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Home My WebLink About95-01771 ,.' ..', ,', ~ , , .. .*-'~--*~~-----*-*-~**)-"_'~-_'_--~~. Ii! --- -- --.-....-...............--------...-' .. M , ' ;. ,,' v ~.. ~ .,' $ ~ " ... ,.; ~ ~ ~ ',' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA. ~ .,. ~ .,. ~ *- ',' .', * w. ,> ~ ... 8 ,', * PATRICIA McVOY, !I . 95-1771 CIVIL 95 No. .........,......,... ,............... 19 ,', * ~ ~ ~ ',' PLAINTIFF . . . _ . .. . _ . . . I " " ... 8 Vl'I'StlS .;, " .;, ~ ROBERT McVOY, DEFENDANT v. ,. ~ ... .'. $ ~ ~~ w ... " ~ ',' ~ .,. DECREE IN DIVORCE ~ ~ '.' .'. ~ v. ',' ~) ") ~ ,. * AND NOW."..,.".." .~f."r-:s:...~.,' 19 .rr:". it is ordered and PATRICIA McVOY decreed that .,...,.,.......",.....".",.,.....,..,.".....'. plaintiff, ROBERT McVOY and, " . . . , , . . . . . . . . , . , , . . , . , ., . . . . . . . . , . . . . . . , . , . . . . . . , . , . . " defendant, are divorced from the bonds of matrimony. <, ~ ~ '.' ~ ~.. ~ '.' ~ .;, ~ ,', ~ ~ '.' i ',' ~ 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; ,', " ~ ,', ~ ~ w '.' ~ <:' NONE * .......................................... .... .......... .... ... ..........0' I~ 1* !~ ,~ " i,', i~ , ,~ , . " ~ ~ ......... ,..... ,......... ... ... .0.... .... ..... ,......... ~ CO//iL Allest: Wlaw/C,L'< [/ /Jd/6.r. ,.t'~..-t1?r J. 18;;.' ~,~ K ~tk/ ~1.7' (/' I '79?othonotary ~ r-' ~ ',' ~ .~ ~ ~i ~I :;'__.. . . t' .. .. q ... .... ...... u.."_, . '~~~~.~~*~*__*~~ro_**** ~ . . ';!i ~ .:.:. .:.:. -:.:. ':$:' .:+:. .:.:- .:.;. -:t:. .:.:. -:.:- v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY PATRICIA MCVOY, Plaintiff ROBERT MCVOY. Defendant : NO, 95-111ICIVIL TERM 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 l(lse 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, Cumberland County Courthouse, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR AUMONY. 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, Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717/240-6200 PATRICIA MCVOY, Plainitiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND CO'JNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY v. ROBERT MCVOY, Defendant : NO. 95-/71/CIVIL TERM NQTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDA VIT UNDER SECTION 330Hd) OF THE DIVORCE CODE 1. The parties to this action separated in June, 1989 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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. 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. ~904, relating to unsworn falsification to authorities. Date '-t - }.... 15 ~4t/kk, 1J7 S-~.-/ PATRICIA MCVOY '7 PATRICIA MCVOY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY v. ROBERT MCVOY, Defendant : NO. 95- I ??/ CIVIL TERM COMPLAINT UNDER 23 Pa.C.S. !I!I 330Hd and 330Hd) OF THE DIVORCE CODE COUNT I The plaintiff, Patricia McVoy, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. Plaintiff is Patricia McVoy, who currently resides at 5169 E. Trindle. 2. Defendant is Robert McVoy, whose current address is 3604 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on June 9, 1982. 5. Plaintiff and defendant have lived separate and apart since June. 1989. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaintiff or defendant may have the right to request that the court require the parties to participate in counseling. The father of the children is Robert McVoy, whose current address is 3604 Market Street, Camp Hill, PA 17011. He is married. 13. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons: ~ Michael Baum Jesse McVoy Joseph McVoy Teresa McVoy Michael McVoy RelationshiD Roommate Son Son Daughter Son 14. The relationship of defendant to the children is that of father. 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no infonnation of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the children. 16. The best interest and pennanent welfare of the children will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of the children since birth; b) Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as requires to meet the children's needs; c) Plaintiff is willing to accept custody of the children; " ~ d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children. 17. Each parent whose parental rights to the children have not been tenninated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant her primary physical custody of Date '1-.) -rJ the children. /{ ;",...