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HomeMy WebLinkAbout02-2197 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. O~- .2/17 C~~{'-r~ TAMI S. LAESSIG, Plaintiff KURT A. LAESSIG, Defendant CIVIL ACTION ~ LAW 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. 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, Domestic Relations Section, Dauphin County Courthouse, Harrisburg, Pennsylvania. 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 Court Administrator 4th Floor, Cumblerland County Courthouse Carlisle, P A 17013 (717) 240-6200 TAMI S. LAESSIG, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. KURT A. LAESSIG, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo a! partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona o por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona!. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICI0, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCI0N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR AS1STENCIA LEGAL. Cumberland County Court Administrator 4th Floor, Cumblerland County Courthouse Carlisle, P A 17013 (717) 240-6200 vii. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.2- .2/ '1'7 Cw<-t I..u---- TAMI S. LAESSIG, Plaintiff KURT A. LAESSIG, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF COUNSELING I. 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 by the Court. Dated: 5"/J/6 '2.... cr(?ruryudL{j v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O:L. .2.197 ~ I.L-- TAMI S. LAESSIG, Plaintiff KURT A. LAESSIG, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT AND NOW, comes the above-named Plaintiff, Tami S. Laessig, by her undersigned attorneys, and seeks to obtain a Decree in Divorce from the above-named Defendant, Kurt A. Laessig, upon the grounds hereinafter set forth: 1. Plaintiff is Tami S. Laessig, an adult individual, residing at 120 Second Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is Kurt A. Laessig, an adult individual, residing at 196 Silver Springs Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant have each been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 28, 1992 In Dauphin County, Pennsylvania. 5. Plaintiff and Defendant are both citizens of the United States of America. 6. Neither the Plaintiff nor Defendant are members of the Armed Services of the United States. 7. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. COUNT I - Section 3301(a)(6) 9. The foregoing paragraphs are incorporated herein by reference. 10. On February 18, 2002, the Defendant admitted to the Plaintiff of attempting to commit suicide on that date. II. On February 22, 2002, the Defendant did, in fact, attempt to commit suicide by hanging himself in front of the Plaintiff. Fortunately, a family friend was with the Plaintiff to rescue the Defendant before the attempt could be completed. 12. The actions of the Defendant constitute indignities to the person of the Plaintiff, who is the innocent and injured spouse, so as to render her condition intolerable and life burdensome. WHEREFORE, the Plaintiff prays that this Honorable Court grant a Decree in Divorce. COUNT II - Section 3301(c) 13. The foregoing paragraphs are incorporated herein by reference. 14. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays that this Honorable Court grant a Decree in Divorce. COUNT III - Section 3301(d) 15. The foregoing paragraphs are incorporated herein by reference. 16. The parties have lived separate and apart since February 22, 2002. WHEREFORE, the Plaintiff prays that this Honorable Court grant a Decree in Divorce. COUNT IV - Equitable Distribution 17. The foregoing paragraphs are incorporated herein by reference. 18. During the course of the marriage, the parties hereto have acquired property, both marital and non-marital. WHEREFORE, the Plaintiff prays that this Honorable Court equitably distribute the marital property of the parties. COUNT V- Spousal Support and Alimony Pendent Lite 19. The foregoing paragraphs are incorporated herein be reference. 20. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, '\J.illl.~Y, and Alimony Pendente Lite. COUNT V - Custody 21. The foregoing paragraphs are incorporated herein by reference. 22. Plaintiff seeks primary physical and sole legal custody of the following children: Alec K. Laessig 120 2nd St.. Boiling Springs, PA 17007 Evan K. Laessig 120 2nd St., Boiling Springs, PA 17007 Ian D. Laessig 120 2nd St., Boiling Springs, PA 17007 Age 11 Age 8 Age 20 mo. 23. The child Alec K. Laessig was born out of wedlock. The other children were not born out of wedlock. 