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HomeMy WebLinkAbout06-5997I MARIE E. SAUVAGEAU, Plaintiff V. DREW P. LEISENRING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006 - 5_ CF -7 CIVIL TERM 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 at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 0' MARIE E. SAUVAGEAU, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 3 4? CIVIL TERM DREW P. LEISENRING, CIVIL ACTION-LAW Defendant IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Marie E. Sauvageau, an adult individual who currently resides at 309 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055-3744. 2. Defendant is Drew P. Leisenring, an adult individual who currently resides at 4105 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055-5990. 3. Defendant has been a bona fide resident in 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 January 22, 2005 in Quebec, Canada. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the Court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. le COUNTI - CUSTODY 9. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 8 of this Complaint. 10. The parties have one child of their marriage, Charlotte Marie Leisenring, born December 17, 2004, age 1. The child was not born in wedlock. The child is presently in the custody of the plaintiff at 309 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055-3744. During the past 2 years, the child has resided with the following persons at the following addresses: Persons Marie E. Sauvageau Marie E. Sauvageau Marie E. Sauvageau Drew Leisenring Residences Dates 1101 Lindham Court July 1, 2005 - Present Mechanicsburg, Pennsylvania 4105 Lisburn Road February 1, 2005 thru Mechanicsburg, Pennsylvania July 1, 2005 Montreal, Canada December 17, 2004 thru February 1, 2005 The natural father of the child is Drew P. Leisenring, currently residing at 4105 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055-5990. He is married to the plaintiff. The natural mother of the child is Marie E. Sauvageau, currently residing at 309 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055-3744. She is married to the Plaintiff. J 11. The relationship of the Plaintiff to the child is that of natural mother. The plaintiff currently resides with the following persons: Names Relationship Charlotte Marie Leisenring Daughter 12. The relationship of the defendant to the child is that of natural father. The defendant currently resides with the following persons: Names Mr. and Mrs. Leisenring Relationship Parents 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: none. WHEREFORE, Plaintiff requests your Honorable Court to grant her shared physical custody shared legal custody Child. Respectfully submitted, Date: October It , 2006 O'BRIEN, BARIC & SCHERER )rw??w &?? Michael A. Scherer, Esquire I. D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attomey for Plaintiff maslDomesticlSauvageauld ivorce.com p MARIE E. SAUVAGEAU, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - CIVIL TERM DREW P. LEISENRING, CIVIL ACTION-LAW Defendant IN DIVORCE VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: 112 0.5 , 2006 ?arie E. auvageau s V'!" ?C) 1 r^. V' G? i : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5997 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT FOR CUSTODY 1. Plaintiff is Marie E. Sauvageau, an adult individual, residing at 309 West MARIE E. SAUVAGEAU, Plaintiff V. DREW P. LEISENRING, Defendant Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Drew P. Leisenring, an adult individual, residing at 4105 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks primary custody of the following child: Name Present Residence Charlotte M. Leisenring 309 West Locust Street Mechanicsburg, PA 17055 The child was born out of wedlock. Date of Birth December 17, 2004 The child is presently in the custody of the Plaintiff at 309 West Locust Street, Mechanicsburg, Pennsylvania 17055. During the past five years, the child has resided with the following persons and at the following addresses: Name Marie E. Sauvageau Marie E. Sauvageau Marie E. Sauvageau Drew Leisenring Address 309 West Locust Street Mechanicsburg, Pennsylvania 4105 Lisburn Road Mechanicsburg, Pennsylvania Montreal, Canada Date July 1, 2005 - Present February 1, 2005 thru July 1, 2005 December 17, 2004 thru February 1, 2005 A The mother of the child is Marie E. Sauvageau who resides 309 West Locust Street, Mechanicsburg, Pennsylvania 17055. She is married to the Defendant. The father of the child is Drew P. Leisenring, currently residing at 4105 Lisburn Road, Mechanicsburg, Pennsylvania 17055. He is married to the Plaintiff. 4. The relationship of the Plaintiff to the child is that of natural mother. The plaintiff currently resides with the following persons: Name Relationship Charlotte Marie Leisenring Daughter 5. The relationship of Defendant to the child is that of natural father. The defendant currently resides with the following persons: Name Relationship Mr. and Mrs. Leisenring Parents 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. r 7. