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HomeMy WebLinkAbout02-1959Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ROBERT A. BALDWIN, Plaintiff V. WENDY L. BALDWIN, Defendant CIVIL IN NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth you must take prompt action. You are warned that if you fail to do so, the case may pro decree of divorce or annulment may be entered against you by the court. A judgmei against you for any other claim or relief requested in these pages by the Plaintiff. Y property or other rights important to you, including custody or visitation of your children. - LAW in the following pages, :eed without you and a it may also be entered :)u may lose money or When the ground for the divorce is indignities or irretrievable breakdown of he marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY OSE 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 OFFICES FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ?Z2 _/ Johnson, Duffle, Stewart & Weidner By: Mark C.'Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff ROBERT A. BALDWIN, Plaintiff V. WENDY L. BALDWIN, IN THE COURT OF CUMBERLAND COU NO. Qa -/'?? CIVIL ACl IN DIVORC 1MON PLEAS OF , PENNSYLVANIA - LAW Defendant COMPLAINT IN DIVORCE AND NOW, this day of April 2002, comes Plaintiff, ROBERT A. BALD IN, by and through his undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Compla nt for Divorce, and in support thereof avers as follows: 1. The Plaintiff is ROBERT A. BALDWIN, who currently resides at Cumberland County, Pennsylvania. 2. The Defendant is WENDY L. BALDWIN, who currently resides at Wormleysburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were married on July 13, 1993, in Ocean 4. The Plaintiff and Defendant have been bona fide residents of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage this or any other jurisdiction. Gleim Court, Enola, North 2"d Street, , Maryland. Commonwealth of the parties in 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage cou right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests that your Honorable Court under Section 3301(c) or Section 3301(d) of the Divorce Code. COUNT II CUSTODY 8. The Plaintiff incorporates herein by reference the allegations set forth through seven (7) inclusively of the Complaint as if the same were set forth herein at I 9. Plaintiff, Robert A. Baldwin (hereinafter "FATHER"), seeks partial child: Robert Charles Baldwin, age nine (9), whose date of birth is April 10, 1992. 10. The child was born out of wedlock. 11. The child is presently in the primary custody of Defendant, Wendy "MOTHER"), and in the partial custody of FATHER. 12. During the past five (5) years, the child has resided with the following addresses: A. From birth until October 1996 - with MOTHER and FA Road, Carlisle, Pennsylvania. B. From October 1996 until June 1997 - with MOTHER Valleybrook Drive, Mechanicsburg, Pennsylvania. I and he may have the a decree of divorce in paragraphs one (1) of the following Baldwin (hereinafter at the following at 1352 Zimmerman FATHER at 6307 C. MOTHER vacated the marital residence on June 7, 1997. with MOTHER on a primary basis and with FATHER on a From June 1997 until June 1998, MOTHER resided at 31 Pennsylvania. From June 1998 until the present, MOTHER r Street, Wormleysburg, Pennsylvania. D ie minor child resided artial basis thereafter. Street in Camp Hill, sides at 435 North 2nd FATHER remained in the marital home until February 1998. He then resided at 11 Railroad Drive, Shiremanstown, Pennsylvania, from February 1998 until May 2001. Thereafter he resided for a short time at 6204 Stanford Court, Mechanicsburg, Pennsylvania from May 2001 until September of 2001. FATHER presently resides at 2220 Gleim Court, Enola, Pennsylvania, and has been they since September 25, 2001. 13. The MOTHER of the child is Defendant. She currently resides at Wormleysburg, Cumberland County, Pennsylvania. She is married to FATHER. 14. The FATHER of the child is Plaintiff, currently residing at Cumberland County, Pennsylvania. He is married to MOTHER. 15. The relationship of Plaintiff to the child is that of natural FATHER. resides with no one other than the minor child on a partial basis. 16. The relationship of Defendant to the child is that of natural currently resides with the minor child on a primary basis. 17. FATHER has not participated as a party or witness, or in another concerning the custody of the child in this or another Court. 18. FATHER has no information of a custody proceeding concerning the of this Commonwealth or any other state. 435 North 2nd Street, Gleim Court, Enola, The Plaintiff currently The Defendant , in other litigation pending in a court 19. FATHER does not know of a person not a party to the proceedings of the child or claims to have custody or visitation rights with respect to the child. 20. The best interest and permanent welfare of the child will be requested for the following reasons: A. FATHER seeks only to put in writing the schedule that the pa operating under since their separation in June of 1997. B. There is no reason why the schedule the parties have been for the past five (5) years should not finally be placed in writing. C. FATHER'S entire family resides in California since the child's the parties were together, they visited FATHER'S family in California on an Since separation, FATHER and the minor child have visited FATHER'S fami on an annual basis. When FATHER approached MOTHER about this anm the year 2001, MOTHER refused to permit the child to travel to California. V approached MOTHER about this vacation again in 2002, MOTHER again ref the child to travel to California. D. FATHER has a wonderful relationship with his son and the wonderful relationship with FATHER and FATHER'S family in California. mother, brother, sister and her new baby, youngest daughter (the minor child grandmother, cousins, and aunts and uncles all reside in California. E. FATHER'S grandmother turns ninety (90) in 2002 and FATI planning a surprise birthday party for her. FATHER hopes to take the child enjoy this milestone event. F. The parties have had little to no trouble facilitating their current except as it pertains to vacations from the summer of 2001 forward. FATHER to place the status quo into a written Custody Order. has physical custody by granting the relief have been under th and while nnual basis. in California vacation in gn FATHER ed to permit child has a FATHER'S half sister) 2'S family is California to seeks 21. Each parent whose parental rights to the child have not been has physical custody of the child have been named as parties to this action. WHEREFORE, FATHER requests the Court to enter a Custody along the fol 1. Primary custody of the child shall be with MOTHER. 