-L('l h ':;;-'[LG-\. THOMAS M. PLACE ROBERT E. RAINS UNDA E. FISHER Supervising Attorney THOMAS L. PEELER Staff Attorney FAMILY LAW CUNIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS. I verify that the statements made in this Divorce Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: ~ - } - 15 f~~ /ffl~{/~ PATRICIA MCVOY a "l .. I ~ @1 j A~~~' ...... !"IIOHJ.O~ . 'u ~j;Y""'~~~""'" . c31vJ.'SNI 17 . ....... 3'b.61/......'..~~K~.. l:?1dl^lO::> ~ ~W:."'" ,. _ ...,,:.100- ~ ,:.:J.~: l.I') ~ ..' . .~ In . ~"'1 ~ I.tJ ..... ~r :.=.: :--... "- . "" -~ ~:~' .1 ~ F PATRICIA MCVOY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY HAY 04 /995 ...Ar--> ROBERT MCVOY, Defendant : NO. 95- n'TICIVIL TERM ORDER OF COURT AND NOW, this ~/r~y of fl)1C:/-{ ,1995, on consideration of the attached petitioner's Affidavit, leave is granted to the petiti~er to proceed in fonna pauperis to the extent that she is relieved of all costs in this action. By the Court, \JCLl~\ f3 $.,V , . PATRICIA MCVOY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY ROBERT MCVOY, Defendant . : NO. 95- /171 CIVIL TERM ATTORNEY'S AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, Michele Belluzzi, of the Family Law Clinic, attorney for the party petitioning to proceed in fonna pauperis, certify that I believe petitioner is unable to pay the costs of instituting this action and that I am providing free legal service to petitioner. Date Plaintiffs Affidavit showing inability to pay the costs of litigation is attached hereto. If-S-1S n1Jf) (/:/ ~&~E~~LLUk Student Attorney I I . - ., / L.' (, 0' , . < '. ....1 .~ I r. . _ . . ~ ). u-'( . -..... . LG, THOMAS M. PLACE ROBERT E. RAINS UNDA E. FISHER Supervising Attorney THOMAS L. PEELER Staff Attorney FAMILY LAW CUNIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 ; .,' No. 1771 CIVIL. Term. III 95 PATRICIA McVOY, PLAINTIFF VI. ROBERT McVOY, DEFENDANT PRAECIPB Piled flar f III 1S' MICHELLE BELLUZZI THOMAS L. PEELER StudeatAUy SuperviIiu,AUy The Family Law Clinic 4S North Pitt Street Carlisle, PA 17013 717/240-5204 "-. " \; ~: l I ' ; . ~ ~ J llj",j 'If':,:" ..,; "'.J ~ \. . S6, \I,; 1~ Z B l1H ~ , , - -- -.--.--:::;, - ~ ~:I~~~'!;~:~~~~090 P,ovidod.,.-.---.' -'-~'--'-'----'--';: ,!:~lf"~!!;~'~!:;"-t. ~ 00 not use for International Mail -,',''rf/"-,--- ~ ,,\ -_ > \ ...,..- 1500 Ao.or.o' :'.i...,C..........~....lond1..2for__-.. . ,'. 'IJlo:1~~.~..:~)=E,;..;'.. I ~ :I~'= ......._r...f:~:::::::.:: I"~:. 6'~~~':~~:~.'- O' ~ . ; - .A<<'chthi 511' _ _ .,-'- ,,' - ',' : . tI ':"..:.:..o:."."""R_R_.tad'...tha........._u._nur:;:: '2: ra R.ltrlct8c1 Dellvety , 'Ii . The R.tum R.c.Jpt wlR thow co whom the IIdcIt w.. deltvnd ~ ~ conauh tmutlr _ for 'H. . g ..IIY...., "" Article umbel 1 3. Article Add,e..ed to: . l ; :, eoeE(l.,1' {'I\e \JO~ ' 4b. Setvlco Type i 'Ii -:AI...AA _ W\~ ~ 0 Reglltered 0 Inlured ! '. 8 V'V'..rr 11 1 - M Certified 0 COD 1 \ mm() \+\ LL-I rA \ ot ;:'i~ B Exprell MIU 0 Return ~ : , 7. OeteoloeUYd ~.; t: 8. Addre_'1 Addr_ IOnly " roquelted t : Ii Ind I.. II peldl. F ' . ;;,.! ; '. PATRICIA MCVOY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE, CUSTODY v. ROBERT MCVOY, Defendant : NO. 95..1771 CIVIL TERM CERTIFICATE OF SERVICE I, Michele Belluzzi, Student Atttorney, Family Law Clinic, hereby certify that I have served a true and correct copy of said Complaint on Robert McVoy, residing at 3604 Market Street, Camp Hill, PA 17011, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid, this 9th day of May, 1995. Z 321 765 080 o g 1'''\1.l~.. ... $ ~ (..."....'1".... U. "I'''' ,.1' [)ooh~ ~ I.... :r u",ll<€!..,.ro."',..,.f.... ,Oecombo, 1991 .u,l.CIPO:I-.l1. DOMESTIC RETURN RECEIPT '. , { ; I Ln C7>> ~- ~.. ~_. :c e- m .::r '.... ~ .j :: ;2~' 1 -'s: " :- ..:: :~ ':: ~-~ ..> ~ PATRICIA MCVOY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE. CUSTODY : NO. 95-1771 CIVIL TERM ROBERT MCVOY, Defendant NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE TO: Robert McVoy You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the plaintiff's affidavit. Therefore, on or after. July 20, 1995, the plaintiff can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grantlhe divorce and you will lose forever the right to ask for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717/240-6200 .;" ~ = C:,_ <n .... M >-... "'... ~'-r:~1 lu... "2,.':r ~72t.' _; ......