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER G Michael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas.dir/domestic/sauvageau/custody.comp rJ.? ? d N N U °:J MARIE E. SAUVAGEAU IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DREW P. LEISENRING DEFENDANT 06-5997 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 25, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 21, 2006 at 9:30 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 THE COURT, By: /s/ jacquelrne M. Verney, Esq. jo 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 LL3 r ='' O ;1 s? C-' a `"' v ?O- e- e-o/ A?y e .L20 la. 4c-w Sq C :C Wd tZ 130 999Z NOV 2 2 2006 MARIE E. SAUVAGEAU, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-5997 CIVIL ACTION - LAW DREW P. LEISENRING, Defendant IN CUSTODY ORDER OF COURT AND NOW, this J? XV% day of M o4uyAb pr , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Marie E. Sauvageau and the Father, Drew P. Leisenring, shall have shared legal custody of Charlotte M. Leisenring, born December 17, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parties shall share physical custody on the following schedule: A. Father shall have physical custody of the child every Friday from 5:00 p.m. to Monday at 7:00 a.m. and every Tuesday and Wednesday evening from 5:00 p.m. to 8:00 p.m. B. Mother shall have physical custody at all other times unless set forth herein. 3. Father shall have physical custody of the child for Thanksgiving from Wednesday at 5:00 p.m. to Sunday at 8:00 p.m. 5 4. Father shall have physical custody of the child on Christmas Eve until 6:00 p.m. Mother shall have physical custody of the child from December 24 at 6:00 p.m. to January 9, 2007 at 5:00 p.m. when Father's Tuesday evening schedule becomes operative. 5. Transportation shall be shared such that the receiving party shall transport. 6. It is acknowledged that the child enjoys dual citizenship of the United States and Canada. Neither party may remove the child from the jurisdiction of this Court without a prior Order of Court or an agreement of the parties. 7. The parties shall provide at all times the telephone number where the child may be reached and an address of her location. 8. The parties may have reasonable telephone contact with the child. 9. 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. Another Custody Conciliation Conference is scheduled for March 6, 2007 at 9:30 a.m. BY THE COURT, cc: Michael A. Scherer, Esquire, Counsel for Mother Elizabeth Barron Stone, Esquire, Counsel for Father / la - ?` b 6 JR S VI VAS ASNN3- ey^r AjN lei h 0 *.1 Nd R AON 90OZ AWIONURIC18d 3HI ?O 3013.tO-- MW a ' . -% MARIE E. SAUVAGEAU, Plaintiff V. DREW P. LEISENRING, Defendant PRIOR JUDGE: None 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 Charlotte M. Leisenring : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5997 CIVIL ACTION - LAW : IN CUSTODY DATE OF BIRTH CURRENTLY IN CUSTODY OF December 17, 2004 Mother 2. A Conciliation Conference was held in this matter on November 21, 2006, with the following in attendance: The Mother, Marie E. Sauvageau, with her counsel, Michael A. Scherer, Esquire, and the Father, Drew P. Leisenring, with his counsel, Elizabeth Barron Stone, Esquire. 3. The parties agreed to an Order in the form as attached. /j 701a Date N. " Jacq eline M. Verney, Esquire Custody Conciliator MARIE E. SAUVAGEAU, Plaintiff V. DREW P. LEISENRING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5997 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 13, 2006. 2. Defendant received Divorce Complaint via U.S.P.S. Certified Mail on October 17, 2006. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 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. 6. 1 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the court require counseling. 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.A. Section 4904 relating to unsworn falsification to authorities. Date: January 18 , 2007 rha C) ?, MAR J k 2001, AV MARIE E. SAUVAGEAU, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSY I- VANIA V. : NO. 2006-5997 CIVIL ACTION - LA DREW P. LEISENRING, Defendant IN CUSTODY ORDER OF COURT ?h AND NOW, this ?-7 day of M a.r t_? , 2007, up consideration of the attached Custody Conciliation Report, it is ordered and dir ted as follows: 1. The prior Order of Court dated November 29, 2006 is hereby 2. The Mother, Marie E. Sauvageau and the Father, Drew P. Leise j ing, shall have shared legal custody of Charlotte M. Leisenring, born December 17, 2001 . Each parent shall have an equal right, to be exercised jointly with the other parent, td ake all major non-emergency decisions affecting the Child's general well-being inclu i g, but not limited to, all decisions regarding her health, education and religion. Purs t to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and infor m ation pertaining to the child including, but not limited to medical, dental, religious o chool records, the residence address of the child and the other parent. To the extent o r e parent has possession of any such records or information, that parent shall be required