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HomeMy WebLinkAbout95-04251 In ,-n ~ ::t--.j. ~ '--'j)~ 1 ~ ..:: ~,J~ i ~~ ~ . 'p e.':l':) ~ ,~.... ~ v-, . . r6 ~ llJ C"lS ;: ~.. ... ,-:: .cc :~~ ,~ U~ " ::J ...:~ 'iJ- ""~ I" ::I- :to.: ~~ ~~ . DEBORAllpETERSON, Pluinlilr VS, : IN TIlE COI JRT OF COMMON pl.EAS OF : CUMBERI.AND COUNTY. PENNSYLVANIA : NO. q,') - 'i 2.-s I r:, t'_,aJ ;-;A~'-....J : CIVIL ACTION -I.AW WILLIAM DAVID PETERSON. Dcfendant : IN DIVORCE AND CUSTODY ORm:R OF eOlIRT AND NOW. this~day of --'ll",~..,,'r' . 1995 on considcration ofthc attachcd petition, it is hereby directed that the parties and thcir respective counsel appear before M~ <.W,u. I l. r...~ Esquire. the conciliator, at. ~o2-.5_1 b" H,') / , (r~M" 1); il on the ..5Jcday of Od.,j,f('". 1995. at--.!:L.e.M, for a Pre-Ucaring Custody Conference, At such conference, an efiort will bc made to resolve the issues in dispute; or if this cannot be accomplished. to deline and narrow the issues to be heard by thc Coun and to enter into a temporary order, All children age five or older may also be prcsent at thc conference. Failure to appear at this conference may providc grounds for entry of a temporary or permanent order, Hearing to be held at BY THE COURT. By:J!ldtct) j, ttt?lf.# c~ Custody Conciliator '~.q YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. (;0 TO OR TELEPHONE TilE OFFICE SET FORTII BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL IIELP. Coun Administrator Cumherland Counly Courthouse Carlisle. PA 17013 (717) 240-6200 nUG ZB 2 4~ PH '95 . " i, f i. Of .;'- "("4';~An~ [,1,:h;'/," fll';( In t ~; N !; /I" i, ,;. 'j'.)!.fr" ~j f.~ /~;~.d/ Z' d.lf .at2t-_-n~"" ).~B' .:.s 7~;.. p~~V b 11: ~:Jf ~ tc.:-;Zrl rtkt?..t -4, /J,I. /:1tp ~ DEBORAH PETERSON, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. : CIVIL ACTION. LAW WILLIAM DAVID PETERSON. DEFENDANT 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. 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAJM 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 LA WYER 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 DEBORAH PETERSON, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. CIVIL ACTION. LAW WILLIAM DAVID PETERSON, DEFENDANT IN DIVORCE COMPLAINT IN DIVORCE I. The Plaintiff, Deborah Peterson, is an adult individual who currently resides at 9 Butternnut Lane, Mechanicsburg, Cumberland County. Pennsylvania 17055. 2, The Defendant, William David Peterson, is an adult individual whose current address is 9 Butternnut Lane, Mechanicsburg, Cumberland County, Pennsylvania] 7055. 3, Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4, The Plaintiff and the Defendant were married on June 2, ] 979 in Mundelein, Illinois 5. The parties separated on or about April 1995. 6, Neither party has instituted any prior action of divorce or annulment with regard to this marriage in this or any other jurisdiction. 7, There are four children by this marriage: Tiffany M. Peterson, born August 7. 1980, Jennifer M, Peterson, born May 12, 1982. Kaleigh N, Peterson, born March 26, 1986 and Ashlee L, Peterson, born April 12, 1989. 8, Neither party is a member of the Armed Forces of the United States of America, COUNT 1- DIVORCE UNDER SECTION 330Hc) OR 330Hd) 9, The averments of Paragraphs I through 8 are incorporated herein by reference, 10, The marriage is irretrievably broken, II, The Plaintiff avers that she has been advised of the availability of counseling and that she may have the right to request that the Coun require the panies to participate in counseling. Whel'frol'f, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this matter pursuant to 3301(c) or 3301(d) of the Divorce Code, COUNT II . INDIGNITIES 12. The averments of Paragraphs I through II are incorporated herein by reference. \3. The Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. Whel'ffore, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this matter pursuant to 330 I (a)(6) of the Divorce Code, COUNT U1- EOUlTABLE DISTRIBUTION 14. The averments of Paragraphs I through 13 are incorporated herein by reference. 15, Plaintiff and Defendant have acquired property. both real and personal during their marriage from June 2. 1979 until April 1995, the date of their separation, 16, Plaintiff and Defendant have been unable to agree as to an equitable division of said property, Whel'ffore, Plaintiff requests your honorable Court to equitably divide all marital property, COUNT IV - ALIMONY 17. The averments of Paragraphs I through 16 are incorporated herein by reference, 18. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 19. Plaintiff requires reasonable suppon to adequately maintain herself in accordance with the standard of living established during the marriage. Wherefore, Plaintiff requests your honorable Coun to enter an award of alimony in her favor. COUNT V - ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS AND EXPENSES 20. The averments of Paragraphs I through 19 are incorporated herein by reference, 21, Plaintiff has employed counsel. but is unable to pay the necessary and reasonable attorney's fees for said counsel. 