24. The children are presently in the custody of Tami S. Laessig, 120 2nd St., Boiling Springs, P A 17007. 25. During the past five (5) years, the children have resided with the following persons, at the following addresses: Tami S. Laessig, 120 2nd St., Boiling Springs, PA 17007; Kurt A. and Tami S. Laessig, 103 Birch Court, Camp Hill, PA 17011. 26. The mother of the children is Tami S. Laessig, residing at 120 2nd St., Boiling Springs, P A 17007. She is married. 27. The father of the children is Kurt A. Laessig, residing at 196 Silver Springs Road, Mechanicsburg, PA 17055. He is married. 28. The relationship of the Plaintiff to the children is that of mother and sons. 29. The Plaintiff currently resides with the following persons: Alec Laessig, Evan Laessig and Ian Laessig. 30. The relationship of the Defendant to the children is that off ather and sons. 31. The Defendant currently resides with the following persons: Defendant's mother. 32. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody or visitation of the children in this or another court. 33. The Plaintiff has no information of a custody or visitation proceeding concerning the children pending in a court of this Commonwealth. 34. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 35. The best interests and permanent welfare of the children will be served by granting relief requested because: a. The Defendant has attempted suicide on two (2) occasions within the past week. On February 18,2002, the Defendant attempted to commit suicide by driving his vehicle into the path of an oncoming motor vehicle; the Defendant admitted his attempted suicide to the Plaintiff. On February 22, 2002, the Defendant attempted to commit suicide by hanging himself in front of the Plaintiff and a family friend; the presence of the Plaintiff and the family friend prevented the attempted suicide from succeeding. As a result of the Defendant's actions, the Defendant has been involuntarily committed to the psychiatric ward of Holy Spirit Hospital, Camp Hill, Pennsylvania. b. The Defendant has a history of mental health conditions and was undergoing therapy sessions from Tressler services. Based on information and belief, the Defendant has attempted suicide on multiple occasions dating back to 1980. c. At the time of the suicide attempt of Friday, February 22, 2002, the Plaintiff was planning to leave the minor children alone with the Defendant in order to perform her duties as an emergency room nurse which required her to work for the entire weekend. d. The actions of the Defendant present a clear and present danger to the welfare of the minor children, particularly to a 20 month old infant. 36. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: NONE WHEREFORE, the Plaintiff prays the Honorable Court to grant sole legal custody of the children to the Defendant with supervised visitation to the Plaintiff. Respectfully submitted, NICHOLAS & FOREMAN, P.C. ~~ S'/~rb2- Charles Rees Brown, Esq. Supreme Court No. 70612 2080 Linglestown Road, Suite 202 Harrisburg, P A 171 10 (717) 526 4424 ..231..93'1, Attorney for Plaintiff ~ Verification I, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to falsification to authorities. &kv 'sJif/J~~/ Tami S. Laessl 5 ~ g ;:; f. -- ~ R C) ""-l ~. ~ 0: ~. ~ ~ 0~~~~ tJ8g&gO) I 'j I D ~Q~ ~ ~. P... 1- ~J~ -, c~ ::~; (,.. ~ I '\;"~ G:' (_) or, ~ '- .. -"'n ~._-' ~'; (') ~,-'- ,'.:;,,"n 7: ~~i~ ~< r- :...-..: :< 0' ~ fir ~) Ytt ~t t " " PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAM! S. LAESSIG v. 02-2197 CIVIL ACTION LAW KURT A. LAESSIG DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May OS, 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 Maln Street, Mechanicsburg, P A 17055 on Tuesday, May 2S, 2002 at S: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 hearing. FOR 1HE COURT, By: Isl Dawn S. Sunday. Esq. (.)\, 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 HA VB 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 - - fil ~:'I~!_"("'';::::il'''C nr-, "",-""'" ':~II",1l_ <.'. r:_:" ," :('i~)nTf\RY ~'" ; '.... ), 02 HIIY -9 Pti 12: t..4 CUM8EHLANO COUNTY PENNSYLVANIA .5.'1 -CJ,;;J 5"'1.tJ~ ,5.9.tJ,;2 > ,-; W'G'~~ ~4~ ~ ~ ~4~ayr 71~ ~'3ur~ ..JVI"t'V U' ...."''''... TAMI S. LAESSIG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-2197 CIVIL ACTION LAW KURT A. LAESSIG, Defendant IN CUSTODY ORDER OF COURT /3~ - AND NOW, this 1i1I day of V.tUI1? , 2002, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: A. Hearing is scheduled in Court Room # 6" , of the Cumberland County Court House, on the /,~ day of t!Ju.