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HomeMy WebLinkAbout06-4377 ROBERT E. McKENZIE, JR., Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA ~ NO. 0(. - ~317 e;o~L <-y-~ : CIVIL ACTION - LAW : IN DNORCE ANNEMARIE McKENZIE, 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Harrisburg, P A. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DNORCE OR ANNULMENT IS ENTERED, 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, P A 17013 1-800-990-9108 717-249-3166 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA ~ NO. 0(.. - 1./3'11 G;oJ... ~~ : CIVIL ACTION - LAW : IN DIVORCE ROBERT E. McKENZIE, JR., Plaintiff ANNEMARIE McKENZIE, Defendant COMPLAINT UNDER SECTION 330Hc) AND SECTION 330Hd) OF THE DIVORCE CODE 1. Plaintiff is Robert E. McKenzie, Jr., who currently resides at 3 Clear Spring Rd., Dillsburg, York County, Pennsylvania 17019. 2. Defendant is Annemarie McKenzie, who currently resides at 944 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 11,2005, in Mechanicsburg, Pennsylvania. 5. Plaintiff avers that there is a child of the parties under the age of eighteen (18), namely: Maxwell Shawn McKenzie (dob 5/10/97). 6. There was a prior action of divorce between the parties. They were first married in November of 1995, and previously divorced in December of2001. 7. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. Neither Plaintiff nor Defendant is in the military service of the United States. 10. The parties separated on July 25, 2006. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. COUNT I CUSTODY 11. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE Maxwell Shawn McKenzie 944 Eppley Rd. Mechanicsburg, PA 17055 and 3 Clear Spring Rd. Dillsburg, PA 17019 AGE 9 DOB 5/10/97 The child was not bom out of wedlock. The child is presently in the custody of the PlaintifflFather, who resides at 3 Clear Spring Rd., Dillsburg, PA 17019, and DefendantIMother, who resides at 944 Eppley Rd., Mechanicsburg, PA 17055. During the past five (5) years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE 944 Eppley Rd. 12/01 - 6105 Mechanicsburg, PA 17055 944 Eppley Rd. 6/05 -7/25/06 Mechanicsburg, PA 17055 944 Eppley Rd. 7/25/06-to present Mechanicsburg, P A 17055 3 Clear Spring Rd. 7125/06-to present Dillsburg, P A 17019 The mother of the child is the Defendant, currently residing at 944 Eppley Rd., Annemarie McKenzie Robert and Annemarie McKenzie Annemarie McKenzie Robert McKenzie Mechanicsburg, PA 17055. She is married to the Plaintiff. The father of the child is the Plaintiff, currently residing at 3 Clear Spring Rd., DilIsburg, P A 17019. He is married to the Defendant. 12. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Maxwell Shawn McKenzie Son 13. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Maxwell Shawn McKenzie Son Molly Herbert Daughter 14. 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 a custody proceeding conceming the child pending in a court of this Commonwealth or any other state. 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. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff enjoys a close Father/son relationship with the minor child, and it would be in the best interest of the minor child to continue this bond. B. DefendantIMother suffers from medical conditions negatively affecting her ability to act in the role as primary caregiver to the minor child. 16. 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 a party to this action. WHEREFORE, Plaintiff requests the Court to grant primary custody of the child to Plaintiff, and further to grant partial custody of the child to the Defendant as the Court deems appropriate. Respectfully submitted, Date: -, j 3 I J 0 (" JFKlbp . VERIFICATION I, Robert E. McKenzie, Jr., hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint in Divorce; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ()3 \ } 0 6" ~ if ~ ~ p - \'" ~.c ~ \\. ~ ~~ , ,-'~. lJ \) If't~ - 00 ~ - () -"~ - -- , 4 \T I I ~, '0' -0 ~D it ROBERT E. MCKENZIE, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-4377 CIVIL ACTION LAW ANNE MARIE MCKENZIE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, August 07, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at__~.!>} Manlove, 1901 State St., Camp Hill, PA 17011 on .__ Tue~_ay, September OS, 2006 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolvc the issues in dispute; or if this cannot be accomplished, to detine and narrow the issucs to bc hcard by the court, and to enter into a temporary order. All children age five or older may also be present at the confcrcncc. Failure to appear at the confercnce may provide grounds for entry of a temporary or pennanent 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 hearinl!. FOR THE COURT, By: Isl Melissa P. Cree 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 ~.