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Home My WebLink About03-0065GLEN T. SHADE, Plaintiff VS. STEPHANIE ANN SHADE, Defendant : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ' CIVIL ACTION - LAW DIVORCE/CUSTODY 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 CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYEWS 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 1)O NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT VOtERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 GLEN T. SHADE, Plaintiff VS. STEPHANIE ANN SHADE, Defendant · 1N THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA 'No. · CIVIL ACTION - LAW · DIVORCE/CUSTODY COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c} or 3301(d} OF THE DIVORCE CODE AND NOW comes the Plaintiff, Glen T. Shade, by and through his attorney, Jeann6 B. Costopoulos, Esquire, avering the following: Count I - Divorce 1. The Plaintiff, Glen T. Shade, is an adult individual who currently resides at 345 Maple Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, Stephanie Ann Shade, is an adult individual who currently resides at 363 Maple Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Plaintiff and Defendant have been bona fide residents 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 February 4, 1995 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. The marriage is irretrievably broken· 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. There is one dependent child from this marriage, namely Stephen Todd Shade, bom March 18, 1995. 10. This action is not collusive. Count II - Equitable Distribution of Marital Property Pursuant to §3502 of the Divorce Code 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant to the extent that a written Settlement Agreement might be entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court and incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. 13. Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 14. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of the hearing on this Complaint, Plaintiff respectfully requests that pursuant to the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree. D. For such further relief as the Court may determine equitable and just. Count 11I - Custody 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. The Plaintiff seeks a custody order regarding the following child: Name Present Residence Age Stephen Todd Shade 363 Maple Lane 7 IA y.o. Carlisle, PA 17013 DOB 3/18/95 The child is presently in the custody of his mother, Defendant Stephanie Ann Shade, who currently resides at 363 Maple Lane, Carlisle, Cumberland County, Pennsylvania, 17013. Until Defendant moved out on November 24, 2002, taking the child with her to 363 Maple Lane, Carlisle, the child had resided since birth with both parents at the marital residence, currently located at 345 Maple Lane, Carlisle, Cumberland County, Pennsylvania 17013. The natural mother of the child is Stephanie Ann Shade, Defendant, currently residing at 363 Maple Lane, Carlisle, Cumberland County, Pennsylvania, 17013. The natural father of the child is Plaintiff, Glen T. Shade, currently residing at 345 Maple Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 17. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: None. 18. The relationship of the Defendant to the child is that of natural mother. Plaintiff currently resides with the following persons: Her four children: the subject child, Ann Marie Rencevicz, Ashley Herman, and Alissa Herman. To Plaintiff's knowledge, Defendant also resides with a friend and her children. 19. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or another court. 20. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 21. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiffis the natural father of the child. (b) Plaintiff has established a relationship with the child. (c) Plaintiff desires to continue exercising parental duties and enjoys the love and affection of the child. (d) The child should be permitted to enjoy the love, affection, and emotional support which can be provided by his natural father. 22. 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. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, the Plaintiff respectfully requests this Honorable court to enter an order regarding custody of his son. RESPECTFULLY SUBMITTED: Jeanne B. Costopoulos, Esquire ' COSTOPOULOS & WELCH 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 Phone: (717) 790-9546 ATTORNEY FOR PLAINTIFF GLEN T. SHADE, Plaintiff · IN THE COURT OF COMMON PLEAS : CUhdBERL~ COUNTY, PENNSYLVANIA vs. · No. STEPHANIE ANN SHADE, Defendant · CIVIL ACTION - LAW · DIVORCE/CUSTODY VERIFICATION I, Glen T. Shade, hereby verify that the statements made in the foregoing Divorce 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. Date: flv_c~r z~?oot Signature: Glen T. Shade GLEN T. SHADE PLAINTIFF STEPHANIE ANN SHADE 'DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-65 CIVIL ACTION LAW IN' CUSTODY ORDER OF COUR~T AND NOW, Friday, January 10, 2003 __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Dawn S. Sunday, Esq.. _. , the conciliator, Friday, January 17, 2003 at 10:30 AM at39 West M~- Street, Mechanicsburg, PA 17055 _ on - 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 l~resent at the conference. 'Failure to al~l~ear 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/ Dawn S. Sund~, 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 TI{IS PAPER TO YOUR ATTORlq-EY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFO'RD 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 GLENN T. SHADE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ' 03-65 CIVIL ACTION LAW · IN CUSTODY STEPHANIE ANN SHADE, Defendant ORDER OF COURT AND NOW, this '~o ~ day of ~ 2)~ta ~j 't , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Glenn T. Shade, and the Mother, Stephanie Ann Shade, shall have shared legal custody of Stephen Todd Shade, born March 18, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emer~,enc decisi .' Chil ...... . . o y ons affecting the d s general well-be~ng ~ncluding, but not hm~ted to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall share having physical custody of the Child and on an alternating weekly basis, with the exchange to take place each week on Saturday at 7:00 am. The alternating weekly schedule shall begin with the Father having custody on Saturday, January 18, 2003. The noncustodial parent shall have custody of the Child on Wednesdays from 4:00 pm until 8:00 pm. 3. In the event either parent is unavailable to provide care for the Child during his or her weeks of custody for a two hour period or longer, that parent shall first contact the other parent to offer the opportunity to provide care for the Child prior to contacting third party caregivers. The parties agree that this provision shall not apply when the Father takes the Child to the paternal grandparents' residence when he goes to work at night during his weeks of custody. The parties shall share or altemate having custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Mother shall have custody of the Child from Christmas Eve at 12:00 noon through Christmas Day at 7:00 am, and the Father shall have custody on Christmas Day from 7:00 am until 9:00 pm. B. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child from 9:00 am until 5:00 pm on Easter Sunday, Memorial Day, July 4th, Labor Day, and Thanksgiving. In odd numbered years, the Father shall have custody of the Child on Easter, July 4th and Thanksgiving and the Mother shall have custody on Memorial Day, and Labor Day. In even numbered years, the Mother shall have custody of the Child on Easter, July 4th and Thanksgiving, and the Father shall have custody on Memorial Day and Labor Day. C. MOTHER'S DAY / FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day, and the Father shall have custody every year on Father's Day from 9:00 am until 5:00 pm. D. HALLOWEEN: The parties shall alternate having custody of the Child for Trick- or -Treat night each year, with the mother having custody in odd numbered years and the Father having custody in even numbered years. E. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 5. The parties shall cooperate in making adjustments to the custody schedule for reasonable summer vacation plans. 6. The parties agree that the Child shall remain enrolled in the Cumberland Valley School District if one party moves to another area of Cumberland County outside the school district. The party moving outside the school district shall be responsible to provide transportation for the Child to and from school during his or her periods of custody. 7. Neither party shall relocate outside the jurisdiction of the Court without prior Court approval or agreement between the parties. 8. The noncustodial parent shall be entitled to have reasonable telephone contact with the Child. 9. Each party shall ensure that the other party has his or her current address and telephone number on an ongoing basis. 10. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall notify the other party in advance of the address and telephone number where the Child can be contacted. 11. The Mother shall obtain a drug test at the request of the Father, through counsel, with the type of test and local laboratory to be selected by the Father and his counsel. The parties shall equally share the cost of the test on the condition that the Mother shall not be required to pay more than $75.00. The Mother shall provide the results of the test to the Father's counsel upon receipt. 12. Except as otherwise provided in this Order or as agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 13. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 14. 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. BY THE COURT, Jo CCi Jeanne B. Costopoulos, Counsel for Father Stephanie Ann Shade, Mother GLENN T. SHADE, Plaintiff VS. STEPHANIE ANN SHADE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-65 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCII,IATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Stephen Todd Shade March 18, 1995 Mother 2. A Conciliation Conference was held on January 17, 2003, with the following individuals in attendance: The Father, Glenn T. Shade with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Stephanie Ann Shade, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Daw~ S. Sunday, ESquire~ Custody Conciliator GLEN T. SHADE, Plaintiff VS. STEPHANIE ANN SHADE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-65 : : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: Dated: I, Jeann~ B. Costopoulos, Esquire, verify that the Complaint in Divorce was served upon the Defendant indicated above on January 16, 2003, by first class, Certified Mail No. 7000 1530 0001 6001 8282, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements ofPa. R.C.P. §1930.4. By: ~ ~ Je~ B. Costopoulos, Esquire Attorney for Plaintiff 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA S.Ct. ID No. 68735 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired, · Print your name and address on the revers& so that we can return the card to you. · Attach this card to the back of the maiipiece, or on the front if space permits. I. Article Addressed to: ?,4 ,,-r o 2. Article Number fro~ [] Yes If YES, e~ter delivery address below: [] No [ [] Registered [] Return Receipt for Merchandise 7000 /s-So oo-o / g~~ GLEN T. SHADE, Plaimiff` VS. STEPHANIE ANN SHADE, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-65 : : CIVIL ACTION - LAW : DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaim in Divorce under Section 3301(c) of the Divorce Code was filed on January 6, 2003. 2. The marriage of the 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 ora final decree ofdivoree after service of notice ofimemion to request entry of the decree. 4. 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 unswom falsification to authorities. Date: Signature: ~],~,, ~'~. a~4.,~ Glen T. Shade GLEN T. SHADE, Plaintiff VS. STEPHANIE ANN SHADE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-65 : CIVIL ACTION - LAW : DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry ora final decree of divorce without notice. 2. I understand that I may lose fights 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. 4. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Dated: Signature: ,,~tt/~ Glen T. Shade GLEN T. SHADE, Plaintiff VS. STEPHANIE ANN SHADE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-65 : : CIVIL ACTION - LAW : DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 6, 2003. 2. The marriage of the Plaintiffand Defendant is irretrievably broken and ninety days have elapsed fi.om the date o£the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce a~er service of notice of intention to request entry of the decree. 4. 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 unswom falsification to authorities. Stephanie Ann Shade GLEN T. SHADE, Plaintiff VS. STEPHANIE ANN SHADE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-65 : : CIVIL ACTION - LAW : DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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. 4. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Dated: ,.~/~/~ ~ Signature: ~,~/~c~,~rt~~ Stephanie Ann Shade GLEN T. SHADE, Plaimiff VS. STEPHANIE ANN SHADE, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-65 Civil Term : : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO TRANSMIT RECORI~ To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Service by certified mail no. 7000 1530 0001 6001 8282. See attached Affidavit of Service. 3. Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by the Plaintiff.' 3/9/2004; by the Defendant: 3/3/2004. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301 (c) divorce was filed with the prothonotary: filed simultaneously with this Praecipe to Transmit Record Date Defendant' s Waiver of Notice in § 3301 (c) divorce was filed with the prothonotary: filed simultaneously with th/s Praecipe to Transmit Record. Respectfully Submitted: Dated: Jeann~ B. Costopoulos, Esquire Attorney for Plaintiff 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA S.Ct. ID No. 68735 1N THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF ~Ig~. PENNA. Glen T. Shade Plaintiff VERSUS S%ephante Ann Shade Defendant DECREE IN DIVORCE NO. 03-65 civil Term AN D NOW, DECREED tHAt Glen T. Shade AND Stephanie Ann Shade ARE DIVORCED FROM THE BONDS OF MATRIMONY. , ~O0-1, IT IS ORDERED AND , PLAINTI fl, , DEFEN DANT~ 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