share the same, or copies thereof, with the other parent within such reasonable time a s to make the records and information of reasonable use to the other parent. Both parent hall be entitled to full participation in all educational and medical/treatment planning etings and evaluations with regard to the minor child. Each parent shall be entitled t 11 and complete information from any physician, dentist, teacher or authority and co i s of any reports given to them as parents including, but not limited to: medical records, b irth certificates, school or educational attendance records or report cards. Additio a ly, each parent shall be entitled to receive copies of any notices which come from scho with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. i 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical cust A. Beginning March 16, 2007 alternating weekends from Frid at 5:00 p.m. to Monday morning when Father will insure that the c hi ld is transported to pre-school at 9:30 a.m. B. Beginning March 23, 2007 alternating weekends from Frid at 5:00 p.m. to Sunday at 5:00 p.m. pp `` 1 60 :11 HV L? ?l'!q Lf CZ C. On the week following Father's weekend that ends on S alternating Wednesday evenings from 4:00 p.m. to 7:00 5. In the event that either party is in need of a babysitter for more n two hours, the custodial parent shall contact the non-custodial parent and offer said lab y sitting opportunity to the non-custodial parent. 6. Mother shall have physical custody of the child Easter weekend 007 from Good Friday to Easter Sunday morning at 8:00 a.m. when Father shall have physical custody of the child from 8:00 a.m. to 12:00 noon. Mother shall have the rem i der of Easter Sunday into Easter Monday. 7. Thanksgiving shall be shared such that Mother shall have physi 1 custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall have physical custody If the child from 3:00 p.m. to 9:00 p.m. 8. Christmas shall be divided into two Blocks. Block A shall be fio 12:00 noon Christmas Eve to Christmas Day at 12:00 noon. Block B shall be from C' stmas Day at 12:00 noon to December 26 at 12:00 noon. The parties shall alternate B cks as agreed. 9. Each party shall have 14 days, consecutive at their discretion, o hys custody of the child during the year, provided they give the other party 30 day rior notice. 10. Father agrees to obtain a random drug test within 18 hours of a quest from Mother. 11. Transportation shall be shared such that the receiving party sha I ransl 12. It is acknowledged that the child enjoys dual citizenship of the kited States and Canada. Neither party may remove the child from the jurisdiction this Court without a prior Order of Court or an agreement of the parties. 13. The parties shall provide at all times the telephone number wheir the child may be reached and an address of her location. 14. The parties may have reasonable telephone contact with the 15. Neither party shall do or say anything, nor permit a third party do or say anything that may estrange the child from the other parent, injure the opinion 61 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. 16. This Order is entered pursuant to an agreement of the parties at a Conciliation Conference. The parties may modify the provisions of this Order t consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Michael A. Scherer, Esquire, Counsel for Mother 7 Elizabeth Barron Stone, Esquire, Counsel for Father !n'i0t? a 7- 0 MARIE E. SAUVAGEAU, : IN THE COURT OF COMMON PLS OF Plaintiff : CUMBERLAND COUNTY, PENNS VANIA V. NO. 2006-5997 DREW P. LEISENRING, Defendant PRIOR JUDGE: None : IN CUSTODY CIVIL ACTION ? CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the fol report: 1. The pertinent information concerning the Child who is the subj litigation is as follows: W f this NAME DATE OF BIRTH CURRENTLY IN CUSTO? OF Charlotte M. Leisenring December 17, 2004 Mother 2. A Conciliation Conference was held in this matter on March 13, 07, with the following in attendance: The Mother, Marie E. Sauvageau, with her co n el, Michael A. Scherer, Esquire, and the Father, Drew P. Leisenring, with his couns Elizabeth Barron Stone, Esquire. 3. The Honorable M.L. Ebert, Jr., previously entered an Order of Ca dated November 29, 2006 providing for shared legal custody and shared physical cust with Father having 6 overnights every fourteen days and two evenings per week. 4. The parties agreed to an Order in the form as attached. '3 '1'3 _C, Date gacoeline M. Verney, Esquire Custody Conciliator MARIE E. SAUVAGEAU, Plaintiff V. DREW P. LEISENRING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006 - 5997 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed a certified mailing return receipt card on October 17, 2006. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on January 18, 2007; and Defendant on June 20, 2007. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: The parties signed Waivers of Notice of Intent to Request Entry of Divorce Decree. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ?? ? ?? w 'th` ' ?- ? - -,- r ?? c ... .. ra ?? ?-- r r -ra , ?.. ?