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HomeMy WebLinkAbout06-5706DENITA L. CHUKLOCHAK, Plaintiff vs. MICHAEL V. CHUKLOCHAK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ()6-?5 76(o 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 foregoing 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 in 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 at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 DENITA L. CHUKLOCHAK, Plaintiff VS. MICHAEL V. CHUKLOCHAK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. r4 . S-2aG IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. DENITA L. CHUKLOCHAK, Plaintiff VS. MICHAEL V. CHUKLOCHAK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. D(, -5704 IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, DENITA L. CHUKLOCHAK, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is DENITA L. CHUKLOCHAK, an adult individual who currently resides at 118 South 31St Street in Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is MICHAEL V. CHUKLOCHAK, an adult individual who currently resides at 118 South 31St Street in Camp Hill, Cumberland County, Pennsylvania. 3. Both the 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. The Plaintiff and Defendant were married on 30 May 1998 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. 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 Coded Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 < I ' ? III ` l 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 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: IP o1J CD -d? DENITA L. CHUKLOCHAK a N G,J -r DENITA L. CHUKLOCHAK, PLAINTIFF vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-5706 CIVIL TERM MICHAEL V. CHUKLOCHAK, DEFENDANT IN DIVORCE ACCEPTANCE OF S'ERNTICE I hereby enter my appearance for the Defendant in the above matter, accept service of the Divorce Complaint, and acknowledge receipt of a copy of the same. Date: f Sandra L. Meilton Attorney for Defendant Supreme Court ID # S? 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 t--' ;? ? =a -« i?'..? l i ? ^, ? ! + '? __ t .i F"? 1 ? ? ? M, ? t ( 4 ^^^ . ?„J DENITA L. CHUKLOCHAK, ) Plaintiff ) VS. ) MICHAEL V. CHUKLOCHAK, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5706 IN DIVORCE MOTION FOR PROCEEDINGS ON ALIMONY PENDENTE LITE AND NOW comes the above-named Plaintiff, by her attorney Samuel L. Andes, and moves the court to refer this matter to the Domestic Relations Office for proceedings on Plaintiff's Request for Alimony Pendente Lite, which was first raised in the Divorce Complaint she filed on 5 October 2006, a copy of which is attached hereto. Sa L. An es Attorney for Plaintiff Supreme Court ID # 17225 525 North 12'' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 DENITA L. CHUKLOCHAK, Plaintiff VS. MICHAEL V. CHUKLOCHAK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ()6 - 5 7 Uv 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 foregoing 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 in 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 at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 DENITA L. CHUKLOCHAK, Plaintiff VS. MICHAEL V. CHUKLOCHAK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. o L - .S ?aG IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this 11 list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. DENITA L. CHUKLOCHAK, ) Plaintiff ) VS. ) MICHAEL V. CHUKLOCHAK, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-5704 IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, DENITA L. CHUXLOCHAK, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is DENITA L. CHUKLOCHAK, an adult individual who currently resides at 118 South 318` Street in Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is MICHAEL V. CHUKLOCHAK, an adult individual who currently resides at 118 South 318` Street in Camp Hill, Cumberland County, Pennsylvania. 3. Both the 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. The Plaintiff and Defendant were married on 30 May 1998 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. 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. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. II 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. Samuel L. Andes - Attorney for Plaintiff Supreme Court ID # 17225 525 North 12'h Street Lemoyne, Pa 17043 (717) 761-5361 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 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: W a2) (XD ?Cl "^ ? J? • ow?Q DErTITA L. CHUKLOCHAK 9?) M1 w t? aIO C2 ?? ? ? fi r OF THE r?