~ ~ ~ 4r/,; .-rf:I ~ "" .~ -rypu. ~ ~ ?-~~'fYI; .:.:-- - 'la- j,. ?> qr;.b) ?'J. ~j;. \lJ,NV^1ASNN3d A.1.NfIOO Qr.l\f1l:B8wno LZ:~ Wd 9- SOV 900Z Al:N10NOHlOCd 3HL :40 3:)8::frCT:l1I:l - ~ FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PAl 71 08 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Plaintiff ROBERT E. McKENZIE, JR., Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN DIVORCE .ANNEMARIE McKENZIE, Defendant STIPULATED CUSTODY ORDER AND NOW, this 1ih.- day of A-,ACU\ ,.J.. ,2006, a Complaint for Custody having been filed by Plaintiff/Father, ~ant communication between Plaintiff/Father and Defendant/Mother, with each having ample opportunity to obtain legal counsel, and the parties having further reached an agreement with regard to the best interests and welfare of the minor child, Maxwell Shawn McKenzie, age nine (DOB 5/1 0/97), it is hereby ORDERED AND DECREED as follows: 1. Legal custody: It is the intention of the parties, and the parties agree, that Father and Mother will have shared legal custody of Maxwell Shawn McKenzie (DOB 5/10/97). The parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training, and upbringing, shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child which could reasonably be . expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, said party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or other authority, and to have copies of any reports given to either party as a parent, pursuant to 23 Pa.C.S. 5309. 2. Primary Physical Custody: Primary physical custody of the child shall be with Mother. 3. Partial Physical Custody: Father shall have visitation with the child in accordance with the following schedule: A. Week one: Father's period of visitation shall begin on Monday at 3:00 p.m. and end on Thursday at 6:30 a.m. B. Week two: Father's period of visitation shall begin on Monday at 3:00 p.m. and end on Friday at 6:30 a.m. 4. Transportation: Transportation will be provided as follows: A. During school year: Father will commence his periods of visitation by way of picking up the minor child at school and shall end his periods of visitation by way of dropping off the child either at Mother's home or at a designated pre-school care provider,as determined from time to time by communication between Father and Mother. B. During summer and school holiday periods: Father will commence and end his periods of visitation by pickup and dropoff of the child at Mother's home or at the location of a day care provider, as determined from time to time by communication between Father and Mother. 5. Vacation Periods: Father and Mother shall each enjoy two uninterrupted nine (9) day periods of visitation, which two blocks of time may not be consecutive, and which two blocks of time must be separated by at least one previously-scheduled period of visitation by the other parent. Each of these uninterrupted blocks of time shall be taken during summer so as not to interfere with school. The parent wishing to exercise said period or periods of time shall give at least sixty (60) days written notice to the other parent, which service of notice shall reserve said period of time for the parent giving such notice. ... * 6. Holidays: A. Christmas: During even-numbered years, Father shall enjoy custody of the child beginning on December 24 at 3:00 p.m. and ending on December 25 at noon. Mother shall enjoy custody ofthe child from December 25 at noon until December 26 at 3:00 p.m. During odd-numbered years, Mother shall enjoy custody of the child beginning on December 24 at 6:30 a.m. and ending on December 25 at 3:00 p.m.. Father shall enjoy custody of the child from December 25 at 3 :00 p.m. until December 26 at 6:30 a.m. B. Other holidays: Mother and Father shall share custody of the child on Thanksgiving, Easter and the child's birthday in a fashion similar to the Christmas schedule, so as to allow each parent to enjoy some period of time with the child during Thanksgiving, Easter and the child's birthday. The parents shall communicate to schedule such visitation prior to each of the aforesaid holidays, including the child's birthday. C. Parents' Birthdays, Mother's Day, and Father's Day: Each parent shall be granted at least a three (3) hour visitation period on his or her birthday and also on Mother's Day (for Mother) and Father's Day (for Father), should each such day not otherwise be a day in which said parent is exercising custody. The beginning and end time of these three hour periods of visitation shall be discussed and agreed to by the parties prior to the date of said birthday or holiday. 