--- ., ''? --_! > , .. "? '_.3 :. _.?;? ?'? C? Ca'? ?,?=i t.C3 MARIE E. SAUVAGEAU, Plaintiff V. DREW P. LEISENRING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006 - 5997 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 13, 2006. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 1 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. 5. 1 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the court require counseling. 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.A. Section 4904 relating to unsworn falsification to authorities. Date: June-Zo , 2007 C) i MARIE E. SAUVAGEAU, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 5997 CIVIL TERM i DREW P. LEISENRING, CIVIL ACTION-LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE I hereby certify that on October 17, 2006, the United States Postal Service served upon the defendant, Drew P. Leisenring, the Divorce Complaint by Certified Mail as indicated by the Certified Mail Domestic Return Receipt attached hereto as "Exhibit A:" DATE: 11ILP1001 W M' a I A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff . - . ¦ Complete items 1, 2, and 3. Also complete item 4 H Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: DREW PAUL LEISENRING 4105 LISBURN RD ` Mfff-CSBTTRG' PA 17055-5 A. Signature r? 0 Agent IM A?- B. =8mMWLW7 PdnW Name) C. Date o Det /0//-7/04 D. Is delivery address different from rap 17 0 Yes If YES, enter delivery address be& RNo s! Service Type 19 Certified Mail 0 Express Mall 0 Registered 0 Ratum RwsV for MerdwKfte 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? Pit Fee) ® Yes 2. ArrideNdunbw 7006 0810 0000 7876 0426 (rhvm service ds? Ps Form 3811, February 2004 Domestic Return Rsdxipt 102595-02-M-1540 Exhibit "A" ?` G7 ---J ) 7 _ .? .r=" f...... ?..? `- .. ; N ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ? a Plaintiff NO. 2006-5997 Civil VERSUS DREW P. LEISENRING. Defendant DECREE IN DIVORCE AND NOW, 7.tk7, IT IS ORDERED AND DECREED THAT MARIE E SAUVAGEAU , PLAINTIFF, AND DREW P. LEISENRING DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. A BY THE COURT ?-? <,- o -Ji-f - (- LO- L MARIE E. SAUVAGEAU, Plaintiff V. DREW P. LEISENRING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2006-5997 : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as attorney in the above-captioned action for the Plaintiff, Marie i;aa*eag per her request. SGU040 ta'c Respectfully submitted, Date: 2008 10AA, 4 Micha cherer O'Brien, Baric & Scherer Attorney ID # 6 /17 y 19 West South Street Carlisle, PA 17013 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-captioned action for the Plaintiff, MARIE E. SAUVAGEAU, per her request. Date: 7 11,r , 2008 Respectfully submitted, Kusan K. PickforQ Scaringi & Scaringi, P C. Attorney ID #43093 2000 Linglestown Road, Ste 106 Harrisburg, PA 17011 n rIz, ? y Aug, 7. 2008 10:07AM Scaring; & Scaringi No.2350 P. 4 MARIE E. SAUVAGEAU, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DREW P. LEISENRING, Defendant : NO.: 2006-5997 : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as attorney in the above-captioned action for the Plaintiff, Marie Sauveagu, per her request. Date: 2008 Respecy submitted. t Susan K. Pickford Scaringi & Scaringi, P.C. Attorney ID #43093 2000 Linglestown Road, Ste 106 Harrisburg, PA 17011 LRAECIPE 0 ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-captioned action for the Plaintiff, MARIE E. SAUVAGEAU, per her request. Date:" , 2008 9cpft & Scaringi, P.C. Attorney ID 090951 2000 Linglestown Road, Ste 106 Harrisburg, PA 17011 CERTIFICATE OF SERVICE I, Mary L. Snyder, law clerk for Scaringi & Scaringi, P.C., do hereby certify that the Praecipe to Withdraw/Praecipe to Enter Appearance in the above-captioned action has been duly served upon Defendant's attorney, Elizabeth Stone, via United States First Class Mail, addressed as follows: Elizabeth Stone, Esq. 414 Bridge Street Post Office Box E New Cumberland, PA 17070 c, Date: August 12, 2008 r4 Mary L. S "y r, aw Clerk ? .. Xo, ril -.Orr, -' .r` F:\DOCS\FL\CUST\Leisenring.Drew - Petition for Modification of Custody.wpd ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR DEFENDANT MARIE E. SAUVAGEAU, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-5997 CIVIL ACTION - LAW DREW P. LEISENRING, Defendant/Petitioner IN CUSTODY DEFENDANT'S PETITION FOR MODIFICATION FOR CUSTODY 1. The Petitioner/Defendant is DREW P. LEISENRING, an adult individual, residing at 4105 Lisburn Road, Mechanicsburg, PA 17055. 2. The Respondent/Plaintiff is MARIE E. SAUVAGEAU, an adult individual, residing with her current boyfriend, Jeremy Baum, at an unknown location in Gardners, PA. 3. Petitioner shares legal custody with the Respondent of CHARLOTTE M. LEISENRING who resides with the Mother at an unknown location in Gardners, PA, is three and one-half (3 '--? ) years of age having been born on December 17, 2004. 