^7TAgy 2009 CC i 13 AIM Ql: ' 5 (PP/ ? Duo Denita L. Chuklochak vs 06-5706 Case No. Michael V. Chuklochak To the Court: Statement of Intention to Proceed Denita L. Chuklochak, Plaintiff Print Name Samuel L. Andes Date: 10-08-2009 intends to proceed with the above captioned matter. Sign Na Plaintiff Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case maybe dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish. to pursue the. case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. -Ti OF 7r+: JTA, Y 2009 OCT 14 AN 3., 3 I DENITA L. CHUKLOCHfiFK, IN THE COURT OF COMMON"PLEAS,' Plaintiff, CUMBERLAND COUNTY;`,PENNSYLVANfA, vs. NO. 06-5706 MICHAEL V. CHUKLOCHAK CIVIL ACTION - LAW Defendant. IN DIVORCE STATEMENT OF INTENTION TO PROCEED To the Court: Defendant, Michael V. Chuklochak, intends to proceed with the above captioned matter. Date: 0 g esle 'earn, Esquire TT EY I.D. #91175 395 Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Defendant Michael V. Chuklochak U- (Y_ , 2009 OC f t 4 f i: v Cs 1! d.:y ti IN DENITA L. CHUKLOCHAK, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-5706 CIVIL TERM MICHAEL V. CHUKLOCHAK, : IN DIVORCE Defendant/Respondent : PACSES NO: 052111225 ORDER OF COURT AND NOW, this 19th day of October, 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on November 10, 2009 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. Lesley J. Beam, Esq. Date of Order: October 19. 2009 BY THE COURT, „1 A, I Edgar B. Bayley, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ",F TH f . f tt Y 2009 OC 20 FF f2: st d GU,r LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 Ibeam(p-kopelaw.com DENITA L. CHUKLOCHAK, Plaintiff, vs. MICHAEL V. CHUKLOCHAK, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-5706 CIVIL ACTION - LAW IN CUSTODY COUNTERCLAIM IN CUSTODY 1. Defendant (hereinafter Father or Defendant) is the natural father of a minor female child, Crystal Chuklochak, born October 31, 1998, who currently resides with both parties at 118 S. 31St Street, Camp Hill, Pennsylvania 17011 (hereinafter the "child"). 2. Plaintiff (hereinafter Mother or Plaintiff) is the natural mother of the child. Mother has been residing at 118 S. 31st Street, Camp Hill, Pennsylvania 17011 and is relocating in the immediate future. Her new address is unknown, but she has retained Samuel L. Andes, Esq. of 525 N. 12th Street, Lemoyne, Pennsylvania 17043 as her attorney. 3. Defendant seeks primary physical and shared legal custody of the child. 4. The child was born in wedlock. 5. The child is presently residing with both Mother and Father at 118 S. 31St Street, Camp Hill, Pennsylvania 17011. Mother intends to vacate the marital home and intends to withhold custody of the child except for limited periods of visitation for Father. 6. During the past five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Denita L. Chuklochak 118 S. 31St Street Michael V. Chuklochak Camp Hill, PA 17011 7. Father is married but separated. 8. Mother is married but separated. 2002 - Present 9. The relationship of Defendant to the child is that of father. Father currently resides with Mother and the child, but Mother is moving out in the immediate future. 10. The relationship of Plaintiff to the child is that of Mother. Mother currently resides with Father and the child, but is moving out in the immediate future. 11. Father has not participated as a party in previous litigation concerning the custody of the child. 12. Father does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. Father is requesting shared legal and primary physical custody of the child subject to partial custody by Mother. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The child has lived with Father and Mother in the family home since 2002. Remaining primarily in the home to which the child has become accustomed will provide the child with a sense of stability, safety, and structure that will be even more important as the parties seek a divorce; (b) The parties both work similar daytime hours, Monday through Friday, with Father working usually only one hour later on weekdays than Mother. Father has the ability to care for the child in a substantially similar fashion during the week and weekends, and the child has the benefit of staying in her own home. (c) Father is able to provide a stable home and emotional environment for the child; and (d) Father has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. 15. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Father requests that this Honorable Court award Father primary physical and shared legal custody of the children. Dated: I I LI VERIFICATION I, Michael V. Chuklochak, the Defendant and Counterclaimant in this matter, have read the foregoing Answer and Counterclaim. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: 1 -p Michael V. Chuklochak FILED--OPHCF OF Tp p,i:nTHr'?,+!1'TARY 2009 NOV -4 PM 12: 53 cure . _%, , J 4.. i. tIAA $ICQ.W • Pb ATW C+ * 51x1 asagw LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kogelaw.com DENITA L. CHUKLOCHAK, Plaintiff, vs. MICHAEL V. CHUKLOCHAK, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-5706 CIVIL ACTION - LAW IN CUSTODY ANSWER AND COUNTERCLAIM IN CUSTODY ANSWER TO COMPLAINT IN DIVORCE 1. Admitted. Plaintiff is currently under preparations to move to a new location. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Defendant is unable to admit or deny of what Plaintiff has been advised. Defendant has been advised of the availability of marriage counseling and that Defendant has the right to request that the Court require the parties to participate in counseling. 8. Defendant is unable to admit or deny this averment. 9. Admitted that the parties have acquired property during the marriage, some of which is held in joint names and some of which is held in separate names. 10. Denied. Plaintiff does not lack sufficient property to provide for her reasonable needs. Defendant disagrees with Plaintiffs assertion that the definition of reasonable needs is those needs which would keep her in the same standard of living as established during the marriage. It is not reasonable to think that either party will be able to continue living in the same standard of living established during the marriage as the parties are no longer combining their income in one household. 11. Admitted that neither party will be able to continue living at the same standard established during the marriage, as the parties are no longer residing in a two- income household. By way of further answer, Defendant is unable to support himself in accordance with the standard of living the parties established during their marriage through appropriate employment. 12. Denied in part; admitted in part. It is admitted that Defendant is employed. It is denied that Defendant enjoys a substantial income from which he is able to pay Plaintiff alimony. 13. Denied. It is denied that Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Denied. It is denied that Defendant enjoys a substantial income. It is further denied that Defendant is able to contribute to the support and maintenance of Plaintiff during the course of this action. 15. Denied. It is denied that Plaintiff is without sufficient funds to retain counsel to represent her in this matter, as she has clearly already done so by the filing of this action and because she enjoys full time employment from which she earns sufficient income. 16. Denied. Defendant is unable to affirm or deny what Plaintiff considers "competent counsel' or what Plaintiff considers "adequate" prosecution and litigation. 17. Denied. Defendant is unable to pay his own expenses and the expenses of the marriage with his income, without Plaintiffs contributions, as well as his own representation. Defendant did not raise this claim of divorce, and Plaintiff should be required to bear the expense of her own attorney. COUNTERCLAIM IN CUSTODY 18. The prior paragraphs of this Answer and Counterclaim are incorporated by reference as though fully set forth herein. 19. Defendant (hereinafter Father or Defendant) is the natural father of a minor female child, Crystal Chuklochak, born October 31, 1998, who currently resides with both parties at 118 S. 31st Street, Camp Hill, Pennsylvania 17011 (hereinafter the "child"). 20. Plaintiff (hereinafter Mother or Plaintiff) is the natural mother of the child. Mother has been residing at 118 S. 31St Street, Camp Hill, Pennsylvania 17011 and is relocating in the immediate future. Her new address is unknown, but she has retained Samuel L. Andes, Esq. of 525 N. 12th Street, Lemoyne, Pennsylvania 17043 as her attorney. 21. Defendant seeks primary physical and shared legal custody of the child. 22. The child was born in wedlock. 23. The child is presently residing with both Mother and Father at 118 S. 31St Street, Camp Hill, Pennsylvania 17011. Mother intends to vacate the marital home and intends to withhold custody of the child except for limited periods of visitation for Father. 24. During the past five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Denita L. Chuklochak 118 S. 31St Street 2002 - Present Michael V. Chuklochak Camp Hill, PA 17011 25. Father is married but separated. 26. Mother is married but separated. 