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HomeMy WebLinkAbout02-4392JEFFREY D. KISTLER, Plaintiff VS. MICHELLE M. KISTLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 0,~- ~/3 g.z Civil Term : :ACTION 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 (717) 249-3166 JEFFREY D. KISTLER, Plaintiff VS. MICHELLE M. KISTLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 0,g- 5'3 9a_ Civil Term : :ACTION 1N DIVORCE COMPLAINT COUNT I - DIVORCE 1. Plaintiff is Jeffrey D. Kistler, who currently resides at 14571 Seaview Drive, NW, Seabeck, Washington, 98380. 2. Defendant is Michelle M. Kistler, who currently resides at 104 Westview Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Defendant has been a bona fide resident of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on August 14, 1999, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 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. 8. Plaintiff and Defendant have one child together. 9. Neither Plaintiffand Defendant are a member of the military. 10. The Plaintiffavers that the grounds on which this action is based is: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. COUNTII-CUSTODY 11. Plaintiff is Jeffrey D. Kistler who currently resides at 14571 Seaview Drive, NW, Seabeck, Washington, 98380. 12. Defendant is Michelle M. Kistler, who currently resides at 104 Westview Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 13. Plaintiff seeks partial custody of the following child: NAME ADDRESS DOB Bailey D. Kistler 104 Westview Drive Mechanicsburg, Pa. 17055 10/19/98 The child was bom out of wedlock. The child is in the custody of: Mother, Michelle M. Kistler. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Jeffrey D. Kistler Michelle M. Kistler & maternal grandparents 104 Westview Drive. Mechanicsburg, Pa. 17055 10/98- 12/99 Jeffrey D. Kistler Michelle M. Kistler & paternal grandparents 14571 Seaview Dr. Seabeck, WA 98390 1/00 - 9/00 Michelle M. Kistler 104 Westview Drive 10/00 - present & maternal grandparents Mechanicsburg, Pa. 17055 The mother of the children is: Michelle M. Kistler, currently residing at: 104 Westview Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. She is currently married to Plaintiff. The father of the children is: Jeffrey D. Kistler, currently residing at: 14571 Seaview Drive, NW, Seabeck, Washington, 98380. He is currently married to Defendant. 14. The relationship ofplaintiffto the children is that of Father. The plaintiff currently resides with: Mark and Dianne Hendrickson, his mother and step-father. 15. The relationship of defendant to the children is that of Mother. The persons that the defendant currently resides with are: Patricia and Robert Railer, her parents. 16. 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 information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of 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. 17. The best interest and permanent welfare of the child will be served by granting the relief requested because: Father desires periods of partial custody with his child; it would be in the best interest of the child to maintain regular contact with father. 18. Each parent whose parental rights to the child have not been terminated 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 custody of the child. Date: q-19.,,- osk i~/~. Adams, Esquire No. 79465 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint 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. J~f~l~e~D. Klstler, Plaintiff JEFFREY D. KISTLER PLAINTIFF MICHELLE M. KISTLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4392 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, September 16, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 11, 2002 at 9:30 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/ _[acqueline M. Verney, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JEFFREY D. KISTLER, Plaintiff VS. MICHELLE M. KISTER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02 - 4392 Civil Term : : ACTION IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned matter. (717) 245-8508 ATTORNEY FOR PLAINTIFF JEFFREY D. KISTLER, Plaintiff VS. MICHELLE M. KISTLER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02 - 4392 Civil Term : : ACTION IN DIVORCE : ACCEPTANCE OF SERVICE PURSUANT TO PA.R.C.P 4 02 BAND PA.R.C.P. 1920.4 I, Michelle M. Kistler, Defendant, received a copy of the Notice to Defend, Complaint and Praecipe to Reinstate via first class mail on October 17, 2002 and I hereby accept service in the above-captioned matter. Mmhelle M. K~stler, Defend~t ORIGINAL DEC ? 2002 JEFFREY D. KISTLER, Plaintiff Vo MICHELLE M. KISTLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-4392 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT ANDNOW, this~6tl dayof ~cc~'~'¢c.Y ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Jeffrey D. Kistler, and the Mother, Michelle M. Kistler, shall have shared legal custody of Bailey D. Kistler, born October 19, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Mother shall have primary physical custody of the Child. 3. In the event Father travels to the Mechanicsburg area, he shall have periods of partial physical custody provided he give Mother two weeks notice, as follows: A. 4, 6, and 8 hours on successive days during the first long weekend visit, provided the Child is accustomed to being with him. B. For all other long weekends, Father shall have partial physical custody from times agreed by the parties for the majority of his time in the area, including overnights, provided the Child is comfortable with staying with Father overnight. C. Such other times as the parties agree. 4. Father shall call the Child every Sunday at 8:00 p.m. Eastern Standard Time. Mother shall assure that the Child will be home to receive the call and that the family members present will permit the Child to speak to Father. 5. Father shall also call the Child on the Child's birthday, Thanksgiving, Christmas and Father's Day at times convenient to the parties. Mother shall assure that the Child will be home to receive the call and that the family members present will permit the Child to speak to Father. 6. 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: Jane Adams, Esquire, Counsel for Father ,,,MVvlichelle M. Kistler, pro se 104 Westview Drive Mechanicsburg, PA 17055 BY THE COURT, JEFFREY D. KISTLER, Plaintiff MICHELLE M. KISTLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-4392 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: None 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 pertinem information concerning the Child who is the subject of this litigation is as follows: NAME Bailey D. Kistler DATE OF BIRTH October 19, 1998 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on December 24, 2002, with the following individuals in attendance: The Father, Jeffrey D. Kistler, by telephone with his counsel, Jane Adams, Esquire and Mother, Michelle M. Kistler, pro se. 3. The parties agreed to an Order in the form as attached. Date Custody Conciliator JEFFREY D. KISTLER, Plaintiff VS, MICHELLE M. KISTLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02 - 4392 Civil Term ACTION IN DIVORCE _AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on September 12, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Date: _ ~ ~' ~c_./... ,~ J~ru~/Kmstler, Plaintiff WAIVER OF NOTICE OF INTENTIO." TO~?_Y'_OF A DIVORCE DECREE UNDER ~ 1. I consent to 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 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 in this affidavit 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. Date: ~'~_ '~ ~'--~ ~ ~ ~.~./,~,;~ ~elfr~l~;i~'tle~:, Plaintiff JEFFREY D. KISTLER, Plaintiff VS. MICHELLE M. KISTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02 - 4392 Civil Term ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: decree: Transmit the record, together with the following information to the Court for entry of a divorce 1. Ground for divorce: irretrievable breakdown under.~3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail, restricted delivery, return receipt requested, delivered on: (~)~..f_~ ~, r-- i -7 ) ~:~Oc_.~ ~, 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: c~ ' ~ <:~'* /__p ._~ By Defendant: c~ ' ! ~ , d.)~ 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Date Plaintiff's Waiver of Notice in {}3301(c) Divorce was filed with the Prothonotary: Respectfully Submitted: jJaqe Aclams, Esquire ~ No. 79465 36 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff IN J~ffrey D. THE COURT OF COMMON STATE OF Kist!ero Plaintiff OF CUMBERLAND COUNTY PENNA. VERSUS Michelle M. Kistler, Defendent PLEAS No. 02-4392 DECREE IN DIVORCE AND NOW, ~/~/~Jf-(~ 7! ,_ , - _ Z~_~ It IS ORDERED AND DECREED THAT Jeffrey D. , PLAINTIFF, , 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 by THE COURT: - ' " ~f' PROTHONOTARY'