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HomeMy WebLinkAbout02-1390MARKUS L. TURNER, Plaintiff VS. SONYA M. TURNER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 0.~ -/3 ,;'o Civil Term : : ACTION IN DIVORCE : 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A D1VORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 2 Liberty Avenue Carlisle, Pa. 17013 (717) 249-3166 MARKUS L. TURNER, Plaintiff VS. SONYA M. TURNER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. Oa.13qo Civil Term : : ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiffis Markus L.Turner, a competent adult individual, who resides in Brooklyn, New York. 2. Defendant is Sonya M. Turner, a competent adult individual, who resides at 1338 Grandview Court, Carlisle, Pennsylvania. 3. Defendant has been a bona fide resident of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on August 9, 1996 in Denmark. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiffhas been advised that counseling is available and that plaintiffmay have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have two children together, namely, Markus L. Turner, Jr., date of birth, 4-25-97, and Maya M. Turner, date of birth, 9-18-01. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Defendant is not a member of the A~-med Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Respectfully submitted, 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF MARKUS L. TURNER, Plaintiff VS. SONYA M. TURNER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 1390 Civil Term 2002 : : ACTION IN DIVORCE AFFIDAVIT OF SERVICE OF NOTICE TO DEFEND AND COMPLAINT AND NOW, this April 8, 2002, I, Jane Adams, Esquire, hereby certify that on March 30, 2002, a true and correct copy of the NOTICE TO DEFEND AND COMPLAINT were served, via certified mail, restricted delivery, return receipt requested, addressed to: Sonya M. Turner 1338 Grandview Court Carlisle, Pa. 17013 DEFENDANT Respectfully Submitted: ~squire 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF MARKUS L. TURNER, Plaintiff VS. SONYA M. TURNER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 1390 Civil Term 2002 : : ACTION IN DIVORCE STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this/~/'~dday of ~/./fod'~, 2002, by and between Sonya M. Turner, (hereinafter referred to as "Mother"), and Markus L. Turner, (hereinafter referred to as "Father"); WITNESSETH: WHEREAS, Mother and Father are the natural parents of two (2) minor children, Markus Turner, Jr., date of birth April 25, 1997, and Maya M. Turner, date of birth September 18, 2001, and; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. l~,gal_C31ttad~ Mother shall have primary legal custody of the minor children, Markus Turner, Jr., and Maya M. Turner. Both parents shall be entitled to equal access to the children's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of the children's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Notwithstanding that both parents shall share legal custody, non-major decisions involving the children's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement. 2. Residential Custody. Mother shall have primary physical custody of the children. 3. P~RI:iiltLC~tI~ Father shall have liberal visitation with the children as mutually agreed by the parties. Father's periods of visitation shall include at least one weekend per month, to start on Friday evening at 6:00 p.m., and last through Sunday evening at 6:00 p.m. Father shall have fourteen days of uninterrupted vacation time with the children during the summer. Father shall give at least two weeks notice to Mother regarding this visitation. The parties may agree to additional holiday, weekend, or weekday visits not specifically included in this agreement. 4. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the children have for the other parent and neither parent shall, in the present of the children, make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the children's education and social adjustment. Each party agrees to keep the other infmmed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the children will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the children. 5. Illness of the Children. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the children at any time, any party then having custody of the children, shall communicate with the other party by telephone or any other means practicable, informing ther other party of the nature of the illness or emergency, so the other parent can become involving in the decision making process as soon as possible. During such illness, each party shall have the right to visit the children as often as he or she desires, consistent with the medical care of the children. 6. Welfare of the Children to be Considered. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Agreement. 7. Binding effect. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective successors, executors, administrators, heirs, personal representatives, and assigns. 8. ~ This Agreement shall be governed and controlled by the laws of Pennsylvania. 9. Amendment. No term or provision of this Agreement may be modified or amended, except by means of a written instrument executed by the parties hereto. 10. ~ Section and paragraph headings in this Agreement are included for the convenience of reference only and shall not constitute part of this Agreement for any other purpose. 11. Background. The background provisions to this Agreement set forth above (including, without limitation, all defined ten,,s set forth above) are hereby incorporated in this Agreement and made a part hereof as if set forth intheir entirety in this Section. 12. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necesssity of a Court heating. 13. F. dzlir, e~Agl:te~a~ This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. COMMONWEALTH OF PENNSYLVANIA ) BOROUGH OF -- ):ss COUNTY OF ) On this, the /~'~day of ~-"-w [~r"---, 2002, before me, the undersigned officer, personally appeared ~g:rnt~ ~.,'v~ ~ known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m. JL.h. and and offici$1rs~. ~y co~J~sion expires~=~~ COMMONWEALTH OFPm,~r~ SYL~v'ANIA BOROUGH OF COUNTY OF F/Ci F/ 4_ SEAL ) ):SS ) On this, the/,1~ day of ~ ,2002, before me, the undersigned officer, personally appearedfl.~. ~C.t,(~ ,~ t7~a/.~_ . ~ known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notar~ Public ' My commission expires: ~~.~.~ ~00 / SEAL MARKUS L. TURNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 1390 CivilTerm 2002 SONYA M. TURNER, Defendant · ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on March 21, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.$. 4904, relating to unsworn falsification to authorities. S'~ ~Defendant Date: ~ /~ ~ ~),:~._.. -'' artier, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER {3301{¢) OF THE DIVORCE CODF 1. I consent to 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 I 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.