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Home My WebLink About05-6685 HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF MELVIN L. WELSH, III, Plaintiff : IN THE COURT OF COMMON PLEAS OF THE : CUMBERLAND COUNTY, PENNSYLVANIA v. LINDSEY K. WELSH, Defendant : CIVIL ACTI~. ,!.AW : NO. 2005 - ~) CIVIL TERM : IN 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other c1airn 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 MELVIN L. WELSH, III, : IN THE COURT OF COMMON PLEAS OF THE Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : : CIVIL ACTION - ~W LINDSEY K. WELSH, : NO. 2005 - Gl. f ~ CIVIL TERM Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301~ OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is MELVIN L. WELSH, III, an adult individual residing at 640 Mickey Inn Road, Lot 28, Chambersburg, Franklin County, Pennsylvania 17201. 2. The defendant is LINDSEY K. WELSH, an adult individual residing al1 Mt. Zion Road, Carlisle, Cumberland County, Pennsylvania 17013.. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on October 11, 2004 in Greencastle, Franklin County, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301 (c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein rnade are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. HAROLD S. IRWIN, '" Attorney for Plaintiff tzr December 11. 2005 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 MELVIN L. WELSH, III, Plaintiff : IN THE COURT OF COMMON PLEAS OF THE : CUMBERLAND COUNTY, PENNSYLVANIA v. : LINDSEY K. WELSH, Defendant : CIVIL ACTION - ~W : NO. 2005 - i c; yf CIVIL TERM : IN DIVORCE PLAINTIFF"S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 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 participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. December'ld, 2005 m:- iff HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF MELVIN L. WELSH, III, Plaintiff : IN THE COURT OF COMMON PLEAS OF THE : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW 0'" LINDSEY K. WELSH, : NO. 2005. ~1. I) CIVIL TERM Defendant : IN DIVORCE CONSENT TO VENUE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA We, Melvin L. Welsh, III, plaintiff, and Lindsey K. Welsh, defendant, do hereby agree that venue in this divorce proceeding shall be in the Court of Common Pleas of Cumberland County, Pennsylvania. This agreement shall be attached to the original complaint to be filed by the plaintiff in this matter. December G, 2005 PLAINTIFF ME December 20, 2005 DEFENDANT ~ ~ ""- ~ 9v 9-..) a. -t. ~ 'J. - ~ ~ ~. ----- ~ \:::) "'0 --= ~ \-\ -, ~ =:,' o ~' r-> <g, <f' Cl rn c-> ,..., - ~ -> e s:{, :?-f\ P'f'=- ~p-, -'.10 i:),(~~ ,__,. --1', :.....n ~_?C) .,c'" j'f\ S -,~ S:l .:<:. <-? "" v::> MELVIN L. WELSH, III, : IN THE COURT OF COMMON PLEAS OF THE Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : : CIVIL ACTION - LAW LINDSEY K. WELSH, : NO. 2005 . 6685 CIVIL TERM Defendant : IN DIVORCE ACCEPTANCE OF SERVICE \, Lindsay K. Welsh, defendant in this divorce action, hereby certify that I received a copy of the complaint in divorce on or about December &1-,2005 by U.S. mail. I verify that the statements made in this acceptance of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. e.s. Section 4904 relating to unsworn falsification to authorities. 4-1'" January _ ' 2006 ~ i rr.!,Pj I.. , Walsh NDS6Yi K. WELSH ..-..---'_.'- -" --.--.- --r" I - f"-.,:'J c;~) ".:._~ <;;.:r'" n -~l <- ;c'" ::::: I cD o L' 0> - -~.-".^""'~..~ MELVIN L. WELSH, III, Plalntl" : IN THE COURT OF COMMON PLEAS OF THE : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW LINDSEY K. WELSH, : NO. 2005. 6685 CIVIL TERM Defendant : IN DIVORCE COMPLAINT NOW comes the plaintiff, MELVIN L. WELSH, III, by his attorney, Harold S. Irwin, III, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is MELVIN L. WELSH, III, an adult individual residing at 640 Mickey Inn Road, Lot 28 Chambersburg, Franklin County, Pennsylvania 17201. 2. The defendant is LINDSAY K. WELSH, an adult individual residing at 1 Mt. Zion Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the parents of a minor child, namely Sebastian J. Welsh (born February 26, 2005, age 11 months). 4. The child resided with both parties from the time of his birth until their separation on October 26, 2005. After the separation the parties shared physical custody, but since about January 15, 2006, the defendant has denied all contact between the plaintiff and the child. 5. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation conceming the custody of the child in this or another court. Plaintiff has no information of any other custody proceeding concerning the child pending in a court of this Commonwealth. '- 6. 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. Plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child and that the parties have joint physical custody as well, with each parent enjoying equal periods of time with the child on a week on / week off basis. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the child as aforesaid. HAROLD S. IRWIN, III Attorney for Plaintiff February 1, 2006 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the acts set forth in this petition 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. February 1, 2006 (:> <J:. C) r'~.) r ;.0~ , , () co -l'l ""'l :;:1 r'",-l - , .. C0 11-\ c '" "- I --l c"\ ...!,' ..';> ~ 0 '" <>oc,' C' -'.-., ~ G ~ ~ (.') ../ (n :0 C! .< .. ~ MELVIN L. WELSH. III PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS YL VANIA V. 05-6685 CIVIL ACTION LAW LINDSEY K. WELSH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 09, 2006 , upon considerat;o]] of the attached Complaint. it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. . the conciliator, at 4tb Floor, Cumberland Co~.~oUl:t-'!ouse" Carlisle on Thursday, March 02, 2006 at ~2:~_AM for a Pre-Hearing Custody Conference. At such eonferencc, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished. to denne 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 tor entry of a temporary or pennanent order. The court herehy directs the parties to fUl'nish any' and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin\!. FOR THE COURT. By: _ /s/ Hubert X Gilrov, Esq. Custody Conciliator , )1.1,11 \' . , 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 Soutb Bedtord Street Carlisle. Pennsylvania 17013 Telephone (7 I 7) 249-3 I 66 .~ /~.j;L r'1?' rY i#,7 /0 --/~j"f?.o.rl . ' ,,-~. pP:3? ~ 77--RlL, ~..y~ fp; :z /{rP7f/ ~.tf;;7 -~ :; \) :2 '.11 0 \ \D;\ SGl\I 'J,? vf - C' "?v - of - (" ';7v- vl'-e R:::CEIVED MAR 0 'I 2,/ MELVIN L. WELSH, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v NO. 05-6685 CIVIL ACTION - LAW LINDSEY K. WELSH, Defendant IN CUSTODY ORDER v-~ AND NOW, this ~ day of March, 2006, upon the Conciliator being advised that the parties have reached an agreement and desire to cancel the conciliation conference, the conciliation conference scheduled for March 2, 2006 is cancelled and the Conciliator relinquishes jurisdiction. Hubert X. Gilr ,Esquire Custody Co iliator n~l: .- . ,. . I . ~~- G