(; u.C..J- , 2002, atB: .30 o'clock, ~.m., at which time testimony will be taken. For purposes of this Hearing, the Mother, Tami S. Laessig, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Hearing date. J. a~u E. C.ldd v: I CC~lllS R. Brown, Esquire - Counsel for Mother '-7 ~uel L. Andes, Esquire - Counsel for Father / t~ urI3-0~ R}<s / . . . . - . f f ,C:; ~ 'N . : t ~ ~ ~ 1 TAMI S. LAESSIG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-2197 CIVIL ACTION LAW KURT A. LAESSIG, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alec K. Laessig Evan K. Laessig Ian D. Laessig August 28, 1990 March 7, 1993 May 26, 2000 Mother Mother Mother 2. A Conciliation Conference was held on May 28, 2002, with the following individuals in attendance: The Mother, Tami S. Laessig, with her counsel, Charles R. Brown, Esquire and the Father, Kurt A. Laessig, with his counsel, Samuel L. Andes, Esquire. 3. The Mother filed this Petition for primary physical custody of the Children. The parties separated in February 2002 and the Children have been residing with the Mother since that time. The parties were not able to reach an agreement as to either ongoing or temporary custody arrangements and counsel have requested that a Hearing be scheduled at the earliest available time. There was not sufficient time to thoroughly address an interim custody arrangement as counsel had an obligation to attend other legal proceedings. 4. The Mother's position on custody is as follows: The Mother believes that it would be in the Children's best interest to reside primarily with her. The Mother proposed that the Father have periods of partial custody with the Children on alternating weekends during the school year and for an additional 1 night per week during the summer. The Mother expressed concern about the Father's ability to handle all 3 Children for more extended or frequent periods of time due to mental health problems, including a recent suicide attempt in the Mother's presence. As the Children were aware of the incident, the Mother believes that it would be best not to increase the Father's time with the Children until the situation stabilizes and the Children become more comfortable. 5. The Father's position on custody is as follows: The Father believes that a shared physical custody arrangement would best serve the interests of the Children and proposed an alternating weekly schedule at least for the summer school vacation. The Father indicated that the Children were very comfortable and had no problems during his most recent period of custody over the preceding weekend. The Father does not believe that his mental health issues affect his ability to properly care for the Children. The Father also mentioned that both parties have a history of mental health issues and that factor should not have a determinative effect on the custody arrangements. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing. Counsel have requested that the Hearing be scheduled as soon as possible so that the summer custody arrangements can be addressed at that time as well. The possibility of obtaining a custody evaluation was discussed at length during the conference, although neither party was willing to commit to seeking a resolution through that process as an alternative to the Hearing. It is expected that the Hearing will require one-half to one full day. ~ -+9. C)r,(\a-. , [)~J", Dawn S. Sunday, Esquire J Custody Conciliator Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA TAMI S. LAESSIG, Plaintiff v. ) ) ) ) ) ) ) dol'i7 NO. 02-Z9+9 CIVIL TERM KURT A. LAESSIG, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER This Stipulation is entered into this _ day of , 2002, by and between TAMI S. LAESSIG of Cumberland County, Pennsylvania and KURT A. LAESSIG of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Tami S. Laessig (hereinafter referred to as "Mother"), social security number 210-54-4744, was born on August 6, 1968, who currently resides at 120 Second Street, Boiling Springs, Cumberland County, Pennsylvania 17007. WHEREAS, Kurt A. Laessig (hereinafter referred to as "Father"), social security number 202-42-7138, was born on November 21, 1961, and currently resides at 103 Birch Court, Camp Hill, Cumberland County, Pennsylvania 17011; WHEREAS, the parties are the biological parents of three minor children, namely, Alec K. Laessig, born August 28,1990, Evan K. Laessig, born March 7,1993, and Ian D. Laessig, born