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Home My WebLink About07-1161t HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF MINDY L. DAVIS, V. Plaintiff TIMOTHY M. DAVIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 11(ol CIVIL TERM : IN DIVORCE NOTICE 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 9 MINDY L. DAVIS, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY M. DAVIS, Defendant : CIVIL ACTION - LAW : NO. 2007 - 111ol _ CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is MINDY L. DAVIS, an adult individual residing at 9874 Tower Road, Shippensburg, Franklin County, Pennsylvania 17257. 2. The defendant is TIMOTHY M. DAVIS, an adult individual residing at 3 Meadow Ridge Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties 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 November 14, 1995 in Winchester, Virginia. 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 she 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. I verify that the facts contained herein 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. March 1, 2007 HAROLD S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 A MINDY L. DAVIS, v. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY M. DAVIS, Defendant : CIVIL ACTION - LAW : NO. 2007 - 1 ?I CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 1. I have been advised of the availability of marriage counseling and understand that I may 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 unsworn falsification to authorities. March 1, 2007 /A, 4& dd d 1,(,a hn MINDY L. gAVIS, Plaintiff c'? O ? ? ? ? d ? '? F F ? , ? '? CJ! , `' N ? j C ?' ? b w D ? ? HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF MINDY L. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2007 - 7161 CIVIL TERM TIMOTHY M. DAVIS, : Defendant : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(1) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on March 3, 2007, by certified mail addressed to the defendant at 3 Meadow Ridge Drive, Shippensburg, PA 17257, Certified Mail No. 7006 0810 0000 7884 1262. 3. A copy of the sender's and return receipts are attached hereto. 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. March 5, 2007 t 11 ? - - - Harold S. Irwin, III Attorney for plaintiff 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 Postal i U.S. ru CERTIFIED MAIL RECEIPT (Domestic Provided) rLj 'a .. E co r- Postage $ 0 Certified Fee C3 Postmark M Return Receipt Fee Here C (Endorsement Required) ? (EnRest Fee do rsemeMalReq iced) co r-3 Total Postage & Fees C3 Sent To 3freef- tW; VKQ or PO Box No. .. .. --•° •- --------- - - City fete, ZIP+4 P r PS Form :3800, Ju,ie 2002 ¦ Complete hems 1, 2, and 3. Also Complete A. Signature Item 4 if Restricted Delivery is desired. X? ? Agent ¦ Print your name and address on the reverse Addressee i -so. that we can retum the card to you. B. ( Printed ) ? C. ? D?iverY ¦ Attach this card to the back of the mailpiece, or on the front If space permits. D. delivery a&Wsss different from Item 1? ? Yes ,. ARide Addressed to: If YES, enter delivery address below: ' No TIMOTaY M DAVIS 3 MEADOW RIDGE DR 53I?PFNSBTJRG PA 17257 3. Service Type ? Express Meal ? Registered ? Rob" Receipt for Merchandise ? Insured Md ? C.O.D. 2. MMeNunhber 7006 0810 0000 7884 1262 (Transfer from service mw PS Form 3811, February 2004 Domestic Return Rsosipt ltnshrs MA&15to EXHIBIT ^A" rva ct? r ? sil Fq l MINDY L. DAVIS, v. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 1161 CIVIL TERM TIMOTHY M. DAVIS, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is MINDY L. DAVIS, an adult individual residing at 9874 Tower Road, Shippensburg, Franklin County, Pennsylvania 17257. 2. The defendant is TIMOTHY M. DAVIS, an adult individual residing at 3 Meadow Ridge Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of two minor children, CODY ALAN DAVIS (born July 1, 1994) and SIERRA LOUISE DAVIS (born May 3, 1998). 4. Cody resided with both parties since November, 1995 and Sierra resided with both parties from her birth until July, 2006, when the parties separated. Since that time, both children have resided primarily with the plaintiff, subject to partial custody times with the defendant. 5. Neither party has participated as a party, witness or in any other capacity in other litigation concerning the custody of the child 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 child require that the parties have joint legal and physical custody of the children in accordance with the mutual agreement of the parties as hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary 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 minor children, CODY ALAN DAVIS (born July 1, 1994) and SIERRA LOUISE DAVIS (born May 3, 1998). Joint legal custody means both parents shall jointly share the right of control of their children and shall share in making decisions of importance in the life of their children, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the children's school, medical, dental and other important records. Notwithstanding the foregoing, non-major decisions involving the children's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and Order and the best interests of the children. B. The Mother shall have primary physical custody of the children, subject to reasonable periods of partial physical custody with the Father according to the parties' mutual agreement from time to time. C. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. D. 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. E. 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. ti F. In the event of the breach of this agreement by either 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. G. 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 this agreement. H. 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 respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid without the requirement of a custody conciliation or hearing. A March 1, 2007 HAROLD S. IRWIN, III Attorney for Defendant 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.A. § 4904, relating to unsworn 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. March , 2007 (SEAL) ?I A rte. (SEAL) March , 2007 "` !t' 1 C' ° ? `? -?" ?K" ?.. .?_ ;?? ??' ?`"'? ?. ?? 5 APR IS 2007' HAROLD S. IRWIN, 111 ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF MINDY L. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2007 - 7161 CIVIL TERM TIMOTHY M. DAVIS, Defendant : IN CUSTODY ORDER OF COURT NOW, this 17 1? day of April, 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 minor children, CODY ALAN DAVIS (born July 1, 1994) and SIERRA LOUISE DAVIS (born May 3, 1998). Joint legal custody means both parents shall jointly share the right of control of their children and shall share in making decisions of importance in the life of their children, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the children's school, medical, dental and other important records. Notwithstanding the foregoing, non-major decisions involving the children's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and Order and the best interests of the children. B. The Mother shall have primary physical custody of the children, subject to reasonable periods of partial physical custody with the Father according to the parties' mutual agreement from time to time. C. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. D. 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. E. 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. F. In the event of the breach of this agreement by either 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. G. 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 this agreement. H. 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. BY THE COURT, '*t ?,"- 0 tr 5 C :6 t1 V' L i ??dl Z00Z MINDY L DAVIS, : IN THE COURT OF COMMON PLEAS OF P1WntlW : CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY M. DAVIS; Delhndant : CIVIL ACTION - LAW : NO. 2007 -1161 CIVIL TERM : IN DIVORCE AiFFDAvrr OF C01=1111111111T 1. A complaint in divorce under Section 3301(d) of the Divorce Code was filed in this matter on or about March 2, 2007. Service of the complaint was made upon defendant on March 3, 2007 (see affidavit of service previously filed). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. 0, 1 _. 2007 MINDY L. DA 1#S WAmK of NOTICt of INTWITION To #T ENTWY OF A OIYORa QN? UMS Own0N 334"(0) OF Tilt DINO1W! COO! 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 unsworn falsification to authorities. 2007 MINDY L. D S O SOW LET' G p r, car% i a I MtINDY L. DAVIS, V. IN THE COURT OF COMMON PLEAS OF Plalum : CUNWRLAND COUNTYl PENNSYLVANIA TIMOTHY M. DAVIS, DNindanlt : CIVIL ACTION - LAW NO.2007 -1781 C11/IL TERM IN DIVORCE AFFDAVIT OF CONSENT A complaint in divorce under Section 3301(d) of the Divorce Code was filed in this matter on or about March 2, 2007. Service of the complaint was made upon defendant on March 3, 2007 (see affidavit of service previously filed). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. 2007 TIMOTHY M. DAVISJ WAIVER OF NOTICE OF INTOJIMN TO R/OUEST ENTKY OF A Dryoiii S Dac UNDER DeCT10N 330'1(D? OF THE DIVORCt CODE I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 unsworn falsification to authorities. 11 ?- P2007 TIMOTHY M. D a rlv* G °r i= c HAROLD & INN IN, 111, EIWUIRE ATTORNEY IS NO. 2E M •OUTN PITT STREET CAR NNE PA 17013 (717) ATTORNEY FOR D ENDANT MINDY L DAVII6t 1 IN THE COURT OF COON PLEAD OR plaintm 1 CUMDRLANp COUNTYr 1 IN=YLVANIA v. 1 CIVIL ACTION - LAW NO. 2007 -1161 CIVIL TERM TIMOTHY M. DAVIT, Drhndant : IN DIVORCE To the Prothonotary. PRAECIPE TO TRAMMIT RE ORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 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 March 3, 2007 defendant was personally served with a copy of the divorce complaint by U.S. Mail (see Affidavit of Service previously filed). 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: September 11, 2007 By the defendant: September 11, 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: WA. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: September 18, 2007 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 18, 2007 _ September 18, 2007 HAROLD S. IRWIN, III Attorney for Plaintiff MW r rn crt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff NO. 2007 - 1161 CIVIL TERM VERSUS TIMOTHY M. DAVIS Defendant DECREE IN DIVORCE AND NOW, sU , -ko7 , IT IS ORDERED AND DECREED THAT MINDY L. DAVIS AND TIMOTHY M. DAVIS ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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: PROTHONOTARY ,k* ), /P-)-Pw r-IWA (-0- E--#/