~-;:":. .~ ~ ~. -.. I'::~ 'N ~":-: t,,"", 'S v -, ~ , . 1! .. ~N '5 1995 hhJ PATRICIA McVOY, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) I NO. 95-1771 CIVIL TERM ROBERT McVOY, ) Defendant ) CUSTODY ORDBIl AND NOW. this It. ~ day of f... __ . 1995. upon receipt of the conciliator's report, it appearing that the parties have agreed to the terms of this order which was dictated in their presence and approved by them. we hereby order and decree as follows: 1. Legal custody of the minor children. Jesse McVoy, born November 14, 1982, Joseph McVoy. born January 12. 1984, and Teresa McVoy, born January 27, I I il II I! II ,I II II II II " 'i !, ii 1986, shall be shared by their parents, the Plaintiff. patricia McVoy. and the Defendant, Robert McVoy. 2. Primary physical custody of the three minor children shall remain with the mother. Patricia McVoy. 3. The father ot the children. Robert McVoy. shall have temporary or partial custody of the children on such terms as the parties may agree. It is contemplated that the father's periods of temporary custody will include alternating weekends. holidays on an alternating basis. and a period ot tour weeks each summer. The details of the scheduling of the father's periods of temporary custody, however. is left to the parties to set by mutual 1 . ... t' , agreement. If the parties cannot mutually agree on any details of the schedule, we will set a formal schedule upon the application of either party. By the Court, I Family Law Clinic Attorney for Plaintiff - ~ '" , :0.1. /~ ~/I"lqs. ..!..1'. A 1cL. J. Robert HcVoy, pro se llA South York Street Hechanicsburg, PA 17055 I I I I sla 2 PATRICIA HcVOY, l IN THE COURT OF COHHON Plaintiff l PLEAS OF CUHBERLAND l COUNTY, PENNSYLVANIA vs. l l NO. 95-1771 CIVIL TERM ROBERT HcVOY, l Defendant ) CUSTODY JUDGE PREVIOUSLY ASSIGNED: None CONCILIATOR CONFERENCE SUHltARY REPORT IN ACCORDANCE WITH CUHBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(bl, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the SUbject of this litigation is as follows: NAHE CURRENTLY IN CUSTODY OF BIRTHDATE Jesse McVoy Joseph HcVoy Teresa HcVoy 14 November 1982 12 January 1984 27 January 1986 Plaintiff/Hother Plaintiff/Mother Plaintiff/Hother 2. A Conciliation Conference was held on 13 June 1995 and the following individuals were present: the Plaintiff and her counsel. the Family Law Clinic; the Defendant appeared without counsel. I 3. The parties appeared and had already negotiated an agreement before the I !conference. They preferred to have an order entered which gave them the ability to set the details of their schedule by agreement. and so the attached order was dictated in their presence and approved by both of them. With the entry of this order. no further action is necessary at this time. 14 June 1995 ~~~,o L. Andes Custody Conciliator I PATRICIA McVOY, I Plaintiff I vs. i, , i ROBERT McVOY, I i Defendant ii II I, I I I I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-1771 CIVIL TERM CUSTODY !' ORDER AND NOW, this day of , 1995, upon receipt of the ':conciliator's report, it appearing that the parties have agreed to the terms of this order which was dictated in their presence and approved by them, we hereby order and ; i decree as follows: 1. Legal custody of the minor children, Jesse McVoy, born November 14, 1982, Joseph McVoy, born January 12, 1984, and Teresa McVoy, born January 27, 1986, shall be shared by their parents, the Plaintiff, patricia McVoy, and the Defendant, Robert McVoy. 2. Primary physical custody of the three minor children shall remain with the mother, patricia McVoy. 3. The father of the children, Robert McVoy, shall have temporary or partial custody of the children on such terms as the parties may agree. It is contemplated that the father' 5 periOdS of temporary custOdy will include alternating weekends, holidays on an alternating basis, and a periOd of four weeks each summer. The details of the scheduling of the father's periOdS of temporary custody, however, is left to the parties to set by mutual 1 1: agreement. If the parties cannot mutually agree on any details of the 'i schedule, we will set a formal schedule upon the application of either party. , By the Court. J. ,Family Law Clinic .Attorney for Plaintiff Robert McVoy, pro se llA South York Street ,Mechanicsburg, PA 17055 sla 2