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HomeMy WebLinkAbout06-6619. I % Laura Wolter, ) Plaintiff ) V. ) A. Michael Wolter, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. CIVIL 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. Since the ground for the divorce is irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the: Office of Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE 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, Pennsylvania 17013 (717) 249-3166 Laura Wolter, Plaintiff V. A. Michael Wolter, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. O G - GG J 9 CIVIL IN DIVORCE NOTICE REGARDING THE 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 bome by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prepared By: DAN REGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE 1 LEMOYNE, PA 17043 (717) 717-4433 DAN_RE GAN@C OM CA ST . NET Laura Wolter, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA A. Michael Wolter, Defendant CIVIL ACTION - LAW No. 06-66/1 CIVIL IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Laura Wolter, whose current residence is 4271 Carlisle Road, Gardners, PA 17324. 2. Defendant is A. Michael Wolter, whose current residence is 35 Winchester Gardens, Carlisle, PA 17013. 3. Plaintiff and Defendant have been bona fide residents of the commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 17, 1988, in Juniata County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between Plaintiff and Defendant. 6. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. , a Count One: Request for Divorce under Section 3301(c) of the Divorce Code 7. Paragraphs 1 through 6 of this Complaint are incorporated herein by reference hereto. 8. The marriage between Plaintiff and Defendant is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require Plaintiff and Defendant to participate in counseling. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to 25 Pa.C.S. § 3301(c). Count Two: Request for Divorce under Section 3301(a)(6) of the Divorce Code 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference hereto. 11. The Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and his life burdensome. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to 25 Pa.C.S. § 3301(a)(6). Count Three: Request for Equitable Disposition of Marital Property Under Section 3502(a) of the Divorce Code 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference. 13. The parties own various items of personal property acquired during the marriage which are subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests the Court (1) after requiring full disclosure by Defendant, to equitably divide, distribute or assign the martial property between the parties, pursuant to 25 Pa.C.S. § 3502(a), in such proportion as the Court deems just after consideration of all the relevant factors. -2 - Count Four: Request for Primary Physical Custody Under Section 3323(b) of the Divorce Code 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference. 15. Plaintiff seeks primary physical custody of the following children: Adrienne Wolter Age 16 born May 4, 1990 Quinn Wolter Age 12 born January 24, 1994 Both children currently reside with their mother, the Plaintiff, at 4271 Carlisle Road, Gardners, Pennsylvania 17324. 16. Neither of the children was born out of wedlock. 17. The children are presently in the custody of their mother, the Plaintiff. 18. During the past five years, the children have resided with the following persons at the following addresses: Laura and A. Michael Wolter 4271 Carlisle Road Gardners, PA 17324 19. The mother of the children is Laura Wolter, currently residing at 4271 Carlisle Road, Gardners, PA 17324. 20. The father of the children is A. Michael Wolter, currently residing at 35 Winchester Gardens, Carlisle, PA 17013. 21. The relationship to the Plaintiff of the children is that of natural mother. 22. The Plaintiff currently resides with the parties' two children. 23. The relationship to the Defendant of the children is that of natural father. 23. To Plaintiff's knowledge, Defendant currently resides alone. 24. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning either child in this or any other court. 25. Plaintiff has no information of a custody proceeding concerning either child pending in a court of this Commonwealth. -3 - 26. Plaintiff does not know of a person not a party to this proceeding who has custody or visitation rights with respect to either of the children. 27. The best interests of the children will be served by granting the relief requested because: a. Plaintiff has participated in the lives of each of the children since birth. b. Plaintiff can provide and has provided a loving home for the children. C. Plaintiff can provide and has provided a stable environment for the children. 