$. §4904 relating to unsworn falsification to authorities. Sonya/~ Turn~r, Defendant MARKUS L. TURNER, Plaintiff VS. SONYA M. TURNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 1390 CivilTerm 2002 : ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on March 21, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the 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 corre~'t. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~90~, r~lating to unsworn falsification to authorities. ,~ / / - I~rl~§ L TuYner, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301~c~ OF THE DIVORCE CODF 1. I consent to entry of a final decree of divome without notice. 2. 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. 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 correc23 I understand that false ~otaat:~h:~tt~esherein are made subject to the penalties of 18 Pa.C.S. §4,~ ~lt?~ti~ to unsworn falsification Date: ?.~/~'f~"'~ ~M //~~' a~ku~ ~, ~ ~r, Defendant MARKUS L. TURNER, Plaintiff VS. SONYA M. TURNER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 1390 Civil Term 2002 : : ACTION IN DIVORCE AND NOW, this '~ day of ,2002, having reviewed the agreement between the parties dated July 18, 2002 it is hereby ORDERED and DECREED that ORDER of CouP(. the agreement shall be entered as an ~k,,~q.~.~,,,~_ __//,"_ J. MARKUS L. TURNER, Plaintiff VS. SONYA M. TURNER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 1390 Civil Term 2002 : : ACTION IN DIVORCE STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this /~'7~ day of ,2002, by and between Sonya M. Turner, (hereinafter referred to as "Mother"), and Markus L. Turner, (hereinafter referred to as "Father"); WITNESSETH: WHEREAS, Mother and Father are the natural parents of two (2) minor children, Markus Turner, Jr., date of birth April 25, 1997, and Maya M. Turner, date of birth September 18, 2001, WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. ].&Y,~.C~I~C0~ Mother shall have primary legal custody of the minor children, Markus Turner, Jr., and Maya M. Turner. Both parents shall be entitled to equal access to the children's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of the children's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Notwithstanding that both parents shall share legal custody, non-major decisions involving the children's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement. 2. Residential Custody, Mother shall have primary physical custody of the children. 3. Partial Custody. Father shall have liberal visitation with the children as mutually agreed by the parties. Father's periods of visitation shall include at least one weekend per month, to start on Friday evening at 6:00 p.m., and last through Sunday evening at 6:00 p.m. Father shall have fourteen days of uninterrupted vacation time with the children during the summer. Father shall give at least two weeks notice to Mother regarding this visitation. The parties may agree to additional holiday, weekend, or weekday visits not specifically included in this agreement. 4. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the children have for the other parent and neither parent shall, in the present of the children, make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the children's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the children will be in for a period in excess of forty-eight (48) hours, and for each person or entity which ma>' provide daycare for the children. 5. Illness of the Children, Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the children at any time, any party then having custody of the children, shall communicate with the other party by telephone or any other means practicable, informing ther other party of the nature of the illness or emergency, so the other parent can become involving in the decis(on mal(ing process as soon as possible. During such illness, each party shall have the right to visit the children as often as he or she desires, consistent with the medical care of the children. 6. Welfare of the Children to be Considered- The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Agreement. 7. Bin~ This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective successors, executors, administrators, heirs, personal representatives, and assigns. 8. v~a0~g],~ This Agreement shall be governed and controlled by the laws of Pennsylvania. 9. Amendment. No term or provision of this Agreement may be modified or amended, except by means of a written instrument executed by the parties hereto. 10. Headin_~ Section and paragraph headings in this Agreement are included for the convenience of reference only and shall not constitute part of this Agreement for any other purpose. 11. ~ The background provisions to this Agreement set forth above (including, without limitation, all defined terms set forth above) are hereby incorporated in this Agreement and made a part hereof as if set forth intheir entirety in this Section. 12. ~ The parties agree that this Agreement may be adopted as an Order of Court without the necesssity ora Court hearing. 13. ~ This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. COMMONWEALTH OF PEN2qSYLVANIA ) BOROUGH OF -. ):ss COUNTY OF ) On this, the/~_~day of ~---'c,'/~-'~, 2002, before me, the undersigned officer, personally appeared ~rT'n~f.., ~r-ov-l,~ ~ known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set mj~hand and officiO. ' - My co~ission expires: SEAL W TNESd COMMONWEALTH OF- }- v_.~J~/~ y-~v'ANIA ) BOROUGH OF ):ss COUNTY OF F/~'i.~lz~/.._ ) ~ ,2002, before me, the undersigned officer, On this, the of personally appeared,~,~j.. [t.q ~ 2 t,,,,~__ . ~ known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: SEAL MARKUS L. TURNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 1390 Civil Term 2002 SONYA M. TURNER, Defendant · ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail, restricted delivery_, return recei~)t reauested, delivered on: ~ , 3 (:::) ' O ~ 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: '~' I~' (~ ~ By Defendant: 4. Related claims pending: None. Prothonotary: Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Date Plaintiff's Waiver of Notice in Prothonotary: ~-~ , ~ ~ , O ~ Date: "-), ~.,'~ · O ~ §3301(c) Divorce was filed with the i.~Adams, Esquire o. 79465 36 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff ST~'FE OF Markus L. Turner, INTHE COURT OF COMMON PLEAS CF CUMBERLAND COUNTY PENNA. VERSUS Sonya M. Turner, Defendant Plaintiff ! No 1390 Civil Term 2002 DECREE IN DIVORCE AND NOW DECREED THAT AND Markus L. Turner Sonya M. Turner , ~ , IT IS ORDERED AND PLAINTIFF, 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. BY . ~ 1, 2, ~nd 3. ~o compile ite~ 4 if Re.toted D~I I~ ~red. · pflnt yo~ name ~nd ~re~ m the revere · Attaoh thl~ oen:l to b~ I~Ok of th~ maillYmce, r~ C.O.D.