22. Plaintiff is unable to sustain herself during the course of this litigation. Wherefore. Plaintiffrequcsts your Honorable Coun to enter an award of Alimony Pendente Lite. interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees. costs and expenses as deemed appropriate. COUNT VI - CUSTODY 23, The averments of Paragraphs I through 22 are incorporated herein by referenee, 24, Plaintiff seeks custody of the following children: Tiffany M, Peterson Jennifer M. Peterson Kaleigh N, Peterson Asblee L, Peterson Present Residence 9 Butternut Lane, Mechanicsburg, PA 9 Butternut Lane, Mechanicsburg. PA 9 Butternut Lane, Mechanicsburg, PA 9 Butternut Lane, Mechanicsburg, PA Age I 5 years 13 years 9 years 6 years 25. In the past live years, the parties' children have resided with the following persons, at the addresses and for the periods of time indicated below: Plaintiff, Defendant & children Plaintiff, Defendant & children 9 Butternut Lane, Mechanicsburg,PA 11/93 - Present 7 Wheatlield Drive, Carlisle, PA 9/86 - 10/93 The children were not born out of wedlock, The children are presently in the custody of Deborah Peterson who resides at 9 Butternut Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055, The Mother of the children is Deborah Peterson who resides at 9 Butternut Lane, Mechanicsburg, Cumberland County. Pennsylvania, 17055, She is married. The Father of the children is William David Peterson, currently residing at 9 Butternut Lane. Meehanicsburg, Cumberland County, Pennsylvania, 17055, He is married. 26, The relationship of Plaintiff to the children is that of Mother, The Plaintiff currently resides with the Defendant and the children., 27, The relationship of the Defendant to the ehildren is that of Father, The Defendant resides with the Plaintiff and the children, 28. Plaintiff has not participated as a party in other litigation concerning the custody of the children. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 411f~ ~ Keith B. DeArmond, Esquire Attorney ID Number 58878 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 The Plainlifi'does not know of a person nor 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. 29. The best interests and permanent welfare of the children requires that primary physical custody and legal custody of the children be with the Plaintiff/Mother, Deborah Petersnon because she is the primary physical caretaker of the children. Wherefore, Plaintiff, Deborah Peterson, respectfully requests that she be awarded primary physical custody and primary legal custody of the subject minor children as provided herein, DATE: <l h . 1995 I 'f . VERIFICATION I. Deborah Peterson. the undersigned, do hereby verifY that the statements made in the foregoing instrument are true and correct to the best of my knowledge, information and belief, I understand that statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. -1~1A '-~ Deborah Peterson Dale:~ " ' ! f3r'lf DEBORAH PETERSON, Plaintiff I ) ) ) I ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95.4251 CIVIL TERM vs. WILLIAM DAVID PETERSON, Defendant IN DIVORCE JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts) ORDER AND NOW this 11th day of October, 1995, it appearing at the conciliation conference scheduled in this matter that the parties are still residing together, the conciliator hereby relinquishes jurisdiction and returns the matter to the Court Administrator. If either of the parties wish further proceedings in this matter once they are separated, they should petition the Court anew. FOR THE COURT, lof.. J (- .P' r 'v1J-</~1 .. ~":Y? MICHAEL L. BANGS,f Custody Conciliator Keith B. DeArmond, Esquire Attorney for Plaintiff ~..., rr:...c..S.uf... 101' ,,/'t.s~:., ~,"6 . Mr. William David Peters pro se ,;'S1-. ~ OCl I J L 43 p~ '9~ - < ~\.~ DEBORAH PETERSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, WILLIAM DAVID PETERSON, Defendant CIVIL ACTION - LAW NO. 95-4251 CIVIL TERM IN DIVORCE JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts) CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8Ib), the undersigned Custody Conciliator submits the following report: 1, The pertinent information concerning the children who are the subject of this litigation are as follows: NAME BIRTH DATE CURRENTLY IN CUSTODY OF Tiffany M. Peterson Jennifer M, Peterson Kaleigh N, Peterson Ashlee L. Peterson 7 August 1980 12 May 1982 26 March 1986 1 2 April 1989 Plaintiff and Defendant Plaintiff and Defendant Plaintiff and Defendant Plaintiff and Defendant 2. A Conciliation Conference was held on 5 October 1995, and the following individuals were present: the Plaintiff and her attorney, Keith B. DeArmond, Esquire. The Defendant appeared pro se, 1 3, Items resolved by agreement: none, 4, Issues yet to be resolved: none, 5, The Plaintiff's position on custody is as follows: Plaintiff wanted an order entered even though the parties are still residing together, 6, The Defendant's position on custody is as follows: Defendant believes that the marriage is still salvageable, 7, Need for separate counsel to represent children: none expressed by either party. 8, Need for independent psychological evaluation or counseling: none expressed by either party, 9, Other matters and comments: Since the parties are still residing together, I informad all concerned and counsel that no order would be entered and I would relinquish jurisdiction, Once the parties have separated, either party can request another conciliation, Date: 11 October 1995 -{i,..f 1~'. Michael L. Bangs Custody Conciliator 2