May 26, 2000; WHEREAS, on May 3, 2002, Mother instituted a divorce action in the Court of Common Pleas of Cumberland County raising, inter alia, a count for custody; WHEREAS, following a conciliation conference, a custody hearing was scheduled for August 19,2002 before the Honorable Edward E. Guido; WHEREAS, the parties hereto are desirous of entering into this stipulation to resolve the issue oflegal and physical custody oftheir children without the necessity of court intervention; NOW, THEREFORE, in consideration ofthese premises, and ofthe mutual promises, covenants and undertakings hereinafter set forth, Father and Mother, each intending to be legally bound hereby, agree as follows: 1. Lel!al Custody. The parties shall share legal custody oftheir three minor children, legal custody being defined as the right to make major decisions affecting the best interests ofthe children, including, but not limited to, medical, religious, moral and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view toward adopting a harmonious policy calculated to promote the children's best interests. Each party shall have the right to be kept informed of the children's educational, social and medical development. Each party shall be entitled to full and complete records and information concerning the children from any doctor, dentist, teacher, treatment institution or similar authority and to have copies of any reports, notices or other communications given to either party as a parent. Each party shall notifY the other of any matter relating to the children which could reasonably be expected to be of significant concern to the other. Day-to-day decisions shall be the responsibility ofthe parent then having physical custody. The parent having physical custody of the children at the time of any emergency shall have the right to make any immediate decisions necessitated thereby, but shall inform the other parent ofthe emergency and consult with him or her as soon as possible. 2 2. Physical Custody. The parties agree to share physical custody with Mother being the primary custodian subject to Father's periods of partial physical custody in accordance with the two (2) week schedule as set forth below: (a) During week one (1), Father will have custody ofthe children from Friday after school (or 5:00 p.m. ifnot a school day) until Monday at 5:00 p.m.; (b) During the second week, Father will have custody ofthe children from Tuesday after school (or 5:00 p.m. ifnot a school day) until Thursday at 5:00 p.m.; (c) Thereafter, said two (2) week schedule shall repeat on a continual basis. During the school year, Father shall be responsible for transporting the children to school in a timely fashion and retrieving them therefrom at the end of the school day on those days in which he has physical custody; (d) On any other day or at any other times as the parties may agree. 3. Holidays. The parties agree that custody during the holidays shall be handled by agreement of the parties. 4. Summer Vacation. The parties agree that each shall receive two (2) uninterrupted but non-consecutive weeks of custody during the summer. The parties shall provide each other thirty (30) days advance written notice of their intended periods of summer vacation. 3 5. Mother's Dav/Father's Day. The children will spend every Father's Day with Father and every Mother's Day with Mother. If the parent does not otherwise have custody of the children on his or her holiday, the parent shall be entitled to receive eight (8) hours with the children during this holiday. 6. Children's Birthdays. The parties shall ensure that, at a minimum, each of them shall be entitled to speak to the children on their respective birthdays, 7. Children's Activities. The parties shall ensure that the children participate in all regularly scheduled activities during their periods of custody. If the designated time for pickup or return of the children occurs during a scheduled activity, then pickup or return shall occur at the activity. 8. Disnaraeine Remarks. The parties shall refrain from making any disparaging or negative remarks with regard to the other either directly to the children or in the presence of the children. 9. Alcohol/Controlled Substance Consumntion. During any period of custody, the parties shall not possess or use any controlled substances, nor shall either party consume alcoholic beverages to the point of intoxication. 10. Telenhone/Address. Each party shall keep the other apprised of his /her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the children while the children are in the custody or control of the other party. 