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HomeMy WebLinkAbout06-6008 b' HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 21820 84 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-8080 ATTORNEY FOR PLAINTIFF AMBER E. WEBSTER, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . Y. : CIVIL ACTION - LAW : NO. 2008 -(/106% CIVIL TERM ADAM D. WEBSTER, Defendant : IN DIVORCE NOTICE 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 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717 -249-3166 .v AMBER E. WEBSTER, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : CIVIL ACTION - LAW : NO. 2008 - (,00 P CIVIL TERM ADAM D. WEBSTER, Defendant . . : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 330100 OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is AMBER E. WEBSTER, an adult individual residing at 14 Terri Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. The defendant is ADAM D. WEBSTER, an adult individual residing at 14 Terri Drive, Carlisle, Cumberland County, Pennsylvania 17015. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on August 9,2002 in Ogden, Utah. 5. Pursuant to the Divorce Code, Section 3301 (c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. ". 6. The plaintiff avers that she has been advised of the availability of counseling and that she has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. October /3,2006 ~ ~ ~BSTER, Plaintiff HAROLD S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 AMBER E. WEBSTER, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Y. : CIVIL ACTION. LAW : NO. 2008 .t !JOi CIVIL TERM ADAM D. WEBSTER, Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. October 13,2006 AMBER E. WEBSTER, Plaintiff ~~~ J ~~ --.... 0<::\ -+-- '-.J w C> q.. 0- 'C:-; 0 c:::J -n ,~:f-" ~ o C) .-1 - w -c .r '- " ;~:!\\ \~, \..>" <-.- ~ :~ <.~) o 0) AMBER E. WEBSTER, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Y. : CIVIL ACTION - LAW : NO. 2006 - t,/Jt; i CIVIL TERM ADAM D. WEBSTER, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is AMBER E. WEBSTER, an adult individual residing at 14 Terri Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. The defendant is ADAM D. WEBSTER, an adult individual residing at 14 Terri Drive, Carlisle, Cumberland County, Pennsylvania 17015. 3. The parties are the natural parents of a minor child, namely HUNTER JADEN WEBSTER (born January 28, 2003). 4. The child was born during the marriage of the parties and has resided with both parties from the date of his birth. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the child in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the child pending in a court of this Commonwealth. 7. The 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. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal and physical custody of the child in accordance with their mutual agreement hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the child and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of their minor child, HUNTER JADEN WEBSTER (born January 28,2003). Joint legal custody means both parents shall jointly share the right of control of their child and shall share in making decisions of importance in the life of their child, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. Notwithstanding the foregoing, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and Order and the best interests of the child. B. The parties shall share physical custody of the child according to their mutual agreement. C. The parties shall share physical custody of the child on holidays and on the child's birthdays as mutually agreed from time to time, with the intent that they shall share such days on as much of an equal basis as reasonably possible. D. The Father shall always have the child on Father's Day and the Mother shall always have the child on Mother's Day. E. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. F. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. G. The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties. H. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. I. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. J. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid without the requirement of a custody conciliation or hearing. ROLD S. IRWIN, II Attorney for Plaintiff October 13, 2006 VERIFICATION AND CONFIRMATION OF AGRIiEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~ 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. cd-13cJc<< , 2006 ~ Q IiL6 (SEAL) Cbt~s .2~ ' 2006 / ~- ~EAL) , COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the fl day of October, 2006, before me, the undersigned officer, personally appeared ADAM D. WEBSTER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my h (SEAL) COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the 13~ay of October, 2006, before me, the undersigned officer, personally appeared AMBER E. WEBSTER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my ha d and official seal. l! S:~,. ~ 0 c::,) -n c- ;- c' CJ C.--~' --' - w -c ~ '-t? o --l :1:5 :'..::: AMBER E. WEBSTER, Plaintiff = THE COURT OF COMMON PLEAS OF = CUMBERLAND COUNTY, PENNSYLVANIA Y. = CIVIL ACTION. LAW = NO. 2008 . , 41J Y CIVIL TERM ADAM D. WEBSTER, Defendant = IN DIVORCE ACCEPTANCE OF SERVICE I, ADAM D. WEBSTER, defendant in this divorce action, hereby certify that I received a certified copy of the complaint in divorce on or about October 13, 2006, by personal service at 64 South Pitt Street, Carlisle, PA 17013. I verify that the statements made in this acceptance of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. October 13, 2006 k- D. ~~ ADAM D. WEBSTER Defendant ,...., c:;:> = <::r' a c..; ~! C) -r1 :::! 