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Home My WebLink About06-3638 ,. Harry L. Williams, Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYL VANIA v. Kathy L. Williams, Defendant : No 01- - 3'- -U> C~ u'tl T€/L'\. : CML ACTION-LAW : DNORCE AND CUSTODY COMPLAINT IN DNORCE PUSUANT TO SECTION 3301(C) OR SECTION 3301 (0) OF 1HE DNORCE CODE 1. The Plaintiff Harry L. Williams is an adult individual with an address of 760 State Street, Lemoyne, P A 17043. 2. The Defendant Kathy L. Williams is an adult individual with an address of 60 Dewitt Street, Pittston, PA 18640. 3. The Plaintiff and the Defendant have been residents of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of the Complaint. 4. The parties were manied on May 5, 2003. 5. The Plaintiff is a citizen of the United States of America. The Defendant is a citizen of the United States of America. 6. The Plaintiff has been advised of the availability of cmmseling and that he and the Defendant may have the right to request that the Court require the parties to participate in such counseling. COUNT I REOUEST FORDNORCE DUE TO IRRElRIEV ABLE BREAKDOWN UNDER 3301(0 OF 1HE DNORCE CODE 7. Paragraphs 1- 6 of this Complaint are incorporated herein by reference as though set forth in full. 8. The marriage of the parties is irretrievably broken. 9. After ninety (90) days have elapsed from the date of filing of this Complaint, the Plaintiff intends to file an affidavit consenting to a divorce. # . 10. The Plaintiff has been advised of the availability of counseling and that he and the Defendant have the right to request the Court to require the parties to participate in such COWlSeling. WHEREFORE, the Plaintiff respectfully requests the Court to enter a Decree in Divorce pursuant to 3301 (C) of the Divorce Code. COUNT IT REOUEST FOR DIVORCE DUE TO IRRElRIEV ABLE BREAKDOWN UNDER 3301lD) OF TIIE DIVORCE CODE 11. Paragraphs 1 - 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. The Marriage of the parties is irretrievably broken. 13. After a period of two (2) years has elapsed from the date of separation, the Plaintiffintends to file an affidavit of having lived separate and apart. 14. The Plaintiff has been advised of the availability of counseling and the Plaintiff and the Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, the Plaintiff respectfully requests the Court to enter a Decree in Divorce pursuant to 3301 (D) of the Divorce Code. COUNT ill CUSTODY 15. Paragraphs 1-14 of this Complaint are incorporated herein by reference as though set forth in fulL 16. The Plaintiff and the Defendant are the natural parents of Gianna L. Williams, date of birth: 12/17/99 and Olivia S. Williams, date of birth: 6/112004. 17. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of 1940 or any amendments thereto. 18. The best interest in the pennanent welfare of the children will be served by granting full and physical custody to the Plaintiff. WHEREFORE, the Plaintiff respectfully requests the Court to grant full custody of the children to the Plaintiff. Date: ,(~ '>/" J(e~ Brian K. ZeHner, Esquire Law Office of Darrell C. Dethlefs Attorney for the Plaintiff 2132 Market Street Camp Hill, PA 17011 (717)975 - 9446 Atty. Id. No. 59262 ,. . . VERIFICATION I, I/. J.". ,-, If. c; -. ./ , verify that the statements made in this document are ';;he and correct to my personal knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: {,(z, ')/~'" ~~ A.> () ~ t ....... --..J )::: l~ ~ -'-. ~:-(~ "->';'C) c ~ ~ c v CY I \ p:!CJ JJ CT4 ~.