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HomeMy WebLinkAbout07-0878I S., NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF CRYSTAL A. ELDER, Plaintiff V. MONTY L. ELDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 07 - 9V : IN DIVORCE NOTICE CIVIL TERM 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 in 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, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 d NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF CRYSTAL A. ELDER, Plaintiff v. MONTY L. ELDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO.07- L77 : IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Crystal A. Elder,1 Cleversburg Road, Shippensburg, Cumberland County, PA 17257. 2. The defendant is Monty L. Elder,1 Cleversbulg Road, Shippensburg, Cumberland County, PA 17257. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on May 18, 2001, in Chambersburg, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties r- A? CA UAt'x - CR'YST A. ELDER, Plaintiff 10 ID #87380 Pennsylvania 17013 and for such further relief as this Honorable Court may deem equitable and just. 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. Section 4904, relating to unworn falsification to authorities. 5A- , 2007 r r 13 , 2007 (717) 241-4436 Attorney for Plaintiff ?? ?k ? v 1 t') a O r o -n s.. --r1 . Ua' ST7 O NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF CRYSTAL A. ELDER, Plaintiff V. MONTY L. ELDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 - ?l V CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotmys Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. 2007 (-" 1;i?e& Q aJt4 ' CR ST A. ELDER, Plaintiff ? N ?'tJ t?i t• t i Tj ? C J nip t _e-s ?aCy Q ? Cn NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF CRYSTAL A. ELDER, Plaintiff V. MONTY L. ELDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO.07 - Fl e CIVIL TERM : IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. l°'1 e??'J , 2007 W c? ,? MONTY L. ELDER, Defendant 0 _TJ Mm r%a I .i+ F = ?- :, rn d c n co NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF CRYSTAL A. ELDER, Plaintiff V. MONTY L. ELDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 - S 7? CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I, MONTY L. ELDER, certify that I am the defendant in this matter. Furthermore, I hereby certify that on tct T" , 2007, I received a certified copy of the divorce complaint filed in this action. g e, b , 2007 ?-- tuL11-- MONTY L. ELDER Defendant C3 ? Q C?. C= -ct = ' "'?"I t j %1 E M -? -[T1 J c- n ^1 co NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF CRYSTAL A. ELDER, Plaintiff V. MONTY L. ELDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 - 0878 CIVIL TERM : IN DIVORCE/CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Nathan C. Wolf, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is Crystal A. Elder, an adult individual residing at 306 Harvest Lane, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant is Monty L. Elder, an adult individual residing at 1 Cleversburg Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of two minor children, namely, C haila Elizabeth Elder (born June 9, 1998, age 9) and Ciarah Paige Elder (born February 3, 2005, age 2). 4. The children resided with both of the parties from the birth of the children until the parties' separation on or about March 15, 2007. The children have primarily resided in the custody of the mother since the parties' separation. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the children in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the children pending in a court of this Commonwealth. 7. The 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. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the parties have joint legal custody of the children. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal and physical custody of the children and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of their two minor children. B. The Mother shall have primary physical custody of the children subject to Father's periods of partial physical custody as follows: 1. Father shall have partial physical custody of the children on alternating weekends beginning from Friday at 5:00 o'clock p.m., or at the end of the school day if school is in session until, Sunday at 7:00 o'clock p.m. 2. On weeks when Father does not have the following weekend, he shall have custody of the children from 5:00 o'clock p.m. Tuesday evenings and Thursday evenings, or at the end of the school day if school is in session until the beginning of school on Wednesday or Friday, respectively, or 6:45 a.m. when school is not in session. 3. On weeks when Father does have the following weekend, he shall have custody of the children from 5:00 o'clock p.m. Tuesday evenings, or at the end of the school day if school is in session, until the beginning of school on Wednesday, or 6:45 a.m. when school is not in session. 