27. The relationship of Defendant to the child is that of father. Father currently resides with Mother and the child, but Mother is moving out in the immediate future. 28. The relationship of Plaintiff to the child is that of Mother. Mother currently resides with Father and the child, but is moving out in the immediate future. 29. Father has not participated as a party in previous litigation concerning the custody of the child. 30. Father does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 31. Father is requesting shared legal and primary physical custody of the child subject to partial custody by Mother. 32. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The child has lived with Father and Mother in the family home since 2002. Remaining primarily in the home to which the child has become accustomed will provide the child with a sense of stability, safety, and structure that will be even more important as the parties seek a divorce; (b) The parties both work similar daytime hours, Monday through Friday, with Father working usually only one hour later on weekdays than Mother. Father has the ability to care for the child in a substantially similar fashion during the week and weekends, and the child has the benefit of staying in her own home. (c) Father is able to provide a stable home and emotional environment for the child; and (d) Father has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. 33. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Father requests that this Honorable Court award Father primary physical and shared legal custody of the children. Dated: I-1 VERIFICATION I, Michael V. Chuklochak, the Defendant and Counterclaimant in this matter, have read the foregoing Answer and Counterclaim. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: 't 7 Michael V. Chuklochak LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 lbeamO-kopelaw.com DENITA L. CHUKLOCHAK, Plaintiff, vs. MICHAEL V. CHUKLOCHAK, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-5706 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, do hereby certify that on this 2"d day of November, 2009, 1 served a true and correct copy of the foregoing Answer and Counterclaim, and Counterclaim in Custody via regular U.S. First Class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PX17043 yesley(J 136am, Esq. I.D. 91175 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 RLfE)--4 H "E OF TI-l' F C7"-"IMAPY 2000 9 N0tl -4 f *11 i2-. 5 j Lesley J. Beam, Esquire Kope & Associates, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 DENITA L. CHUKLOCHAK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW MICHAEL V. CHUKLOCHAK, No. 2006 - 5706 CIVIL TERM Defendant iN DiVORGE PROTHONOTARY: PRAECIPE Please withdraw the appearance of Sandra L. Meilton, Esquire, and Tucker Arensberg, P.C., as counsel for the Defendant. Sandra L. Meilton, E quire, I.D. 32551 Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 Dated : ?l` 3 q (717 -4795 Dennis R. S a er, quire Tucker Ar sberg, P.C. 111 N. Front Street, P.O. Box 889 Harrisburg, PA 17108 Dated: '??i (717) 234-4121 Please enter the appearance 4Lesle Bea and Kope & Associates, LLC, as counsel for Defendant. J. earn, Esquire, I.D. 91175 Ko e & ssociates, LLC SuW?-28 '27S Camp Hill, PA 17011 Dated: 9 (717) 761-7573 OF THE I il" OTIARY 2004 NOV -6 PM 6: ? i DENITA L. CHUKLOCHAK, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-5706 CIVIL TERM MICHAEL V. CHUKLOCHAK, : IN DIVORCE Defendant/Respondent : PACSES CASE: 052111225 ORDER OF COURT AND NOW to wit, this 10th day of November, 2009, it is hereby Ordered that the Petition for Alimony Pendente Lite Order is dismissed, without prejudice, pursuant to the Respondent having a child support obligation under PACSES Case #704108858 and docketed at 1104 S 2006 and that the Respondent being responsible for the first and second mortgages, the real estate taxes and insurance on the marital home. This Order further considers that the Respondent' wages are garnished, by court order, for a bankruptcy payment that was established while the parties were together.. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary's Office for a hearing de novo before the Court. BY THE COURT: ;S.tP 1 Ivy C'•. . Edgar B. Bayley, J. DRO: R.J. Shadday xc: Petitioner Respondent Sainuel L. Andes, Esq. Lesley J. Beam, Esq. Form OE-001 Service Type: M Worker: 21005 200'NO 12 DENITA L. CHUKLOCHAK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-5706 CIVIL ACTION LAW MICHAEL V.CHUKLOCHAK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, November 10, 2009 , 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 Thursday, December 10, 2009 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. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. ,ItA 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 vu CyJ i 12 !Tv cez-4. ap Y " 4) A I ? e-cfr rna.AJ.4c.? &?( S'.lQ s 11pr mat&J -k) A44y -D. s DEC 2 009 DENITA L. CHUKLOCHAK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-5706 CIVIL ACTION LAW MICHAEL V. CHUKLOCHAK Defendant IN CUSTODY ORDER OF COURT AND NOW, this 11 day of 0 e u_m VJ e,(- , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Denita L. Chuklochak, and the Father, Michael V. Chuklochak, shall have shared legal custody of Crystal Chuklochak, born October 31, 1998. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. Pending the follow-up custody conciliation conference scheduled in this Order and further Order of Court or agreement of the parties, the parties shall have physical custody of the Child in accordance with the following schedule: A. The Mother shall have custody of the Child on Christmas Eve and Christmas Day, with the exception of Christmas Day from 10:00 a.m. until 12:00 noon during which the Father shall have custody of the Child. The Father shall also have custody of the Child from Saturday, December 26 at 9:00 a.m. through Monday, December 28 at 8:00 p.m. B. The Father shall have custody of the Child for the weekend from Friday, December 18, 2009 at 3:00 p.m. when the Father shall pick up the Child at school through Sunday, December 20 at 7:00 p.m. The Father's next weekend period of custody, other than the weekend after Christmas, shall take place from Friday, January 8, 2010 at 3:00 p.m. when the Father shall pick up the Child from school through Sunday, January 10, 2010 at 7:00 p.m. The parties shall alternate having custody of the Child on weekends thereafter. The parties shall cooperate with each other in exchanging weekend time in the event the parent who has custody under the regular schedule has to work during a part of the weekend or the entire weekend. C. Beginning Wednesday, December 16, 2009, the Father shall have custody of the Child every week from Wednesday at 4:00 p.m., when the Father shall pick up the Child at the Mother's residence, through Thursday morning, when the Father shall take the Child to school. D. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this Order. 3. The parties shall participate in a course of therapeutic family counseling with Dennis Graybill or other professional at Guidance Associates. The purpose of the counseling shall be to address conflicts which have arisen in the parenting relationship and assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. The parties shall participate in a minimum of four sessions. Any costs of counseling which are not covered by insurance shall be shared with the Father paying 70% and the Mother paying 30% of those costs. The parties shall contact the counselor's office within one week of the date of the custody conciliation conference to schedule the initial sessions. 4. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, February 10, 2010, at 10:30 a.m. The purpose of the conference shall be to review the parties' experience with the temporary schedule further address expansion of the Father's periods of custody with the Child and establish an ongoing schedule to meet the needs of the Child. 5. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Lesley J. Beam, Esquire - Counsel for Father ?? II- O I Samuel L. Andes, Esquire - Counsel for Mother ' DENITA L. CHUKLOCHAK Plaintiff vs. MICHAEL V. CHUKLOCHAK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-5706 CIVIL ACTION LAW 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Crystal Chuklochak October 31, 1998 Mother 2. A custody conciliation conference was held on December 9, 2009, with the following individuals in attendance: the Mother, Denita L. Chuklochak, with her counsel, Samuel L. Andes, Esquire, and the Father, Michael V. Chuklochak, with his counsel, Lesley J. Beam, Esquire and Julie Wehnert, Esquire. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the provision regarding the Wednesday overnight periods of custody which is the recommendation of the conciliator. 0441'M'&d /a, -10o Date Dawn S. Sunday, Esquire Custody Conciliator FILED-C' r CE OF THE PFROT Hr; NOTARY 2009 DEC I 1 PM 3: 14 CL,VE, - ' j '?,WNTY PE.NNSYLVAI IA DENITA L. CHUKLOCHAK, Plaintiff VS. MICHAEL V. CHUKLOCHAK, Defendant IN THE COURT OF COMMON C ) '; PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5706 IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff, Denita L. Chuklochak, certifies that: A. A notice of intent to serve the subpoena with a copy of the subpoena attached hereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served. B. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. C. No objection to the subpoena has been received. D. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: ??,,? ZO(l7 ? (?:) (-:? &:'? a S el L. s Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 DENITA L. CHUKLOCHAK, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5706 MICHAEL V. CHUKLOCHAK, Defendant IN DIVORCE NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE, DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Plaintiff, Denita L. Chuklochak, hereby advises you of her intent to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below I which to file, of record, and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 15 December 2009 Attorney for Plaintiff Supreme Court ID # 17225 525 North 12" Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 DENITA L. CHUKLOCHAK, ) Plaintiff ) vs. ) MICHAEL V. CHUKLOCHAK, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5706 IN DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania Department of Revenue Pennsylvania Lottery P.O. Box 8671 Harrisburg, PA 17105 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things : those items listed on Schedule A at: the office of Samuel L. Andes at 525 North 12`h Street in Lemoyne, Pennsylvania 17043. You may deliver or mail legible copies of the documents or things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Samuel L. Andes, Esquire 525 North 12th Street, Lemoyne, PA 17043 (717) 761-5361 DATE: BY THE COURT, Prothonotary Seal of the Court SCHEDULER 1. Copies of all documents relating to or confirming lottery winnings paid to Michael V. Chuklochak of 118 S. 31' Street, Camp Hill, PA 17011 paid by the Pennsylvania lottery system at any time during calendar years 2006 through 2009. 2. Copies of all documents relating to or confirming lottery winnings paid to Ronald Chuklochak of 69 Schrader Avenue, Johnstown, Pennsylvania or any other address in Johnstown, Pennsylvania paid by the Pennsylvania lottery system at any time during calendar years 2006 through 2009. to the present. CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Lesley J. Beam, Esquire 395 St. John's Church Road, Suite 101 Camp Hill, PA 17011 Date: 15-4"&W"Ak a"9 Amy M. Harkins Secretary for Samuel L. Andes MAR 12 2010, DENITA L. CHUKLOCHAK Plaintiff vs. MICHAEL V. CHUKLOCHAK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-5706 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of M0,,r c„h. 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated December 11, 2009 shall continue in effect as modified by this Order. 2. The parties shall participate in a course of co-parenting counseling with a professional to be selected by agreement between the parties by March 12, 2010. The parties shall cooperate in selecting the co-parenting counselor and scheduling the first session. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child and make decisions jointly to promote their Child's best interests. 3. The Father's alternating weekend periods of custody shall extend through Monday morning when the Father shall take the Child to school. The Father shall pick up the Child directly from school at the beginning of his weekend periods of custody on Friday. 4. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Monday, May 10, 2010 at 1:00 p.m. for the purpose of reviewing the custodial arrangements and addressing the Father's request for expansion of his custodial time following participation in co-parenting counseling. 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc 'Lesley J. Beam, Esquire - Counsel for Father n Xamuel L. Andes, Esquire - Counsel for Mother J BY THE COURT , M. L. Ebert, Jr. J. 71 - JI Gi DENITA L. CHUKLOCHAK Plaintiff VS. MICHAEL V. CHUKLOCHAK Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-5706 CIVIL ACTION LAW 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Crystal Chuklochak October 31, 1998 Mother/Father 2. A custody conciliation conference was held on March 8, 2010, with the following individuals in attendance: the Mother, Denita L. Chuklochak, with her counsel, Samuel L. Andes, Esquire, and the Father, Michael V. Chuklochak, with his counsel, Lesley J. Beam, Esquire. 