- ~ Ch,~{~ -- -~- ., -. con ~--." -;':- ""' HARR Y L. WILLIAMS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-3638 CIVIL ACTION LAW KA THY L. WILLIAMS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 06, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, September 01,2006 , the conciliator, at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define 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 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 hearin2. FOR THE COURT. By: Isl Melissa P. Gree Es Custody Conciliator 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 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~ ~ ~ ~ ~-("L ~.p(,.~ ~ ~ ~ ~(/.t..-t.. ~ J%v ~ ~~ ro/ ')11-,-L. '- , 1- , no . II t 1'.' I ~ -', . I ;,) .... -- ' 7 " e5 ~ ~ .:j ~j;'{L :J() to.. - ~ HARRY L. WILLIAMS, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 06 - 3628 CIVIL TERM V. CIVIL ACTION- DIVORCE AND CUSTODY KATHY L. WILLIAMS, Defendant PETITION FOR SPECIAL RELIEF 1. The Petitioner, Harry L. Williams, is the Plaintiff in the above - captioned Divorce and Custody matter. 2. The Respondent, Kathy L. Williams, is the Defendant in the above - captioned Divorce and Custody matter. 3. The Petitioner resides at 760 State Street, Lemoyne, PA 17043. 4. The Respondent left the marital residence and moved to 60 Dewitt Street, Pittston, PA 18640. 5. A Divorce and Custody Complaint was filed in this matter on June 27, 2006. 6. The Respondent and/or her family on two occasions have entered the marital residence and removed many items. 7. The last incident occurred on Friday, July 21,2006. 8. The respondent and/or her family forced entry into 760 State Street, Lemoyne, PA 17043 on July 21, 2006 and removed the following items: a. dehumidifier; b. FAA log books and papers; c. legal documentation related to the divorce proceeding; d. stainless steel trash can; e. wireless mouse and keyboard; f. computer software; g. Longaberger baskets; h. real estate files; ~ .,Jf/IIt#. .. 1. child's pictures; J. keys to a motorcycle and an A TV; k. toy chest and totes; and 1. Children's' toys. 9. On the prior occasion, the Respondent and/or her family removed a majority of the marital property and the Petitioner's property. 10. The items removed by the Respondent and/or her family on this most recent occasion were personal property of the Petitioner. 11. The Petitioner requests that Your Honorable Court enter an Order prohibiting the Respondent from entering 760 State Street, Lemoyne, PA and requiring her to return all the items set forth in paragraph 8. 12. The Respondent and/or her family telephoned the Petitioner's place(s) of employment on August 2, 2006 attempting to have his employment terminated. 13. The Petitioner requests that Your Honorable Court enter an Order prohibiting the Respondent and/or her family from contacting the Petitioner's place(s) of employment. WHEREFORE, the Petitioner respectfully request that a Rule to Show Cause be issued upon the Respondent to show cause why the relief requested in this Petition should not be granted. Date: fr /3/ ()b ;JP~ - Brian K. Zellner, Esquire Attorney for the Plaintiff/Petitioner Attorney Id No. 59262 Capozzi & Associates 2933 North Front Street Harrisburg, P A 17110 (717) 233 -4101 ..... ..,.,.... HARRY L. WILLIAMS, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 06 - 3628 CIVIL TERM V. CIVIL ACTION- DIVORCE AND CUSTODY KATHYL. WILLIAMS, Defendant CERTIFICATE OF SERVICE I hereby certify that I have served Kathy L. Williams, 60 Dewitt Street, Pittston, PA 18640 with the Petition for Special Reliefby first class mail, postage prepaid on the J...~ day of AvJ..ut-, 2006. Date: ~ I J/uf.- !;---- Brian K. Zellner, Esquire Attorney for the Plaintiff/Petitioner Attorney Id No. 59262 Capozzi & Associates 2933 North Front Street Harrisburg, P A 17110 (717) 233 - 4101 "" , ........... 8 ~ ~ ~ ;boo i ::g OJ r rn ~ -". :.:t:1 4.- 1J5 r- I ~ -.;,; , ....., r.:>t:-l :<., " ~:rl )>c 2' ::z r~ )i.O c: ':oJ ~ ?J \0 ~ . HARRY 1. WILLIAMS, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 06 - 3~8 CIVIL TERM v. CIVIL ACTION- DIVORCE AND CUSTODY KATHY 1. WILLIAMS, Defendant PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the complaint in regard to the above - matter. Date: 8"( J 10(,. ~? Brian K. Zellner, Esquire Attorney for the Plaintiff Attorney Id No. 59262 Capozzi & Associates 2933 North Front Street Harrisburg, P A 1711 0 (717) 233 - 4101 ~ ~ 2, ~ -o~ ~ ~l Ofg..:.. cP ~. ~.... , z):..~...l . ~6 ~ ~: -zo ~ ~ __0 (# 9 7~ ~ ~ .; ~ . , .1'" , ., HARRY L. WilLIAMS, PLAINTIFF : IN THE COURT OF CO MON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA : NO. 06-3638 CIVil V. KATHY L. WilLIAMS, DEFENDANT : CIVil ACTION - CUSTO Y AND DIVORCE ORDER OF COURT AND NOW, this 1 O'h day of August, 2006, upon considera ion of the foregoing Petition for Special Relief, IT IS HEREBY ORDERED AND DIR TED that: 1. Pursuant to Pa.R.C.P, No. 206,5, a rule is issued upo the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or efore August 30, 2006; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the quired date, the relief requested by Plaintiff shall be granted. If the Defendant files an nswer to this Rule to Show Cause, and the answer raises disputed issues of material f ct, an evidentiary hearing will then be scheduled, IT IS FURTHER ORDERED AND DIRECTED that pendin the hearing and further Order of Court the Defendant shall not enter the property t 760 State Street, lemoyne, Pennsylvania or contact the Petitioner's employer or pi ce of employment without express approval of this Court, By the Court. ~~ J, M. L. Ebert. Jr., . . -,' . ~ Brian K. Zellner, Esquire Attorney for Plaintiff Kathy L. Williams Defendant bas t-/I- ()~ ery-/A-oS ~ , 'r ,ok".. IiIt'iVA1ASNN3d AlNIICO (It,i'ntr::;8v-ino '10:\ Wd II ~flV 900l J..BII10NOHlOl:ld 3Hl. :10 3J1::Ho-a31l:l SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03638 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS HARRY L VS WILLIAMS KATHY L R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WILLIAMS KATHY L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LUZERNE County, Pennsylvania, to serve the within COMPLAINT - DIVORCE On August 28th , 2006 , this office was in receipt of the attached return from LUZERNE Sheriff's Costs: Docketing Out of County Surcharge Dep Luzerne County Postage 18.00 9.00 10.00 30.00 1. 02 68.02 / q-~J-O~ 08/28/2006 CAPOZZI & ASSOCIATES R. Thomas Kline Sheriff of Cumberl nd County C), Sworn and subscribe to before me day of this A.D. . In The Court of Common Pleas of Cumberland County, Pennsylvania Harry L. Williams VS. Kathy L. Willicrns No. 06-3638 civil Now August 8, 2006 , , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Luzerne County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .r~~ Sheriff ofCurnberland County, PA Affidavit of Service ,20_, at 0' clock M. served the Now, within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ fT)[) (57,0) 825-1860 , . FAX: (570) 825-1849 Luzerne County Sheriffs Department Luzerne County Courthouse 200 North River Street Wilkes-Barre, Pennsylvania 18711 (570) 825-1651 CUMBERLAND COUNTY 06-3638 HARRY L. WILLIAMS STATE OF PENNSYLVANIA COUNTY OF LUZERNE: SS. vs KA THY L. WILLIAMS JOSEPH OLIVERI Deputy Sheriff of Luzerne County, being duly sworn according to law, deposes and says that after having made diligent search and inquiry for the within named, KATHY L. WILLIAMS he was unable to find the within named in the said County of Luzerne. Reason: SEE ATTACHED SHEET, Attempts: So answers, Sworn to and subscribed before me this 16TH day of AUGUST 20~ ~# <tHaJ!lOUJN\ at ry Sheriff of Luzerne County b i' DD (570) 825-1860 FAX (570) 825-1 " LUZE~ COUNTY SHERIFF'S DEP RTMENT LUZERNE COUNTY COURTH USE W-y ;/. . .1.. . . Pl, ('- 200 North River Street . WIkes-BamJ. Pennaylvanla 18711 (570) 825-1851 NO 8ERVlCE ~.): ExecutfoO It. 8tH,: '... mMe: 1 Date: Add...: Z 08te: Add...: 3 Dete: Address: Time: ,-- d/~ Time: Time: Remarks: ~'i.'<~ -" Sheriff i <V?~~ Sheritl; Luztme ~unty