7. Child's Outside Activities: Each parent shall make every effort to organize ways for their child to maintain his friendships, extracurricular activities, and other special interests regardless of which household he may be in. 8. Prohibition Against AlcohoL Tobacco and Controlled Substances: During any period of custody or visitation, the parties to this Order shall not possess or use any cOntrolled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 9. TeltnJhone Contact: Each parent shall be entitled to reasonable telephone contact with the child, which shall not be excessive, as well as daily contact with the child via email when in the custody of the other parent. 10. Relocation: Neither parent shall relocate from his or her current residence as identified in the above-captioned Custody Complaint, if such relocation will necessitate a change in the custody schedule as set forth in this Order, or if the relocation will be to a # -# location in excess of twenty-five (25) miles from the other party's then-current address, without: A. Such party's first giving prior written notice to the other party not less than sixty (60) days prior to the planned relocation; and B. Having obtained either written consent of the other party to such relocation or further Order of this Court. In the event of any intended relocation, either party may seek modification of the terms of this Custody Order by filing a petition to modify custody with the Prothonotary. 11. Travel: Neither parent shall take the child, or cause the child to be taken, outside of the continental United States without having first received written approval from the other parent. 12. Applicable Laws: Any provision in this Stipulated Custody Order regarding child custody and visitation shall be governed and enforceable as set forth in the applicable statutes of the Commonwealth of Pennsylvania, and also as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. 13. Mutual Agreement: It is understood and stipulated by the parties that upon mutual agreement between the parties, an expanded or altered schedule may be agreed upon between the parties, and that such mutual agreement would be in the best interests of the child. It is further understood and stipulated by the parties that, at any time after such mutual agreement be made, either party may withdraw their agreed-to expansions or alterations, at which time the parties would once again be subject to the terms contained herein. 14. Prohibition Against Derogatory Comments: The parties shall refrain from making derogatory comments about the other party i4 the presence of the child, and, to the extent possible, shall prevent third parties from making such comments in the presence of the child. IN WITNESS WHEREOF, we hereunto set our hands and seals. ~ . .. . , -.. ,. COMMONWEALTH OF PENNSYL VANIA : SS: COUNTY OF i) A-1I\ P 1J4 ,.J ~ On this, the 07 day of Avt6-<< >( ,2006, before me a Notary Public, the undersigned officer, personally appeared Robert E. McKenzie, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. QQMMoNWEALTH OF eENN8YlVANIA NOTARIAL SEAL DANa BRIAN PHAM. NM.... Do....... CIty of Haniaburg, ~' rUMK; My CommIssion Expires Feb. ~ COMMONWEALTH OF PENNSYLVANIA : SS: COUNTYOF Dl\vftllN 00 this, the d day of ~ ' 2006, before me a Notary Public, the undersigned officer, personally appeared ~arie McKenzie known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~;P~ Notary -~c ~ / PA ~ /1~SI.;20"{J , . .. ~. 0 ~ ~ c = ~: a"" ""'r.' ~ ~ ri'\ {C . [11~ -P'" . c;') .t:-. 7 -o~ UJ -n ...< (1) ~--) \Q ~.::"'U .." :r.:~~ :; Qe"'> t;'? Om ~ ~ .s::- ~ (J1 '. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 06-4377 : CIVIL ACTION - LAW : IN DIVORCE ... , ROBERT E. McKENZIE, JR., Plaintiff v. ANNEMARIE McKENZIE, Defendant ORDER RECEIVED ~ AUG 2 2 2006 BY: AND NOW, this .z.1.J day of -4-vs-" , 2006, upon review of the within Stipulated Custody Order, it is hereby ORDERED AND DECREED that the attached Stipulated Custody Order dated August 7,2006, is incorporated herein as an Order of Court. BY THE COURT: ~~ ~w;. a J. \ \ \ \ \ , \. " I \ \ ... < " \ tp~ ~'(P fIll f ~ dlV V 1}V" ,,{l, fl'le~ ~ ~~ w o rl' . \'P' ~ ~/ Plaintiff IRECElVEU\ AUG 2 II 2006 BY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4377 CIVIL TERM ROBERT E. McKENZIE, JR., v. CIVIL ACTION - LAW ANNEMARIE McKENZIE, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this ~ay of August, 2006, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. :281670 f!; ".., E: ..:s 4 c:-) -:::": I- u.,l9 .-_! '~; (.)':::-; ..... (-~) ._CJo - ~, ~.;-- P.i::J:: c..- ?:j C.)~j C1' (I) 6"; N ':;10- L') .:~: u::UJ ~ lLU i:S :,O()- ,p ";,:: '6 = :;> = (.) c--' ROBERT E. McKENZIE, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-4377 ANNEMARIE McKENZIE, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW ACTION Kindly withdraw the above-referenced divorce action, and mark as stricken from the record. Respectfully submitted, FRIEDMAN & KING, P.C. Dat~\3J~ ~ 0 = -n 0...... cr-