4. Father shall have such periods of additional time during summer and vacations as set forth below or as the parties may mutually agree. C. The parties shall share physical custody of the children on holidays and on the children's birthdays on as much of an equal basis as possible. D. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. E. The parties will alternate weeks of custody with the children during the summer with Father having the first full week after school recesses and the parties shall exchange custody of the children on Friday afternoons at 5:00 o'clock p.m. or through the babysitter. a. Notwithstanding the foregoing paragraph, each party shall have the right to a period of two weeks of uninterrupted custody during the summer months. Notice of said period of vacation shall be provided to the other party in writing sixty days (60) in advance. F. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. G. The parties shall share transportation equally as they may agree but in the event that an agreement cannot be reached, the delivering party shall be responsible to bring the children to the receiving party. R The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. I. The parties shall do nothing that may estrange the children from the other party or hinder the natural development of the children's love or affection for the other party. J. In the event of the breach of the agreement of the parties by any party, the nonbreaching parry shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. K. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. L. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff and defendant respectfully request that the Court enter an Order providing for the legal and physical custody of the childr91 aforesaid. a-i44e,- jt? 2007 rWOLF Plaintiff VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. 3 G cc ?. ? 2007 (SEAL) 30 a: 07 , 2007 -4? %L_(SEAL) COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND On this, the 36 day of U?911 , 2007, before me, the undersigned officer, personally appeared CRYSTAL A. ELDER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. CoMM()A*J y r EOF, I hereunto set d and official seal. Notarial Seal Nathan C. Wolf, Notary Public (SEAL) Carlisle Boro, Cumberland County Nota MY Cwwdssion Expires Apr. 19, 2008 jor7 Member, Pennsylvania Association of NohWAe COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND On this, the 3-0 day of e--aL.C, , 2007, before me, the undersigned officer, personally appeared MONTY L. ELDER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set official seal. COMMONWEALTH OF PENNSYLVANIA (SEAL) Notarial Seal blic Nathan C. Wolf, Notary Public Cafte Boro, Cumberland County MY Commission Expires Apr. 19, 2008 Member, Pennsylvania Association Of Notaries ?i a -, o ?- r CRYSTAL A. ELDER, Plaintiff V. MONTY L. ELDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 07 - 0878 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about February 16, 2007 and served upon defendant on February 19, 2007 (see affidavit of service filed February 21, 2007). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. C) C) C-i A 0 2007 l? Y TAL A. ELDER sra CA) CD CRYSTAL A. ELDER, Plaintiff v. MONTY L. ELDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 - 0878 CIVIL TERM : IN DIVORCE 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 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. Section 4904 relating to unworn falsification to authorities. ?-? 92007 C SAL A. ELDER ? c ? -rt CA) r?1 CA.) CRYSTAL A. ELDER, Plaintiff v. MONTY L. ELDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 07 - 0878 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about February 16, 2007 and served upon defendant on February 19, 2007 (see affidavit of service filed February 21, 2007) 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. dc-4 2007 -?- -S(-"? mk"CA Monty L. Elder ' CA) .: ' i +n'+ ? , n ?. CRYSTAL A. ELDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MONTY L. ELDER, : NO. 07 - 0878 CIVIL TERM Defendant : IN DIVORCE 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 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. Section 4904 relating to unworn falsification to authorities. C)Jt , 2007 MONTY L. ELDER ?? c ? o d ?. ......, °"° C ? X57 ? '- , r... + ? i ? _? ??. ' rte. '..s? -r r?i-? $ ..' ? NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF CRYSTAL A. ELDER, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW MONTY L. ELDER, : NO. 07 - 0878 CIVIL TERM Defendant : 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: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about February 19, 2007 defendant was served with a copy of the divorce complaint via regular mail addressed to the defendant. (See Acceptance of Service previously filed, February 21, 2007.) 