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HomeMy WebLinkAbout95-03189 4. Real Property: The parties were owners of a certain home at 200 Pine Hill Road, Carlisle, Cumberland County, Pennsylvania, conveyed to them on June 28, 1979 by a deed from Kenneth J. Deihl and Gloria M. Deihl, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "M", Volume 28, Page 831. HUSBAND conveys to WIFE all his right, title and interest to said marital home and will, on the date of this Agreement, execute a deed conveying said interest to WIFE. WIFE shall be solely liable for the mortgage payments to Harris Savings and Loan, and will indemnify and hold HUSBAND harmless against any claim by Harris Savings and Loan on account of the first mortgage on the real property conveyed. 5. Alimony: The parties waive any claim that they may have one against the other for alimony or spousal support. The parties acknowledge that each has sufficient assets with which to maintain themselves after divorce. 6. Marital Debt: The parties acknowledge that during marriage they have incurred certain debt which is marital debt. HUSBAND will pay the DAFCU Visa account, No. 4121-4499- 9828-0379 in the amount of One Thousand Four Hundred Two Dollars and 04/100 ($1,402.04). HUSBAND will pay the FCNB Processing Center (Spiegel), Account No. 15-0049-198-8 in the amount of Four Hundred Fifty-one Dollars and 45/100 ($451.45). HUSBAND will pay the DAFCU unsecured loan, Account No. 28037DE, Suffix: 09, in the amount of Eight Hundred Eighty-six Dollars and 53/100 ($886.53). WIFE shall notify the creditors named above that she relinquishes any right to additional credit on said accounts. HUSBAND, to the extent permitted by the creditors will have full responsibility for said account. 3 AI>ALMINDA MADZELEWSKI, ('Inllltill' VS, IN TIlE couln OF COMMON PLEAS OF CUMBERLAND COUNTY, IIENNSYLVANIA EDW Aim L, ALLUll1'ITON, Delcndant CIVIL ACTION - LAW 1"1/ .1'/ - NO,) civll ~ ! (, /1\ ORDER 01<' counT AND NOW. --;-;-Vl( \ (1 , 1995, upon consideration of Ihe allached complainl, it 15 hereby directed Ihallhe parties and their respective counsel appear before -D" 'L)('\ ':. S, HI./c"( ,Esquire, the cOllcilialor, al -p,../"J, ( the f5(i-, day of rl'l ,"J~, ('/ , (.V, ""'<<,'1'\ SJ, /VI..;. 1-..'1; ,J,..~ Pennsylvania, on .1995, at , o'c1ocktP,m" for a Pre-Hearing Cuslody Conference, At such conference, an effort will be made 10 resolve the issues ill dispute; or if Ihis cannot be accomplished, to define and narrow the Issues to be heard by the court, and to enler Into a temporary order, Either party Olay bring Ihe child who is Ihe subjecl of this custody aclion to the conference, but the children's allendance is notl11alldalory, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR TH!!yOURT, By UA.../l ~,j..,J<'l4 F~ ' Custody Conciliator (/ ~17 / YOU SHOULD TAKE THIS PAllER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH UELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, OFFICE OF TIlE COURT ADMINISTRATOR COURTHOUSE, 4TII FLOOR CARLlSLE,IIA 17013 (717) 240-6200 CUMUEllLAND 38 ADALMINDA MADZELEWSKI, Plnintill' VS. IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I)ENNSYL VANIA EDW ARD L, ALLBRITTON, Defendant CIVIL ACTION - LAW NO, Civil 1995 COMPLAINT IN CUSTODY AND NOW COMES, this ~ day of ,J I i--iL. , 1995, the Plaintiff, Ada1minda Madzeleweki, by her attorney, Patricia R. Marcue, Eequire, and files the within Complaint, to witl 1. The Plaintiff ie Adalminda Madzeleweki who currently reeidee at 469 Big Sky Drive, Ettere, York County, Penneylvania. 2. The Defendant ie Edward L. Allbritton who currently reeidee at 21 Eaet Wood Drive, Carliele, cumberland County, Penneylvania. 3. Plaintiff Beeks minority phyeical cuetody of the following minor children I Deniee Allbritton, born March 18, 1982 and Melanie Lynn Allbritton, born November 11, 1983. The children were not born out of wedlock. The children are preeently in the phyeical cuetody of the father. 4. During the past five (5) yeare, the children have resided with the following persone at the following addreeeeel lia.I!m Edward L. Allbritton Vicky Harry Addrese 21 Eaet Wood Drive Carliele, PA 17104 Date 1990 to Present 5. 'l'he relationehip of the Plaintiff to the child ie that of natural mother. The Plaintiff currently resides with her husband, Thomas Charles Madzelewski, at 469 Dig Sky Drive, Etters, PA 17319. 6. The relationehip of the Defsndant to the child is that of natural Cather. 'fhe Defendant currently resides with hie paramour, Vicky Harry, at 21 East Wood Drive, Carliele, PA 17104. 7. Plaintiff has not participated as a party or witness, or in another capacity, in other 11 tigation concerning the custody of the child in this or another court. B. Plaintiff has no information of a cuatody proceeding concerning the child pending in a court of this Conunonwealth. 