3. The parties agreed to entry of an Order in the form as attached. YkI 6 / 0 o a--" Z' Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENITA L. CHUKLOCHAK, Plaintiff NO. 06-5706 0 N O 71L 7 V. MICHAEL V. CHUKLOCHAK, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY PETITION REQUESTING WITHDRAWAL AS COUNSEL AND NOW, comes the undersigned, presently counsel for Defendant, Michael V. Cs.S cr-, s Chuklochak, who hereby files the instant Petition to Withdraw as Counsel and in support thereof avers as follows: 1. Petitioner is Attorney Lesley J. Beam, Esquire, and Howett, Kissinger & Holst, P.C., counsel of record for Defendant, Michael V. Chuklochak (hereinafter "Petitioner") 2. Respondent is Michael V. Chuklochak, Defendant with an address of 118 South 31St Street, Camp Hill, PA 17011, telephone (717) 802-4348 (hereinafter "Respondent"). Petitioner has represented Respondent since approximately October 7, 2009, when Respondent formally engaged Petitioner as counsel. 3. Counsel for Plaintiff is Samuel L. Andes, Esquire, whose offices are located at 525 North 12' Street, P.O. Box 168, Lemoyne, PA 17043-1213, telephone (717) 761- 5361. 4. The fee agreement that Respondent executed with the undersigned requires his compliance with its provisions, and it states that non-compliance with the agreement is a basis for counsel to terminate representation. Respondent is, and has been, non-compliant with his fee agreement contract. 5. Respondent has failed to abide by his fee agreement with Petitioner by failing to make payment of his outstanding bill, and by failing to comply with its escrow requirement. 6. There is no proceeding currently pending before this Court in this matter, so neither Respondent nor Plaintiff will be prejudiced by the Court granting Petitioner's request for withdrawal. There is a custody conciliation scheduled for Monday, May 10, 2010, before Attorney Dawn Sunday. Respondent has indicated that he will appear at the custody conciliation on his own. 7. Opposing counsel, Samuel L. Andes, Esquire, has been apprised of the undersigned's intention to file the instant Petition to Withdraw as Counsel, and he has no objection to counsel's withdrawal. 8. Respondent, Michael V. Chuklochak, has been apprised of the undersigned's intention to file the instant Petition to Withdraw as Counsel, and he has no objection to counsel's withdrawal. WHEREFORE, Petitioner respectfully requests this Honorable Court enter an order permitting the withdrawal of Attorney Lesley J. Beam, Esquire, and the Law Firm of Howett, Kissinger & Holst, P.C., as counsel of record for Defendant, Michael V. Chuklochak. Date: .S' 7 / Pin I (j esleye Esquire OW SSINGER & HOLST, P.C. 130 Walnut Street / P. 0. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Michael V. Chuklochak IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENITA L. CHUKLOCHAK, Plaintiff ) NO. 06-5706 V. ) MICHAEL V. CHUKLOCHAK, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Michael V. Chuklochak, Defendant, in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition Requesting Withdrawal as Counsel was served upon Samuel L. Andes, Esquire, counsel for Denita L. Chuklochak, Plaintiff, and Defendant, Michael V. Chuklochak, by regular mail on May 7, 2010. Samuel L. Andes, Esquire 525 North 12'' Street P.O. Box 168 Lemoyne, PA 17043-1213 Mr. Michael V. Chuklochak 118 S. 31 s` Street Camp Hill, PA 17011 Telephone: (717) 802-4348 Date: -5 r] ?b to Lesfe J Blom, Esquire HO TT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Michael V. Chuklochak I, MAY .i 12010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENITA L. CHUKLOCHAK, Plaintiff V. MICHAEL V. CHUKLOCHAK, Defendant NO. 06-5706 CIVIL ACTION - LAW IN DIVORCE/CUSTODY ORDER OF COURT tk AND NOW, this tL_ day of Ay , 2010, upon consideration of the Petition for Withdrawal as Counsel filed by the law firm of Howett, Kissinger & Holst, P.C., and Lesley J. Beam, Esquire, it is hereby ORDERED and DECREED that said law firm and counsel shall be permitted to withdraw as counsel of record for Defendant, Michael V. Chuklochak, and said appearance shall be hereby deemed to be withdrawn. BY THE COURT: Distribution: Lesley J. Beam, Esquire, P.O. Box 810, Harrisburg, PA 17108, (717) 234-2616 ,?? ue1 L. Andes, Esquire, P.O. Box 168, Lemoyne, PA 17043-1213, (717) 761-5631 -Michael V. Chuklochak, pro se, 118 S. 31" Street, Camp Hill, PA 17011, (717) 802-4348 eon ?? LCL N 0 a rt rz) MAY 17 2010 DENITA L. CHUKLOCHAK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. MICHAEL V. CHUKLOCHAK 2006-5706 CIVIL ACTION LAW Defendant IN CUSTODY C tz- ? --t in I :r co ORDER '' {-? AND NOW, this 10th day of May, 2010 , the conciliator, having scheduled a follow- up conciliation conference for May 10, 2010 by request and agreement of the parties, for which only the Mother's counsel appeared, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator