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HomeMy WebLinkAbout02-4213IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEEANN COMPTON, ) Plaintiff ) ) v. ) ) MARK P. COMPTON, ) Defendant ) NO. C) ~ -- 4 13 CIVIL ACTION - LAW 1N 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 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, 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 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 240-6200 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 heating or business before the court. You must attend the scheduled conference or hearing. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEEANN COMPTON, ) Plaintiff ) NO. C5;2 ) v. ) ) MARK P. COMPTON, ) CIVIL ACTION - LAW Defendant ) 1N DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Leeann Compton, by and through her counsel, Howett, Kissinger & Conley, P.C., who hereby files the instant Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Leeann Compton, an adult individual who currently resides at 119 Brookwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Mark P. Compton, an adult individual who currently resides at 1418 Bradley Drive, Apartment E313, Carlisle, Cumberland County, Pennsylvania 17013. 3. Both Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant married on October 7, 1995 at Susquehanna, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior action for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 7. Plaintiffhas been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - DIVORCE PURSUANT TO §3301(c) OR (d) OF TItE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court enter a Decree of Divorce pursuant to §3301 of the Divome Code. COUNT II - DIVORCE PURSUANT TO §3301(a)(6) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaim are incorporated herein by reference thereto. 11. 13. reference thereto. 14. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 12. This action is not collusive. WHEREFORE, Plaintiff respectfully requests the Court enter a Decree of Divorce pursuant to §3301(a)(6) of the Divorce Code. COUNT III - EQUITABLE DISTRIBUTION The prior paragraphs of this Complaint are incorporated herein by Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property" as defined by the Divorce Code. WItEREFORE, Plaintiffrespectfully requests the Court equitably divide all marital property. COUNT IV - ALIMONY AND ALIMONY PENDENTE LITE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff lacks sufficient property to provide for her reasonable means, is unable to support herself through appropriate employment and requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 17. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff respectfully requests the Court enter an award of reasonable temporary alimony until final heating and permanently thereafter. COUNT V - COUNSEL FEES, EXPENSES AND COSTS OF SUIT 18. reference thereto. 19. him a reasonable fee. 20. action. The prior paragraphs of this Complaint are incorporated herein by Plaintiff has retained an attorney to bring this action and has agreed to pay Plaintiff has incurred and will incur costs and expenses in prosecuting this 21. Plaintiff is not financially able to meet either the expenses or costs of prosecuting this action or the fees to which her attorney will be entitled in this case. WHEREFORE, Plaintiff respectfully requests the Court enter an award of interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. COUNT VI - CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE OF DEFENDANT AND OF RETIREMENT 22. reference thereto. 23. FUNDS The prior paragraphs of this Complaint are incorporated herein by During the course of the marriage, Defendant has maintained certain life insurance policies and retirement funds for the benefit of Plaintiff. WHEREFORE, Plaintiff respectfully requests the Court enter an order directing Defendant to continue to maintain policies of life insurance and retirement funds for the benefit of Plaintiff. COUNT VII - REQUEST FOR CUSTODY AWARD UNDER §3104(a)(2) AND §3323(b) OF THE DIVORCE CODE 24. reference thereto. 25. resides primarily with Plaintiff: Name Riley D. Compton The prior paragraphs of this Complaint are incorporated herein by The parties are the parents of one unemancipated child who currently Date of Birth April 24, 1998 4 26. During the past five (5) years, the child has resided with the parties at 119 Brookwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. Defendant vacated the marital residence on February 24, 2002. 27. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 28. There are no other proceedings pending involving custody of the child in this or any other state. 29. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 30. Sole custody isolates the child fi.om the non-custodial parent. 31. The best interests of the child require that open and meaningful access be maintained with each parent and that he have a relationship with each parent. 32. The child has developed emotional attachment to each parent and the severing o£ either attachment is not in the child's best interests. 33. Permitting each parent to remain involved in the life of the child enables the child to share with each parent the intimate contact necessary to strengthen a true parent child relationship. WHEREFORE, Plaintiff respectfully requests that, pursuant to §3104(a)(2) and §3323(b) of the Divorce Code, the Court enter an order awarding custody of the child to the parties. Date: Respectfully subrr~, HOWETT, KISSINGER ~"~ONLEY, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Leeann Compton 6 VERIFICATION I, Leeann Compton, hereby swear and affirm that the facts contained in the foregoing C~mplaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: ~.0._9./~03/~02 Leeafin Corfipton IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEEANN COMPTON, Plaintiff MARK P. COMPTON, Defendant ) ) ) ) ) ) ) NO. 02-4213 CIVIL ACTION - LAW IN DIVORCE .ACCEPTANCE OF SERVICE I, Carol J. Lindsay, Esquire, accept service of the Complaint in Divorce on behalf of Mark P. Compton, Defendant in the above-captioned action, and certify that I am authorized to do so. Carlisle, PA 17013-2922 Telephone: (717) 243-6222 Counsel for Defendant, Mark P. Compton IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEEANN COMPTON, Plaintiff go MARK p. COMPTON, Defendant ) ) ) ) ) ) ) NO. 02-4213 CIVIL TERM CIVIL ACTION - LAW September 4, 2002. PLAINTIFF'S AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry ora final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE COD~ 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 ifI 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Leeann Compton, Plaintiff IN THE COURT OF LEEANN CO ToN PLEAs OF Plaintiff ) v. ) ) NO. 02-4213 MARK p. COMPTON, ) CIVIL TERM Defendant ) CIVIL ACTION LAW ) - ~S AFFID · September 4, 2002. COmplaint in diVOrce Under 03301(c) of the -Divorce Code Was fi/ed on days have elapsed fro is lrretrievably broken, and ninety Plaint. 3. I consent to the entry O£a final decree in divorce after service O£notice o£ intention to request entry of the decree. ~ NOTIcE OF 33 o~.YVOR_CE D TO ~RE _UEs 1. I COnsent to the entry ora final decree °fdivorce 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 above are true and COrrect. I Understand that false statements herein are made subject to the penalties of 18 Pa.C.s. §4904 relating to UnSWorn falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEEANN COMPTON, ) Plaintiff ) ) v. ) ) MARK P. COMPTON, ) Defendant ) NO. 02-4213 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: Ground for divorce: Irretrievable breakdown under {}3301 (c) of the Divorce Code. Date and manner of service of the complaint: Service accepted by Carol J. Lindsay, Esquire on September 17, 2002; Acceptance of Service tiled on October 7, 2002. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, March 3, 2003; by defendant, March 5, 2003. Related claims pending: All claims resolved by Marital Settlement Agreement dated March 5, 2003. o Date plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in §3301(c) Divorce was flied with the prothonotary: contemporaneously herewith. Darren J. HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for PlaintiffLeeann Compton IN THE COURT OF COIVlMON OF CUMBERLAND COLJNTY STATE OF PENNA. LEEANN COMPTON, PLEAS Plaintiff VERSUS MARK P. COMPTON, Defendant NO. 02-4213 CIVIL TERM DECREE IN DIVORCE AND NOW, /~4 /f,v 2003 , , IT IS ORDERED AND DECREED THAT LEEANN COMPTON , PLAI NTI AND MARK P. COMPTON , 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. It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions of a certain Marital Settlement Agreement between the parties dated March 5, 2003, are incorporated in this Decree m Divorce by reterence as tully as it-the same were set lbrth here~n at length. Said Agreement shall not merge with but shall survive this Decree in Divorce. PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEEANN COMPTON, Plaintiff Vo MARK P. COMPTON, Defendant ) ) ) ) ) ) ) NO. 02-4213 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE OF ELECTION TO RETAKE MALDEN (FORMER) SURNAMv: Notice is hereby given that Leeann Compton, Plaintiff in the above-captioned action, having been granted a final Decree in Divorce from Defendant on the 19th day of March, 2003, hereby elects to retake and hereafter use her maiden/former surname of Leeann Sherman, and gives this written notice avowing her intention. Leealm Compton Leeann Sherman COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF .. ~'~,~¢ ,'~, ) ON THE ~? 5-I*' DAY OF [Pla v~[, ,2003, before me, a Notary Public, personally appeared Leeann Compton, to be hereafter known as Leeann Sherman, known to me to be the person whose name is subscribed to the within document, acknowledged that she executed the same for the purpose contained therein. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Publ~/' ~IVN/~ 1. KNIS£L~ NOTARY ~ISBU~G, DAUPHIN COUN~ ~ COMMISS~N ~l~