11. Transnortation. The transportation ofthe children for custody exchanges shall be agreed upon by the parties or, in the event the parties are unable to agree, the party obtaining custody of the children shall provide transportation. 4 --~,._.._..-- 12. Miscellaneous. Nothing in this stipulation shall be construed as preventing the parties from agreeing to alternate periods of physical custody. Likewise, nothing in this stipulation shall be construed as preventing the parties from agreeing to additional periods of physical custody. children shall attend school in the Boiling Springs School District for the 2002-2003 academic 13. SchooJinl!" for 2002-2003 Academic Year. The parties agree that the year. In June of2003, the parties agree to review the decision to keep the children enrolled in the Boiling Springs School District after the parties have available to them all information to properly guage the children's development following their first year at Boiling Springs. this stipulation shall be entered as an order of court. 14. Entrv of Court Order. The parties agree that the terms and provisions of IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. 4-:J~ TNESS I ~ 5 COMMONWEALTH OF PENNSYL VANIA COUNTY OF nl.~fL ,..... ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared TAMI S. LAESSIG, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. 'It-- GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1:2 day of ~-pJe yv- Ly-- ,2002. l1,,,,, 4.. L},;,~ Notary Public in d for Commonwealth of Pennsylvania Typed or printed name of Notary: Po"::: '0. 4;~'; My co- J DONNA 1. KNISELY, NOTARY PUBLIC HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES FEB. 16 2004 6 COMMONWEALTH OF PENNSYL VANIA ) ) COUNTY OF ) BEFORE ME, the undem;go"" -ority, on !hi, day Pemonally 'W="" KURT A. LAEsSIG, knoWn to me '0 be the _00 who exec.,,,,, !be fm-egoing ;"'lnonan, and who ""knowl""g"" '0 me that he execu,,,,, _e fo, the P"'P<>'" "'d oou,idemtiou, therein expressed. GWEN UNDER MY HAND AND SEAL OF OFFICE this ,2002. day of Notary Public in and for CommOnwealth of Pennsylvania Typed or printed name of Notary: My commission expires: 7 ---'.____.M.....,._ d"\~" 2: -/ (,~ C:~ ~;.>C o C' c' f"":; 'J'") r"'!"', .u ~-~ -< " --\1 \....-) ,.":> ~? :.n (1"> ..c ,-) i"\ ., :.u -< '. SEP Z 020112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) CIVIL ACTION - LAW IN DIVORCE TAJJIS.LPJESSIG, Plaintiff .:2/9'7 NO. 02-~ CIVIL TERM KURT A. LPJESSIG, Defendant ORDER OF COURT AND NOW, this ~y of ~ ,2002, it is hereby ORDERED and DECREED that the terms and conditions ofthe attached Stipulation for Entry of Agreed Upon Custody Order are incorporated herein and hereby made an Order of Court. t?~ l/- O? ~ rv"/\; ~~ ~.?r~' 2>r!?' ~~ '. ~~\. 4>'~C>:S '>(9~~ ~' / I ,\t>)-' ~ ~ .:::r ~ c:; b M :::>~ UJ;z: 81{ go ::E: \1:r;;: 0- c:}~ ~~ 7' ...:r 5~ UJ 'L N (J:Z .-Jt..u P- ~JUJ 0: :C W ::Da.. t--- en ~ u- N 23 0 0 .. 'tj\}Al S. LABSS1G, y\aintiff Cl"lL ~C'tlON - L~ W 'J. Wl~SE11l: . . "M.otner") SOCla\ secunt;y W\lE\\E'\s ~"", S. \....". (b.",,;nal\" <<re<<<d "",' ' , 6 196' whO "",""",y <<,'do' .t \20 s"",nd stteot, n"",bef 210_54-4144, was "on> on Mgust' ' . . On ' C"",beft>nd Count\', p_yNan" 11001. . 1\0'''''' SP .' "f tho<'1 SOCial ,ununt\' n""'" E\\E'\s ""'" Pc J.,aOS'" (b."'eUnd'''' <<re<<<d to as' ' W1I' " 21 1961 and """",tlY ",,'des.t 1031\iICh court, C"" 202-42-1\3" was bO'" on No"'''' "', , y nnS"\T\'Jania \10\\; !\ill, cutnb""and Count\', , " . 1 j . . untsor__'O."dJet"-'y, W\lE\\E'\s, lh' parties or< lh' ",010....1 pat . . M. cn 1 \993, and lan D. Laess' . ,. t 2' 1'J90 J'"an 1(. \....".. bO'" at ' R. LaesS1g" born ~ug,us ' , bO'" >AaY 26,2000: . . or ... K 3 0002 lAolh'" """",to<! . di'orco """on'" '"" court WUE~~S, on 1.'I~a'l ' '- ' .' inter alia a count for custodY, n\ ~ C"n'\ber\and Count;y ralS1ng" , Co_on' "'" 0' ~.. ' custod'l nearing, waS scne~ W\lE\\E'\s, rollo""'" . ",,,,\lartion oonl_o', · ,,-' .:::dward E. Guido', }.ugust 19, 2002 ".rore lh,I1O"''''''''" WHEREAS, the parties hereto are desirous of entering into this stipulation to resolve the issue of legal and physical custody of their children without the necessity of court intervention; NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, Father and Mother, each intending to be legally bound hereby, agree as follows: 1. Le!!:al Custody. The parties shall share legal custody of their three minor children, legal custody being defined as the right to make major decisions affecting the best interests of the children, including, but not limited to, medical, religious, moral and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view toward adopting a harmonious policy calculated to promote the children's best interests. Each party shall have the right to be kept informed ofthe children's educational, social and medical development. Each party shall be entitled to full and complete records and information concerning the children from any doctor, dentist, teacher, treatment institution or similar authority and to have copies of any reports, notices or other communications given to either party as a parent. Each party shall notify the other of any matter relating to the children which could reasonably be expected to be of significant concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of the children at the time of any emergency shall have the right to make any immediate decisions necessitated thereby, but shall inform the other parent of the emergency and consult with him or her as soon as possible. 2 2. Physical Custody. The parties agree to share physical custody with Mother being the primary custodian subject to Father's periods of partial physical custody in accordance with the two (2) week schedule as set forth below: (a) During week one (I), Father will have custody of the children from Friday after school (or 5:00 p.m. ifnot a school day) until Monday at 5:00 p.m.; (b) During the second week, Father will have custody of the children from Tuesday after school (or 5:00 p.m. ifnot a school day) until Thursday at 5:00 p.m.; (c) Thereafter, said two (2) week schedule shall repeat on a continual basis. During the school year, Father shall be responsible for transporting the children to school in a timely fashion and retrieving them therefrom at the end ofthe school day on those days in which he has physical custody; (d) On any other day or at any other times as the parties may agree. 3. Holidavs. The parties agree that custody during the holidays shall be handled by agreement ofthe parties. 4. Summer Vacation. The parties agree that each shall receive two (2) uninterrupted but non-consecutive weeks of custody during the SunlIDer. The parties shall provide each other thirty (30) days advance written notice of their intended periods of SunlIDer vacation. 3 5. Mother's DayIFather's Day. The children will spend every Father's Day with Father and every Mother's Day with Mother. If the parent does not otherwise have custody of the children on his or her holiday, the parent shall be entitled to receive eight (8) hours with the children during this holiday. 6. Children's Birthdays. The parties shall ensure that, at a minimum, each ofthem shall be entitled to speak to the children on their respective birthdays. 7. Children's Activities. The parties shall ensure that the children participate in all regularly scheduled activities during their periods of custody. If the designated time for pickup or return of the children occurs during a scheduled activity, then pickup or return shall occur at the activity. 8. DisDara~in!!: Remarks. The parties shall refrain from making any disparaging or negative remarks with regard to the other either directly to the children or in the presence of the children. 9. Alcohol/Controlled Substance Consumption. During any period of custody, the parties shall not possess or use any controlled substances, nor shall either party consume alcoholic beverages to the point of intoxication. 10. Telephone/Address. Each party shall keep the other apprised of his /her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the children while the children are in the custody or control of the other party. 11. Transportation. The transportation of the children for custody exchanges shall be agreed upon by the parties or, in the event the parties are unable to agree, the party obtaining custody of the children shall provide transportation. 4 12. Miscellaneous. Nothing in this stipulation shall be construed as preventing the parties from agreeing to alternate periods of physical custody. Likewise, nothing in this stipulation shall be construed as preventing the parties from agreeing to additional periods of physical custody. 13. Schoolin!!: for 2002-2003 Academic Year. The parties agree that the children shall attend school in the Boiling Springs School District for the 2002-2003 academic year. In June of 2003, the parties agree to review the decision to keep the children enrolled in the Boiling Springs School District after the parties have available to them all information to properly guage the children's development following their first year at Boiling Springs. 