4. The best interest and permanent welfare of the child will be served by granting the relief requested because: -1- N (a) The parties have been following the November 29, 2006, Order of Court, custody schedule, wherein Father has custody of the child every weekend; (b) The Father is able to provide a stable home and family type environment for the child allowing the child opportunity to spend equal time with the child's mother; and (c) The Father would like additional time with the child; specifically longer weekends and more overnights during the week. 5. The Father would request that the mother not be able to move more than 25 miles from her current residence. She has recently moved from Mechanicsburg to Gardners, PA, with only 24 hours notice to Father. 6. The parties have not been able to agree on a vacation and holiday schedule and are in need of specific times and places for drop offs of the minor child. 7. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 8. Father would like to include a babysitting clause into the agreement that provides than neither parent shall leave the minor child with other relatives or non-relative other than the agreed upon day care facility for more than 2 hours at any one -2- time. If for any reason a parent needs to leave the child for longer than 2 hours, the other parent must be notified and have the option of picking the child up for that period of time. 9. Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 10. Petitioner has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 11. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. WHEREFORE, your Petitioner requests this Honorable Court to grant partial custody of the minor child to him and grant any and all such other relief as this Court deems just and proper. Respectfully submitted, STONE LaZAVFR & ?l' eth . Stone, Esquire pr e ourt I.D. #60251 414 r' ge Street, P.O. Box E N mberland, PA 17070 e phone: (717) 774-7435 Dated: 8-Ze--cab Attorneys for Defendant/Petitioner -3- VERIFICATION DREW P. LEISENRING states that he is the Defendant/Petitioner named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: (g''" '?0® CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff/Respondent by regular mail, postage prepaid, addressed as follows: Debra R. Mehaffie Scaringi &Scaringi, P.C. 2000 Linglestown Road, Ste 1 Harrisburg, PA 17011 Date . 1?- 2° -C)O E1,?rLa?h B. one, Esquire r & Shekletski treet, P.O. Box E nd, PA 17070 717) 774-7435 :77 74-3869 Defendant/Petitioner -4- -tf? ?c o ? ? © T..,, W ? ? 'G ?' •-? r?q -1 `? 'Q ? ?, ??', e` ?ti '?? `"' ? i'r r- ? '- ? :< -..?) MARIE E. SAUVAGEAU IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V DREW P. LEISENRING DEFENDANT 2006-5997 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, September 05, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 02, 2008 at 9:30 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 THE COURT, By: /s/ acqueline M. Verney, Esq. /)'2_ 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 vl-v }' ?, j X43 si tt( ou n7? 6i MARIE E. SAUVAGEAU, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-5997 CIVIL ACTION - LAW DREW P. LEISENRING, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1W day of 4 A- , 2008, upon consideration of the attached Custody Conciliation Report, it is or Bred and directed as follows: 1. The prior Order of Court dated March 27, 2007 shall remain in full force and effect with the following modifications and additions. 2. Paragraph 4A shall be modified to provide for the return time of 9:00 a.m. on Monday mornings. Beginning October 19, 2008, during the weekends that Father has the child until Monday morning, Mother shall have physical custody of the child on Sunday mornings from 9:00 a.m. to 1:00 p.m. to take the child to church. 3. Paragraph 5 of the Order of Court shall provide as follows: In the event that either party is in need of a babysitter for more than three hours, the custodial parent shall contact the non-custodial parent and offer said baby sitting opportunity to the non- custodial parent. 4. Transportation shall be shared such that the parties shall exchange custody at the Dillsburg Giant. 5. Father shall not consume any alcoholic beverage immediately prior to or during his periods of physical custody of the child. 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. J. cc: Elizabeth Barron Stone, Esquire, Counsel for Father Debra R. Mehaffie, Esquire, Counsel for Mother hut: ?? ' D p o 41 co ul 3 ? '?rZ C1"' co a C-4 MARIE E. SAUVAGEAU, Plaintiff V. DREW P. LEISENRING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-5997 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. 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 Charlotte M. Leisenring December 17, 2004 Mother 2. A Conciliation Conference was held in this matter on October 6, 2008, with the following in attendance: The Father, Drew P. Leisenring, with his counsel, Elizabeth Barron Stone, Esquire and The Mother, Marie E. Sauvageau, with her counsel, Debra R. Mehaffie, Esquire. 3. The Honorable M.L. Ebert, Jr., previously entered an Order of Court dated March 27, 2007 providing for shared legal custody, Mother having primary physical custody and Father having every weekend. 4. The parties agreed to an Order in the form as attached. !(J -& -off Date ?v ac eline M. Verney, Esquire Custody Conciliator