2. Partial custody of the child shall be with FATHER pursuant to A. Each and every Wednesday overnight to Thursday shall deliver the child to school; B. On alternating weeks, from Friday after school until FATHER shall deliver the child to school; C. Four (4) weeks in the summer, two (2) of which consecutively. Respectfully submitted, JOHNSON, DUFFIE,,SS1 By: c ' ark C. Duffie , and the person who lines: following schedule: FATHER when be taken DNER :156152 VERIFICATION I, ROBERT A. BALDWIN, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understar made herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to authorities. Date: 1'i W4? Divorce and Custody that false statements falsification to Robert A. Baldwin 0 D a ca o ?? K: xa L C - G` ,V ROBERT A. BALDWIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-1959 CIVIL ACTION LAW WENDY L. BALDWIN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday April 24, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street Mechanicsburg, PA 17055 on Tuesday May 21, 2002 at 1:00 PM 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 hearing. FOR THE COURT, By: /s/ Dawn S Sunday, Lsq 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 information 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 HAVE 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 47 c°o he' 7 ;z Johnson, Duffie, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. BOX 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff ROBERT A. BALDWIN, Plaintiff V. WENDY L. BALDWIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1959 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY 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, the case may proceed without you and a you must take prompt action. You are warned that if you fail to do so, 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 pages 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 Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 fohnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff ROBERT A. BALDWIN, Plaintiff V. WENDY L. BALDWIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1959 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY AMENDED COMPLAINT IN DIVORCE UNDER 53301(c) OR 53301(^" nc rHF DIVORCE CODE AND NOW, this 2 day of May 2002, comes Plaintiff, ROBERT A. BALDWIN, by and through his undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint for Divorce, and in support thereof avers as follows: 1. The Plaintiff is ROBERT A. BALDWIN, who currently resides at 2220 Gleim Court, Enola, Cumberland County, Pennsylvania. 2. The Defendant is WENDY L. BALDWIN, who currently resides at 435 North 2"d Street, Wormleysburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were married on July 13, 1993, in ocean City, Maryland. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been one prior action for divorce between the parties in this jurisdiction. Said Complaint was filed on May 16, 1997, to docket no. 97-2631 Civil - In Divorce. That case is captioned "Wendy L. Baldwin, Plaintiff v. Robert Baldwin, Defendant." There has been no further activity on this matter and Plaintiff herein assumes the same was purged. Therefore, the Plaintiff would like to proceed under the above-captioned matter. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under Section 3301(c) or Section 3301(d) of the Divorce Code. COUNT II CUSTODY g. The Plaintiff incorporates herein by reference the allegations set forth in paragraphs one (1) through seven (7) inclusively of the Complaint as if the same were set forth herein at length. 9. Plaintiff, Robert A. Baldwin (hereinafter "FATHER"), seeks partial custody of the following child: Robert Charles Baldwin, age nine (9), whose date of birth is April 10, 1992. 10. The child was born out of wedlock. 11. The child is presently in the primary custody of Defendant, Wendy L. Baldwin (hereinafter "MOTHER"), and in the partial custody of FATHER. 12. During the past five (5) years, the child has resided with the following persons at the following addresses: A. From birth until October 1996 - with MOTHER and FATHER at 1352 Zimmerman Road, Carlisle, Pennsylvania. B. From October 1996 until June 1997 - with MOTHER and FATHER at 6307 Valleybrook Drive, Mechanicsburg, Pennsylvania. C. MOTHER vacated the marital residence on June 7, 1997. The minor child resided with MOTHER on a primary basis and with FATHER on a partial basis thereafter. From June 1997 until June 1998, MOTHER resided at 31St Street in Camp Hill, Pennsylvania. From June 1998 until the present, MOTHER resides at 435 North 2nd Street, Wormleysburg, Pennsylvania. D. FATHER remained in the marital home until February 1998. He then resided at 11 Railroad Drive, Shiremanstown, Pennsylvania, from February 1998 until May 2001. Thereafter he resided for a short time at 6204 Stanford Court, Mechanicsburg, Pennsylvania from May 2001 until September of 2001. FATHER presently resides at 2220 Gleim Court, Enola, Pennsylvania, and has been there since September 25, 2001. 13. The MOTHER of the child is Defendant. She currently resides at 435 North 2nd Street, Wormleysburg, Cumberland County, Pennsylvania. She is married to FATHER. 14. The FATHER of the child is Plaintiff, currently residing at 2220 Gleim Court, Enola, Cumberland County, Pennsylvania. He is married to MOTHER. 15. The relationship of Plaintiff to the child is that of natural FATHER. The Plaintiff currently resides with no one other than the minor child on a partial basis. 16. The relationship of Defendant to the child is that of natural MOTHER. The Defendant currently resides with the minor child on a primary basis. 17. FATHER has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. 18. FATHER has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 19. FATHER 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. 20. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: A. FATHER seeks only to put in writing the schedule that the parties have been operating under since their separation in June of 1997. B. There is no reason why the schedule the parties have been operating under for the past five (5) years should not finally be placed in writing. C. FATHER'S entire family resides in California since the child's birth and while the parties were together, they visited FATHER'S family in California on an annual basis. Since separation, FATHER and the minor child have visited FATHER'S family in California on an annual basis. When FATHER approached MOTHER about this annual vacation in the year 2001, MOTHER refused to permit the child to travel to California. When FATHER approached MOTHER about this vacation again in 2002, MOTHER again refused to permit the child to travel to California. D. FATHER has a wonderful relationship with his son and the child has a wonderful relationship with FATHER and FATHER'S family in California. FATHER'S mother, brother, sister and her new baby, youngest daughter (the minor child's half sister) grandmother, cousins, and aunts and uncles all reside in California. E. FATHER'S grandmother turns ninety (90) in 2002 and FATHER'S family is planning a surprise birthday party for her. FATHER hopes to take the child to California to enjoy this milestone event. F. The parties have had little to no trouble facilitating their current arrangement except as it pertains to vacations from the summer of 2001 forward. FATHER simply seeks to place the status quo into a written Custody Order. 21. 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, FATHER requests the Court to enter a Custody along the following lines: 1. Primary custody of the child shall be with MOTHER. 2. Partial custody of the child shall be with FATHER pursuant to the following schedule: A. Each and every Wednesday overnight to Thursday when FATHER shall deliver the child to school; B. On alternating weeks, from Friday after school until Monday when FATHER shall deliver the child to school; C. Four (4) weeks in the summer, two (2) of which may be taken consecutively. Respectfully submitted, JOHNSON, DUFFIE, STEWART & ^DNER C. Duffie :157738 VERIFICATION I, ROBERT A. BALDWIN, verify that the statements made in this Complaint for Divorce and Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the.penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: Robert A. Baldwin CERTIFICATE OF SERVICE AND NOW, this 2q`h day of May 2002, the undersigned does hereby certify that she did this date serve a copy of the foregoing Amended Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Ms. Wendy L. Baldwin 435 N. Second Street Wormleysburg, PA 17043 JOHNSON, DUFFIE, STEWART & WEIDNER By: ; ; o rT1. 'C?? l ??y Michelle M. Bross Legal Assistant Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ROBERT A. BALDWIN, Plaintiff V. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1959 Civil Term CIVIL ACTION - LAW WENDY L. BALDWIN, Defendant IN DIVORCE/CUSTODY PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Amended Divorce Complaint which was filed on May 30, 2002, in the above- captioned action. Dated: -7 11 tJ 6 2 :160669 Respectfully submitted, JOHNSON, DUFFIE, STEWART & 1NieIbNER MSC. Duffie Attorney I.D. No. 75? 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorneys for Plaintiff 09 iy1 ITT ?I l; ITI PL: CD c- r a - 77 .- -TI - I 1 L C> n SEP 0 4 2002 ROBERT A. BALDWIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02-1959 CIVIL ACTION LAW WENDY L. BALDWIN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3an day of September, 2002, the Conciliator hereby relinquishes jurisdiction in this case as neither the Mother nor the Father appeared for the Custody Conciliation Conference and the Father's attorney requested that this matter be discontinued after speaking with the Father by telephone in the Conciliator's office. FOR THE COURT, F Dawn S. Sunday, Esquire Custody Conciliator .r , (S'ti Cam' y _, ? ?^ o., •?,.,, , s; .• 4-? r? C }? Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ROBERT A. BALDWIN, Plaintiff V. WENDY L. BALDWIN, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1959 CIVIL ACTION - DIVORCE STATEMENT OF INTENTION TO PROCEED TO THE HONORABLE JUDGES OF SAID COURT: It is the intention of the Plaintiff in this case to proceed with the above-captioned case. Respectfully submitted, JOHNSON, DUFFIE, STEWART & By: NER "Mark C. Duffie Attorney I. D. No. 759 6 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff DATED: Id 2005 CERTIFICATE OF SERVICE AND NOW, this day of October, 2005, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Wendy L. Baldwin 435 N. Second Street Wormleysburg, PA 17043 JOHNSON, DUFFIE, STEVYART & V NER C. Duffie iev I.D. No. Mcd 261512 _ ?. , ,_, -, =? ? r `' ,, _.. __ -??;- ;?? -=; Curtis R. Long Prothonotary Office of the Vrotbonotarp Cumberland Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor -1)2- 1959 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573