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: October 30, 2007 By the defendant: October 30, 2007 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: October 31, 2007 Date defendant's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: October 31, 20Q7,-j October 2007 NA 0 c? T? d! F ry C-D Vv € o ? ul l "t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Crystal A. Elder VERSUS Monty L. Elder N O . nu OS?R DECREE IN DIVORCE AND NOW, /?Ut/?•-?y b 2007 , IT IS ORDERED AND Crystal A. Elder DECREED THAT. PLAINTIFF, Monty L. Elder AND 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 //OURT: fin.' ?PROTHONOTARY 09 ,Vx , 4e,(V fip-lz &,5? ?- ?* t r ' CRYSTAL A. ELDER, Plaintiff V. MONTY L. ELDER, Defendant V NOV Ol W?? : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 0878 CIVIL TERM IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this day of 01) G " - , 2007 upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their two minor children, namely, Chaila Elizabeth Elder (born June 9, 1998, age 9) and Garah Paige Elder (born February 3, 2005, age 2). B. The Mother shall have primary physical custody of the children subject to Father's periods of partial physical custody as follows: i. Father shall have partial physical custody of the children on alternating weekends beginning from Friday at 5:00 o'clock p.m., or at the end of the school day if school is in session until, Sunday at 7:00 o'clock p.m. ii. On weeks when Father does not have the following weekend, he shall have custody of the children from 5:00 o'clock p.m. Tuesday evenings and Thursday evenings, or at the end of the school day if school is in session, until the beginning of school on Wednesday or Friday, respectively, or 6:45 a.m. when school is not in session. iii. On weeks when Father does have the following weekend, he shall have custody of the children from 5:00 o'clock p.m. Tuesday evenings, or at the end of the school day if school is in session, L} i _ until the beginning of school on Wednesday, or 6:45 a.m. when school is not in session. iv. Father shall have such periods of additional time during summer and vacations as set forth below or as the parties may mutually agree. C. The parties shall share physical custody of the children on holidays and on the children's birthdays on as much of an equal basis as possible. D. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. E. The parties will alternate weeks of custody with the children during the summer with Father having the first full week after school recesses and the parties shall exchange custody of the children on Friday afternoons at 5:00 o'clock p.m or through the babysitter. L Notwithstanding the foregoing paragraph, each party shall have the right to a period of two weeks of uninterrupted custody during the summer months. Notice of said period of vacation shall be provided to the other party in writing sixty days (60) in advance. F. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. G. The parties shall share transportation equally as they may agree but in the event that an agreement cannot be reached, the delivering party shall be responsible to bring the children to the receiving party. a h R The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. I, The parties shall do nothing that may estrange the children from the other party or hinder the natural development of the children's love or affection for the other party. J. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. K. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality as the agreement of the parties. L. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. Distribution: Nathan C. Wolf, Esquire For the Plaintiff Monty L. Elder Pro Se Defendant ?4 t?frS /rl.`t ! ?d? ,IA-1a, CRYSTAL A. ELDER, Plaintiff V. MONTY L. ELDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 - 0878 CIVIL TERM : IN DIVORCE NOTICE OF INTENTION TO RETAKE AND USE PRIOR NAME TO THE PROTHONOTARY: Kindly file the attached Notice of Intention to Retake and Use Prior Name: I, CRYSTAL A. ELDER, hereby give notice, avowing my intention to resume and hereafter use my prior surname, to wit: CRYSTAL A. FOGAL, in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 704 (a) (54 Pa.C.S. Section 704 (a)) and in support there I aver as follows: 1. I, Crystal A. Elder, am an adult resident of Shippensburg Borough, Cumberland County, Pennsylvania. 2. My divorce, docketed to the above term and number was granted on Nov. (0, 2007. I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 16"'day of November, 2007. P-nr i i A- - lit fQt-& (SEAL) RY TAT, A. ELDER TO BE KNOWN AS: _ a "_4 0 ..-(SEAL) Y TAL A. FOGAL COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPE D BEFORE ME, a notary public for Cumberland County, Pennsylvania, this ?'5"- day of , 2007, CRYSTAL A. ELDER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set m3j=d and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nathan C. Wolf, Notary Public .?