28. Each parent whose parental rights to either of the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that, pursuant to 25 Pa.C.S. § 3401(a)(2), the Court enter an order granting primary physical custody of the children to Plaintiff. Respectfully submitted, DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. t La a Wolte , Plaintiff Dated: j b -4 - Laura Wolter, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, V. ) PENNSYLVANIA A. Michael Wolter, ) CIVIL ACTION - LAW Defendant ) No. CIVIL IN DIVORCE CERTIFICATE OF SERVICE I, Dan Regan, certify that I have this day served a true and correct copy of the foregoing document by certified mail, return receipt requested, and a true and correct copy of the foregoing document by first class mail, addressed as follows, upon: A. Michael Wolter 35 Winchester Gardens Carlisle, PA 17013 DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Dated: November 14, 2006 lll? v? (j d P O '1 . e `V v ((i V r<N 5? a C P. c? -n ? ? 7°t LAURA WOLTER, Plaintiff V. A. MICHAEL WOLTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006-6619 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendant, A. MICHAEL WOLTER, in the above captioned case. Respectfully submitted, IRWIN & By: Marcus ?A. Mc 60 West Po et SCarlisle, P yl(717)249-. 53 Attomey Date: November 20, 2006 ? i LAURA WOLTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2006-6619 CIVIL TERM A. MICHAEL WOLTER, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe for Entry of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Dan Regan 1300 Market Street, Suite 1 Lemoyne, PA 17043 IRWIN & By: -fdarcus A' McKnight, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: November 20, 2006 g...7 t? "? ?' c ? 'T1 ._ r .mss -'f' ..C-;. «..... .; i ?' 4"-.'3 _ ..-?- - -'? t `- -: _. ?,.?,? ? -s: 1 _- ?' rY ,' ,. .....? 5 t ..w LAURA WOLTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-6619 CIVIL ACTION LAW A. MICHAEL WOLTER . IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, November 22, 2006 , 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 Wednesday, December 20, 2006 at 9:00 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/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 ?o- 9((J- 1O DEC S 6 2006d LAURA WOLTER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. A. MICHAEL WOLTER Defendant 06-6619 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this Z 7' day of fir. , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Pending the conciliation conference scheduled in this Order and further Order of Court or agreement of the parties, the Mother, Laura Wolter, and the Father, A. Michael Wolter, shall have shared legal custody of Adrienne Wolter, born May 4, 1990 and Quinn Wolter, born January 24, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well being including, but not limited to, all decisions regarding their health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. Pending the conciliation conference scheduled in this Order and further Order of Court or agreement of the parties, the Mother shall have primary physical custody of the Children and the Father shall have partial physical custody of the Children beginning January 5, 2007, on alternating weekends from Friday at 6:30 p.m. through Sunday at 6:30 p.m. 3. The Father shall have a period of holiday custody on Christmas Day in 2006 from 8:00 a.m. until 2:00 p.m. 4. Unless otherwise agreed between the parties, the parent receiving custody shall be responsible to provide transportation for the exchange of custody. 5. The Father shall not consume alcohol during the 6 hours preceding the beginning of his periods of custody and throughout his custodial periods with the Children. 6. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, March 21, 2007, at 9:00 a.m. for the purpose of reviewing the custodial arrangements. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural 9 ;c ? L7 a ' development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. 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: egan, Esquire - Counsel for Mother arcus A. McKnight, III, Esquire - Counsel for Father a BY THE COURT, LAURA WOLTER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. A. MICHAEL WOLTER Defendant 06-6619 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Adrienne Wolter May 4, 1990 Mother Quinn Wolter January 24, 1994 Mother 2. A custody conciliation conference was held on December 20, 2006, with the following individuals in attendance: the Mother, Laura Wolter, with her counsel, Dan Regan, Esquire, and the Father, A. Michael Wolter, with his counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to entry of an Order in the form as attached with the exception of the legal custody provision, which is the recommendation of the conciliator. flP_ca'?,? ,if, oco(p 6? - Da t6- ^ Dawn S. Sunday, Esquire Custody Conciliator or LAURA WOLTER VS. Plaintiff A. MICHAEL WOLTER Defendant APR 04 2007 IYV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-6619 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /Z ` day of &,,% , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated December 27, 2006 shall continue in effect. 