14. Entry of Court Order. The parties agree that the terms and provisions of this stipulation shall be entered as an order of court. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ~ss1~ ~ 5 COMMONWEALTH OF PENNSYLVANIA COUNTYOF~ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared TAMI S. LAESSIG, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I {2fr-- day of ~'fk}rlu-- ,2002. 11~Yy~ l~' ~j~~ Notary Public in d for Commonwealth of Pennsylvania Typed or printed name of Notary: P()h~ \J. /4,;~~ My co ~rAI DONNA 1. KNISELY, NOTARY PUBLIC HARRISBURG, DAUPHIN COUNlY MY COMMISSION EXPIRES FEB. 16 2004 6 COMMONWEALTH OF PENNSYL VANIA ) ) COUNTY OF ) BEFORE ME, the undersigned authority, on this day personally appeared KURT A. LAESSIG, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,2002. Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: 7 0 c...:~ ':J c r,) ~Tl :/) n~i ^ f''rl "U ;;:,~ (, \D .- C:.:: ~-',! ~ 0 H 0.) :Jl ' .~" ~~ 11 -< en -< II i TAMI S. LAESSIG, Plaintiff vs. ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2197 CIVIL TERM KURT A. LAESSIG, Defendant IN DIVORCE NOTICE Ii TO PLAINTIFF NAMED HEREIN: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEF AUL T JUDGMENT MAYBE ENTERED AGAINST YOU. 21 March 2006 ~~^~ \~Q Q Samuel L. Andes Attorney for Defendant Supreme Court 1017225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 II TAMI S. LAESSIG, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2197 CIVIL TERM KURT A. LAESSIG, Defendant IN DIVORCE DEFENDANT'S COUNTERCLAIM AND NOW comes the above-named Defendant, by his attorney, Samuel 1. Andes, and makes the following counterclaim for divorce in this matter: 1. The counter-claimant in this action is the Defendant Kurt A. Laessig an adult individual who now resides at 103 Birch court in Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant in this counterclaim is the Plaintiff in the original action, Tami Sue Laessig, an adult individual who now resides at 1290 Riverview Road, Dauphin, Dauphin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. There have been no prior actions of divorce or annulment between the parties. 5. Neither of the parties is presently a member of the air forces of the United States. 6. Plaintiff and the Defendant are both citizens of the United States of America. 7. Both Plaintiff and Defendant have been advised of the availability of marriage counseling and the Defendant may have the right to request that the Court require the parties to participate in counseling. 8. Defendant avers that the marriage is irretrievably broken. II COUNT I - IRRETRIEVABLE BREAKDOWN 9. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. ~fA(~Q Samuel 1. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 " II I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of IS Pa. C.S. 4904 (unsworn falsification to authorities). . ~ hlujQ. . . KURT A. LA ESSIG - ~ , I I I Date: 3 - I L{ - 0 6J II II il I, II II i I i I I ,I I I I II CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Counterclaim upon the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Ms. Tami S. Laessig 1290 Riverview Road Dauphin, P A 17018 Date: 3/aa./o(,1 Am~i~)1,~ Secretary for Samuel L. Andes " , <) Ii - ? f r.,) n r'~} C~J f'J ~,;:J '-, --<; T AMI S.LAESSIG, ) IN THE COURT OF COMMON PLAINTIFF ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 02-2197 CIVIL TERM KURT A. LAESSIG, ) DEFENDANT ) IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Defendant's Counterclaim in the above matter and acknowledge receipt of a copy of the Counterclaim this date. Date: 0' 10- )Of.p I I d@m/-J, ~g.1Jt T AMI S. LAESSI€f 1290 Riverview Road - Dauphin, P A g g -00::' 0:)1+' ~..; (~.. ~J: < ;:.;. ': :~-:- :!:= c; ~s; ~ r-..) c::2 c;:::I c:r- :s. :P'" -<: ~ ~.,:D --dtD -o~ 01 -:1 ", :J- -," ~~o om ~ ~ -0 ::J; &' -- .---.. , II TAMI S. LAESSIG, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, ) PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 2002-2197 CIVIL TERM KURT A. LAESSIG, ) Defendant ) IN DIVORCE AFFIDAVIT OF CONSENT 1. The Counterclaim for Divorce was filed on 22 March 2006 and was served upon the Plaintiff on 2 May 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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.S. Section 4904 relating to unsworn falsification to authorities. 2 July 2006 N " (.c.) \'~'-' r'"