/ N Carlisle Boro, Cumberland County My Commission Expires Apr. 19, 2008 Member, Pennsylvania Association Of Notaries o Y "- O ^1 O 4 - ^?c a 1 CIO c.x z NATHAN C.WOLF,ESQUIRE ATTORNEY ID NO.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717)241-4436 ATTORNEY FOR PLAINTIFF CRYSTAL A. ELDER, : IN THE COURT OF COMMON PLEAS OF (NOW FOGAL) : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff , V. CIVIL ACTION- LAW c-� -y" MONTY L. ELDER, : NO. 07—0878 CIVIL TERM Defendant : IN CUSTODY r-qa COUNTER-AFFIDAVIT REGARDING RELOCATION �-, This proposal of relocation involves the following children: - .r CHILD'S NAME AGE CURRENTLY RESIDING AT Chaila E. Elder 14 310 Raystown Circle, Shippensburg, PA Ciarah P. Elder 8 310 Raystown Circle; Shippensburg, PA I have received notice of the proposed relocation and 1• I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to this notice. 2. 1 do not object to the relocation,but I do object to modification of the custody arder, and I request that a hearing be scheduled: a. Prior to allowing children to relocate. b. yam_After the children_relocate. 3. I do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand that in addition to.checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail,return receipt requested. If I fail to do so within thirty (30) days of my receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation. VERIFICATION I verify that the statements made in this counter-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 falsifications to authorities.) Date: lonty L. Elder wt rrn X;u -V U)�', to x?C-') CD T� co Alyssa H. Knisely, Esquire -;r- LD. 206414 -,3 , SHAFFER & ENGLE LAW OFFICES 2205 Forest Hills Drive, Suite 10 Harrisburg,PA 17112 717-545-3032 *phone 717-545-3083 *fax alyssa@,shafferengle.com CRYSTAL A. ELDER, IN THE COURT OF COMMON PLEAS (NOW FOGAL) CUMBERLAND COUNTY, PENNA Plaintiff, 07-8r78 V. MONTY ELDER CIVIL ACTION LAW Defendant. IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Monty Elder, the Defendant in the above- captioned custody matter. DATE ALYSSA H. KNISELY, ES UIRE CERTIFICATE OF SERVICE I, Alyssa H. Knisely, Esquire do hereby certify that on this day of May, 2013, I served a true and correct copy of the foregoing Praecipe for Entry of Appearance via U.S. Mail to the following: Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Attorney for the Plaintiff Date: �J Alyssa H. Knisely, Esquire Attorney I.D. No. 206414 2205 Forest Hills Drive, Suite 10 Harrisburg, PA 17112 PH: 717-545-3032 FAX: 717-545-3083 alyssa@shafferengle.com CRYSTAL A. ELDER, (NOW IN THE COURT OF COMMON PLEAS OF FOGAL), CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW NO. 07-0878 CIVIL MONTY L. ELDER, Defendant ORDER AND NOW, this /3' day of May, 2013, the above-captioned case is assigned to the Honorable J. Wesley Oler, Jr., Senior Judge. BY THE COURT, —"/(,- ' Kevin . Hess, P. J. �he Honorable J. Wesley Oler, Jr. _,<'ourt Administrator :rlm + i =M Z" r- -c CD CRYSTAL A. ELDER IN THE COURT OF COMMON PLEAS OF (NOW FOGAL) CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 07-0878 CIVIL TERM MONTY ELDER Defendant IN CUSTODY IN RE: DEFENDANT'S COUNTER-AFFIDAVIT REGARDING RELOCATION ORDER OF COURT AND NOW, this 17th day of May 2013, upon review of the Defendant's Counter- Affidavit Regarding Relocation and request for a hearing, the hearing is scheduled for June 12th, 2013 at 9:30 a.m. in Courtroom No. 4 of the Cumberland County Courthouse, Carlisle, Pennsylvania. All other provision's of the court order dated November 2nd, 2007 shall remain in full force and effect. BY THE COURT, Al JWLe s I e y J Mr. s.J. V/Alyssa H. Knisely, Esq. 2205 Forrest Hills Drive Suite 10 Harrisburg, PA 17112 -,"'Nathan C. Wolf, Es q. rim -`1 10 West High Street Carlisle, PA 17013 ra :45 (5 CRYSTAL A. ELDER, IN THE COURT OF COMMON PLEAS. OFr.„-, (NOW FOGAL) CUMBERLAND COUNTY, PENNSYLVA dIA , Plaintiff rricp _ G; � r°tea - V. CIVIL ACTION - LAW .,^ -C•� to MONTLY L. ELDER, NO. 07-0878 CIVIL TERM „ -"Y > 1-)"11 Defendant IN CUSTODY _ . ORDER OF COURT co AND NOW, this 12th day of June, 2013 , upon consideration of Plaintiff ' s Notice of Intention to Relocate in the above-captioned matter and the opposition thereto filed by the Defendant, and following an initial day of hearing which has not yet been completed, the record shall remain open, and counsel are requested to contact the Court ' s secretary for purposes of scheduling an additional day of hearing. It is noted that at the time of adjournment on today' s date Plaintiff had presented her case-in-chief and had secured the admission of Plaintiff ' s Exhibits 1, 2 , 3 , 4 , 5 and 7 . Plaintiff ' s Exhibit 6 had been identified, but was refused as to admission based upon Defendant ' s objection. It is further noted that at the time of adjournment Defendant had called two witnesses, in the persons of the children involved in this case, and was about to call his third witness . Neither counsel has requested that the notes of testimony from today' s proceeding be transcribed and filed. By the Court, • O J. /cf.