0'> -r.t ~ N ~-~' '~~i '.\~'" '-' j. .' OCT I 8 lOOf) ()~ i l)1i HAROLD So IRWIN, III ESQ ATTORNEY ID NO. 28820 84 SOU11I PITT STREET CARUSLE PA 17013 (717) 2G-809O ATTORNEY FOR PLAlNnFF = THE COURT OF COMMON PLEAS OF = CUMBERLAND COUNTY, PENNSYLVANIA AMBER E. WEBSTER, Plaintiff . . v. = CIVIL ACTION. LAW = NO. 2008 .~Jf/l CIVIL TERM . . ADAM D. WEBSTER, Defendant = IN CUSTODY ORDER OF COURT AND NOW, this Z().. day of D~~ , 2006, upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor child, HUNTER JADEN WEBSTER (born January 28, 2003). Joint legal custody means both parents shall jointly share the right of control of their child and shall share in making decisions of importance in the life of their child, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. Notwithstanding the foregoing, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and Order and the best interests of the child. B. The parties shall share physical custody of the child according to their mutual agreement. 'if11'\iV/\lASNN3d 'uNnC~) .\~i'p :r:'8V~no +j 0 :~ lid 02 130 SOOl AHV'lONOH10dd 3Hl :JO 301:HO-0311:.l " C. The parties shall share physical custody of the child on holidays and on the child's birthdays as mutually agreed from time to time, with the intent that they shall share such days on as much of an equal basis as reasonably possible. D. The Father shall always have the child on Father's Day and the Mother shall always have the child on Mother's Day. E. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. F. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. G. The parties shall do nothing that may estrange the child from the other parties or hinder the natural development of the child's love or affection for the other parties. H. In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. I. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. " J. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. BY THE COURT, AIIBIER IE. WlEBSTIER, Plaintiff : THIE COURT OF COMMON PLUS OF : CUMBIERLAND COUNTY, PIENNSYLVANIA . . v. : CIVIL ACTION - LAW : NO. 2008 - eooaClVlL TIERM ADAII D. WlEBSTIER, Defendant . . : IN DIVORCIE AFFDAYlT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about October 13, 2006. Defendant accepted service of the complaint on October 13, 2006 (see acceptance of service filed October 16, 2006). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. January 15, 2007 &~ AMBER E. WEBSTER WAIVER OF NOnCE OF INTENTION TO REQUEST EnwVOF A DWORCE DECREE UNDER SECTION 3301 (c) OF THE DWORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. January 15, 2007 AMBER E. WEBSTER (') c: ~ ;:p t15 ~~r zr. cT.;;''- e,:.: C- ~~(.,,~ ,,::..;,.{") J>c ~ r--:> = = --' <- > % o "'Tl :2:!J 1"11 r- -om :n 9 9() +::n '.::) '(") ~- rT1 sa ~ CT\ -0 ::Jt N c.n AIIBER E. WEBSTER, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : CIVIL ACTION. LAW : NO. 2008 . 8008CIVIL TERM ADAM D. WEBSTER, Defendant . . : IN DIVORCE AFFDAVlT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about October 13, 2006. Defendant accepted service of the complaint on October 13,2006 (see acceptance of service filed October 16, 2006). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. January 15, 2007 k Ll ~~ ADAM D. WEBSTER WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. January 15, 2007 ~BS<2 M~~ (') G ~~:, -00-' g!,\:~ 6f).. ~ .,.~.- ,.~~ (~.- /~.\...' 7C:' ,t :2 ~ ~ c..- ~ - <:Y' -0 ~ ~ ~~ -Om :,:;9 r3<;f, -:.t:.." 0"(') ~~':;..rn o .-l ~ ~ <J\ - HAROLD S. IRWIN, III, ESQUIRE ATTORNBY' ID NO. 28820 &II SOUTH PITT STREET CARLISLB PA 17013 (717) MM080 ATTORNBY' FOR PLAINTIFF A"BER E. WE.STER, Plaintiff = THE COURT OF CO....ON PLUS OF = CU".ERLAND COUNTY, PENNSYLVANIA . . Y. = CML ACTION. LAW = NO. 2008 - 1008 CIVIL TER" ADAM D. "BSTER, Defendant = = 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: On or October 13, 2006 defendant was personally served with a copy of the divorce complaint (see Acceptance of Service previously filed). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301 (c) of the Divorce Code: By the plaintiff: January 15, 2007 By the defendant: January 15, 2007 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: NI A. (b) Date plaintiff's Waiver of Notice in Section 3301 (c) divorce was filed with the Prothonotary: January 15, 2007 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: January 15, 2007 HAROLD S. IRWIN, III Attorney for Plaintiff January 15, 2007 ~ g ~ s:; ~~f'. ~.; :-1" zf. ~,. %;~ \2( ~(2 ~t../ );;o-C -Z ~ (... ~ - 0"> -0 :> rv .. (}1 ~ -\ ::c.:n tnr: -om :n9 C3C) ~~ '-r* -':-1"1 ,..." -.z. ':t-~ o -\ ~ If.:f. If. "" <f.:+i :+i :+i:ti :+i :+ilf.:tilf.:+i:f. :+i :ti IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF AMBER E. WEBSTER Plaintiff VERSUS ADAM D. WEBSTER Defendant AND NOW, PENNA. No. 2006 - 6008 CIVIL TERM DECREE IN DIVORCE 1~~ I 17. Z-.D; , IT IS ORDERED AND DECREED THAT AMB'ER':E. WEBSTER , P LA I NT IFF, AND ADAM D. WEBSTER , 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 '!'" '1r!' PROTHONOTARY ~ ~ ~~~~~~ <f.lf. <f. ~ :ti:ti:ti:ti:ti:ti:ti:ti:ti:ti:ti:ti~~~ :+i'4:~ :tilf.;+;~:ti'l:;+;"'''''4: '4:ff.ff.ff.:tiff. ff.ff.ff. J. ~~~.~~7 .~ .~ ~ ~Jt, (o.J;{-/ ~~~~r'l LO'bl./ , .. . ".."'.11" ..