + . , + + . . . . . . . J. . . , . . . . . . . . . . . . . . . . + . + . . . . . . . . . . . . . A. .1 ''1 ~"J.yYf ?~:t? . L/ 1'1J -4' Fe , -^".' ,('.J~ ?en (. ff. ~t' 'Ie' I"'tl{;/.J f ~ .rrn-f/' tz:.7 r F 7 / - " , . .. .w :7() 4e f \. 1& 6(' f' -----