-Trey Olio. Jr. , .J. ✓Nathan C. Wolf, Esquire / Attorney for Plaintiff Court Administrator eapitS n2.111£11-Alyssa H. Knisely, Esquire �t�1LflI� Attorney for Defendant c./i3113 Cis srs CRYSTAL A. ELDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW MONTLY L. ELDER, Defendant NO. 07-0878 CIVIL TERM ORDER OF COURT AND NOW, this 13'h day of June, 2013, a further period of hearing in the above matter is scheduled for Wednesday, June 26, 2013, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, h J. esley O er Jr., S. . ✓Nathan C. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff '.'Alyssa H. Knisely, Esq. 2205 Forest Hills Drive Suite 10 Harrisburg, PA 17112 Attorney for Defendant :rc c_ rncv �-;.. Ir! C!! Pri_ CD, _ CRYSTAL A. ELDER, IN THE COURT OF COMMON PLEAS OF (NOW FOGAL) CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW MONTY L. ELDER, NO. 07-0878 CIVIL TERN�a Defendant IN CUSTODY c o :Z C r-j__} ORDER OF COURT cn� 1 AND NOW, this 26th day of June, 2013 , =fan= -c=�-"- c'c consideration of Plaintiff ' s Notice Regarding Rela }og pursuant to 23 Pa. C. S . Section 5337 and of Defendant ' s counter-affidavit regarding relocation with respect to the parties ' children, Chaila Elizabeth Elder (date of birth June 9, 1998) and Ciarah Paige Elder (date of birth February 3 , 2005) , and following a hearing held on June 12 , 2013 , and June 26, 2013 , the record is declared closed, and the matter is taken under advisement . By the Court, 0 J. esley 0 e , Jr. , S .J. Nathan C. Wolf, Esquire Attorney for Plaintiff ./ Alyssa H. Knisely, Esquire Attorney for Defendant srs LL CRYSTAL A. ELDER(now : IN THE COURT OF COMMON PLEAS OF FOGAL), : CUMBERLAND COUNTY, PENNSYLVANIA f_ Plaintiff c CIVIL ACTION M m MCV r- MONTY L. ELDER, Defendant : N0. 07-0878 CIVIL TERM IN RE: CUSTODY RELOCATION , - -t ORDER OF COURT AND NOW, this 11th day of July, 2013, upon consideration of Plaintiff's Notice Regarding Relocation Pursuant to 23 Pa. C.S. §5337, and of Defendant's Counter- Affidavit Regarding Relocation, with respect to the parries' children, Chaila Elizabeth Elder (d.o.b. June 9, 1998) and Ciarah Paige Elder (d.o.b. February 3, 2005), and following a hearing held on June 12, 2013, and June 26, 2013, and the court finding that the proposed relocation will enhance the general quality of life for Plaintiff and the children and is not inspired by an improper motive, that feasible alternatives can be made to preserve the relationship between Defendant and his children, and that on balance the considerations enumerated in 23 Pa. C.S. §5337(h) weigh in favor of permitting Plaintiff' request for relocation in terms of the best interests of the children, Plaintiff's request to relocate the primary residence of the children to Piscataway, New Jersey, is granted, and it is further ordered and directed as follows: 1. Legal Custody. The parties shall have joint legal custody of the aforesaid children. 2. Physical Custody. a. The Mother shall have primary physical custody of the children. b. The Father shall have temporary or partial physical custody of the children at the following times: (1) During the school year: (a) On three weekends out of every five, from Friday at 8:00 p.m. until Sunday at 3:00 p.m.; provided, that in the event the following Monday is a federal holiday the period of temporary or partial physical custody shall extend to that Monday at 3:00 p.m.; (b) During Christmas vacation, in even-numbered years from December 24 at 3:00 p.m. to December 29 at 3:00 p.m., and in odd-numbered years from December 26 at 3:00 p.m. to December 30 at 3:00 p.m.; (c)During Thanksgiving vacation, in even-numbered years from the Friday following Thanksgiving Day at 3:00 p.m. until the following Sunday at 3:00 p.m., and in odd" numbered years from the day preceding Thanksgiving Day at 8:00 p.m. until the following Saturday at 3:00 p.m. (2) During the summer, two out of every three weeks, with Father having the first two full weeks after school recesses, and the parties to exchange custody of the children on Friday afternoon at 3:00 p.m. c. Exchanges of custody shall take place at a mutually chosen location approximately equidistant from the parties' residences. d. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. 3. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. BY THE COURT, Y"ley CQ, Jr., S.J. ✓Nathan C. Wo lt Es .q 10 West High St. Carlisle, PA 17013 Attorney for Plaintiff 4 Alyssa H. Knisely, Esq. Suite 10 2205 Forest Hills Dr. Harrisburg, PA 17112 Attorney for Defendant �n1