9. 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 ths child. 10. The best interest and permanent welfare of the children will be aerved by granting the relief requested because I 1) the Defendant has denied Plaintiff visitation with the children on several occaB1one, 2) the children have expressed a preference to have regularly scheduled visits with Plaintiff, JIPlaintiff hae eetablished a strong loving bond with the children, and 4) It is in the best interests of the children to have regular contaot with their Mothsr. 11. Eaoh parent whoee parental rightB lo the ohild have not been terminated and the person who has physical oustody of the child have besn named as parties to this action. WHEREFORE, the Plaintiff, Adalminda Madzelewski, respectfully requests the lIonorable Court to grant minority physical custody of the minor children to the Plaintiff with the rights of majority physical custody to the Defendant. Respectfully submitted, J3.JJu {l'if: /Yw.~ltw-) Patricia R. Marcus, Esquire Attorney for Plaintiff 145 East Market street York, PA 17401 (717) 852-7272 Superior Court ID' 55785 VERIFICATION I, Adalminda Madzelewski, verify that the statements made in this Complaint in Custody are true and correct. I understand that falss statements made herein are subject to the penalties of 18 Pa.C.B. Bsction 4904, rslating to unsworn falsification to authorities. /}..,c)", Q~-..SL 1J1.l~tlg.--t~ Adalminda Madzelewski ~ Date I t,.. /.2- -? ~ CERTIFICATE OF SEIWICE I, Patricia R. Marcus, Esquire, do hereby certify that a true and correct copy of the foregoing Complaint in cUBtody waB served on the Defendant, Edward L. Allbritton, at 21 EaBt Wood Drive, CarliBle, Pennsylvania 17104, Certified mail, return receipt requeBted, on thiB ___ day of , 1995. ) ( a t "-I ....U I\.L<.I.A.-...... Patricia arCUB, EBquire Attorney for the Plaintiff 145 BaBt Market street York, PA 17401 (717) 852-7272 Superior Court 10' 55785 ~~~ ih~1 "-l 4J ~ "-l I~ I ,. ...... ~ is 4J ' ~!.: ,~ I (I, ~:; .-i . t, tl. . l1< ~ )ool tli I ;. If II ~'1d I . ~J! ,H o-l " ~ ~ ! i:s . t l . . . . ADAI,MINDA MADZELIlWSKI, plaintiff , , ~ J IN 'I'IIE COUR'I' OF ca-lMON PLEAS 01' CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-3189 CIVIL TERM EDWARD L. ALLBRI1~, Defendant CIVIl. AC'I'ION IN CUSTODY OODER OF CXXlRT AND tool, this \otlday of A"'6v~t, 1995, upon consideration of the attached custody conciliation Report, it is hereby ordered and directed as follows: 1. The Mother, Adalminda Madzelewski, and the Father, Edward L. Allbritton, shall have shared legal custody of Denise Allbritton, born March 18, 1982 and Melanie Lynn Allbritton, born November II, 1983. 2. The Father shall have primary physical custody of the Children. 3. The Mother shall have partial physical custody as follows: A) When the school year is in session, alternating weekends from Friday at 5:00 p.m. until the following Sunday at 8:00 p.m. B) During the sunmertime months when school is not in session, during the second and fourth weeks of every month, beginning each of those weeks on l'riday at 5:30 p.m. and ending on the following Friday at 5:30 p.m. 4. The parties shall share and alternate holidays as follows: A) The Father shall have physical custody: 1) In every year - Christmas Day at 12:00 Father and the Children return from visitation with relatives (including New Father's Day. 2) In even numbered years - Easter Sunday, July 4th and Thanksgiving. noon until the the i r holiday Years Day) and 3) In odd numbered years - Memorial Day and Labor Day. B) The Mother shall have physical custody: 1) In every year - Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon and Mother's Day. 2) In even numbered years - Memorial Day and Labor Day. 3) In odd numbered years - Easter Sunday, July 4th and 1'hanksgiving. ADALMINDA MADZELEWSKI, Plaintiff IN '1'1lE COUIl'1' OF t.U>IMOO PI.BAS m' CUMBERLAND COUN'I'Y, PENNSYLVANIA VS. NO. 95-3189 CIVIl, 'I'ERM EDWARD L. ALLBRl~/ Defendant CIVIL AC'I'ION IN CUSTODY CUSIalY ~ILlATICl'l SlIIWlY REll(Rl' IN ACXDUlANCB wml ClJIUI~J\ND roffl'Y RULE Of' CIVIL ~'KlQ{E 1915.3-8, the undersigned Custody Conciliator submits the following reportl 1. ~'he pertinent infonnation pertaining to the Children who are the SUbjects of this litigation is as follows I NAME BIR'I'IIDA'I'E CURRENTLY IN CUSTODY OF Denise Allbritton Melanie Lynn Allbritton March 18, 1902 November 11, 1903 Defendant/Father Defendant/Father 2. A Conciliation Conference was held on August 2, 1995, with the following individuals in attendance I The Mother, Malminda Madzelewski, with her counsel, Patricia R. Marcus, Esquire, and the Father, Edward L. Allbritton, who appeared without counsal. 3. The parties agree to entry of an Order in the form as attached. L~ Dawn LS. Sun ay, Esqu e Custody Conciliator I-fvr::/.L II .r: /C}1'7 r Date "