2. The parties shall participate in co-parenting counseling with Dr. Stanley E. Schneider or other professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in developing a positive co-parenting relationship to prevent detriment to the Children as a result of their ongoing conflict. The parties shall attend a minimum of 4 joint counseling sessions unless otherwise recommended by the counselor. The parties shall follow the recommendations of the counselor with regard to any involvement of the Children in the counseling process. All costs of counseling shall be shared equally between the parties, with any insurance proceeds from the Mother's coverage to be applied to the Mother's share of costs. 3. The Father shall contact the Children by telephone every Tuesday at 7:00 p.m., at which time the Mother will ensure that the Children answer the Father's call, whether or not the Mother is home at the time. 4. 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, "- /, Hess cc: Regan, Esquire - Counsel for Mother arcus A. McKnight, III, Esquire - Counsel for Mother J J. h 00 cllc';v HE )i -' LAURA WOLTER Plaintiff VS. A. MICHAEL WOLTER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-6619 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Adrienne Wolter May 4, 1990 Mother Quinn Wolter January 24, 1994 Mother 2. A custody conciliation conference was held on March 30, 2007 with the following individuals in attendance: the Mother, Laura Wolter, with her counsel, Dan Regan, Esquire, and the Father, A. Michael Wolter, with his counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to entry of an Order in the form as attached. o, -7 Date Dawn S. Sunday,; Esquire Custody Conciliator Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 LAURA WOLTER, Plaintiff V. A. MICHAEL WOLTER, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6619 CIVIL ACTION - LAW IN DIVORCE RETURN OF SERVICE AND NOW, this day of April, 2008, the undersigned does hereby certify that on November 16, 2006, the Complaint filed November 15, 2006 in the above captioned action was served upon on Defendant, A. Michael Wolter via certified mail return receipt requested addressed to 35 Winchester Gardens, Carlisle, PA 17013, the residence of Mr. Wolter. The Return Receipt evidencing service upon Defendant is attached hereto as Exhibit A. JO SON, DU FIE, STEWART & WEIDNER y Melissa Peel Greevy I . D. No. 77950 Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Plaintiff CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Return of Service upon all parties or counsel of record by depositing a copy of sam?.i_n the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of April, 2008, addressed to the following: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 IE, STEWART & WEIDNER Melissa Peel :326612 ?x? ib?t ? SENDER: • ¦ Complete items 1, 2, and 3. Also complete a ., Item 4 If Restricted Delivery Is.desired. X ¦ Print your name and address on the reverse so that we can return the card to you. B. Received by (Printed C iver? ¦ Attach this card to the back of the maiipiece, / or on the front If space permits. 1. Article Addressed to: D. Is delivery address different from Item 1? ? Yes ff YES, enter delivery address below: ? No A, M, "A In„ Wo I-Tef< - 3.5- Vil,n4"eea -? S 1 m ' 3. Type M t 7Q l Certified Mail ? Express ail ? Registered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Feel Yey 2. Article Number service fabelJ 7006 (?Iarrsler fium 0810 0000 7882 5995 PS Form 3811, February 2004 Domestic Return Receipt 102695-02-M-1540 CCLJ -Tj TU J f?: __A OM CSC' K uLAKIs Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 LAURA WOLTER, Plaintiff V. A. MICHAEL WOLTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-6619 CIVIL ACTION -LAW : IN DIVORCE PR AEC'IPE FOR WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant, A. Michael Wolter, in the above- captioned matter. IRWIN Date: IVPr Jac 1 ago S Marcu A. McKnfoo,4ft, 60 W t Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney ID No.J,51-/ 7 ?o PRAFCIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, A. Michael Wolter, in the above- captioned matter. ABOM & KUTULAKIS, L.L.P. Date: ?Z ?ql?g ichelle L. Somm , Esquire 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 93034 f: .t C2 .. ,?. r,