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Home My WebLink About98-06561 \'J !.. ~ ~ ~ <::.J .., :. ~ \l .,.... I III ~ U i , , j I I ti \..~ ~I ! I __i . I .~i ~1 , I i """"! ~; ~i ; , " u...l ~ l ~l I / . , (,;/{ . " . /I/...,tf/ -:~ .1.. .1-"'1 4' f"~' . ,.1..~ , , ,/ ;' ?'/.'I' (('.. o.. ~.' ,/ ;:-' ~( . , .1:....-iJ/ ,,::.. -I.", "t~:> .) -' S " .,' '" ,- <'l r:; ~~ I_~:~ .. , ~~:' .. , , .. - t' , ~, :") '-.- "" '- , I . ; '.1 "-- L'.; t- L~ 1.'. Ctl - ; C) c.;;-., [) I BETZI L. CARTER, \ I Plaintiff ,I Ii v, \ TERRY E, CARTER, Defendant I : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 98- {;', (, ! CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court, If you wish to defend against the claims set forth in the following pages, you must take prompt aelion, You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may 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 the 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 II II v. I II TERRY E, CARTER, II Defendant II , I 11, BETZI L. CARTER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 98- (. '.;{, I CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 2, Plaintiff is Betzi L. Carter, an adult individual, currently residing at 7 Fairfield Street, Ml. Holly Springs, Cumberland County, Pennsylvania 17065, Defendant is Terry E, Carter, an adult individual, currently residing at 527 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013, Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. Plaintiff and Defendant were married on September 2, 1989 in Cumberland County, Pennsylvania, There have been no prior actions for divorce or annulment between the parties, The Defendant is not a member of the Armed Forces of the United States of 3, 4, 5. 6. America, or its Allies, 7, The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8, Plaintiff and Defendant are citizens of the United States of America, I 9, The parties have lived separate and apart since August 31, 1997 and continue to live separate and apart as of the date of this Complaint. 10, The parties' marriage is irretrievably broken. 11, Plaintiff desires a divorce based upon the belief that Defendant will after ninety days i from the date of the filing of this Complaint, consent to this divorce, !i WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce, !, n " " <, ii " ij 1112, 16, 17, 18, COUNT" CHILD CUSTODY 13, Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their full text. Plaintiff and Defendant are the natural parents of Terry E, Carter, II, date of birth February 15, 1991, Terry E, Carter, II presently resides with Plaintiff, at the Plaintiffs address listed above. Terry E. Carter, II has lived with Mom at her address for the past five (5) years. The Plaintiff has no information of a custody proceeding concerning the child pending in any Court of the Commonwealth, The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of this child in this or in any other Court, The best interests and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary caregiver with respect to the child, 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 a claim to have any right to custody or visitation of the child other than the parties to this action, 14, 15, I[ I! 'I , VERIFICATION II 1&;/9rf Date / 10, ,/ ,...;j.' ,_ (I / / Betzi ~yarter '.. 1 ,/[LLl{. I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa,C,S, Section 4904 relating to unsworn falsification to authorities, ,." , ., {~' " It , , ~ (0 ~ J .j )~l ..:$ 1 .'~ I "'J " " .. ,:) 2 ,.J ~ ..) '/> " P '-' " \ ' \-; c .,., a " "'- ~ '....... ...... -") , -\ J' .. " ':3 J 0:.. --.. ~-\... '}'t. ~ P 198 Sbb b78 Cart er - 01 vorce us Postal SotvlCO Receipt for Certified Mail No Insuranco Coverago ProvIded Do nol uso lor Inlornalional Mail SM rovorso 500110 Terry E.. Carter &~~~~~th Bedford Street POj! 011"., 5"'1', · ZiP cOdol 70 3 carlISle, PA 1 POSlage $ .32 CertJfledFell 1.35 Spedal Delivery Fee RC5lnctedDelive!'{Fee 2.75 '" '" Return Receipt ShowIng to ~ Whom & Oall! (fflhv",,,!j 1.10 ~ AelUn'lRoc~S/lo'fo'rqIO'fi'hcfrl. c( Date.&Mi~l"e'sWess 0 S 5.52 0 TOTAL Postage & Fees Q) M PostmarllorOale E ~ NoveiIDer 23, 1998 If) a. .. SENDER: ~ 8Complele !tema 1 and/or 2 for additional HMceI. . -Complete Items 3, .4., and 4b. , I .Print your name and address on the I1lverl8of Ihlt form 10 thai we can retum this cerd ,. you, -Atlach this form to the front of the mailp/ece. or on the bac:k.lf space does not I! permll. !! eWrlte'Retum Receipt RsqlHllted'oo the maJlpiece below the artlcle number. -= -The Return Receipt win ShOW 10 whom the article was delivered and lhe dale I c delivered. o 'j , G 'li. E 8 3. Article Addressed to: Terry E. Carter 527 North Bedford Street Carlisle, PA 17013/' P 198 566 4b, Service Type o Registered ~ Certified Express Mall 0 Insured Return Recelptfor Merchandsa 0 COD , ate of DaUvery , , /1.1 .~ '0 - Addressaa'a Address (Only II requested ond 100 Is paid) ~ , " ~ !! .,,~..;;~:-'. Domestic Return Receipt " BETZI L. CARTER. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 98.6561 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE v, TERRY E, CARTER, Defendant AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on November 18, 1998, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3, I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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, ~/2 ( Date ~r, rz&-;7 erry E. c).ker ;~ ~ :>- "J rs :0- j:;.- ~:. L!.I".~ ' -':/ C~"'. f~'-: , S' --. , ,__. ,,-) " 1.1.:.:.... C.,; C:.- , Ci~. I L'j J ". , " Cl "" ~J ':;'1 :-' ';;;, BETZI L. CARTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 98.6561 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE v, TERRY E, CARTER, Defendant WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 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 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 THE FOREGOING 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, :2 /2( Date 0{ ? ~~ 'ierry ~rter C ; .~ t' L '- C'J (: C: i.'~, " lIl'. ..:.1 .:... ~."? .- " H- ,. . -- (~; (.) L..:: , I.!.' N , U~ C'" , , :, l~' ,- L. t:.. 1,.-,'" j (~) ,:;''\ '.) BETZI L. CARTER, Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 98-6561 TERRY E, CARTER, Defendant ORDER OF COURT AND NOW, this t/I" day of --4~ ,19 r1, upon consideration of the within Stipulation, it is hereby ordered and decreed as follows: 1, Terry E, Carter, II, born February 15, 1991, is the natural child of Betzi L. Carter and Terry E. Carter, 2. Shared legal custody of the child as contemplated by the Act of November 5, 1981, P,L. 322,23 P.S, ~1001, et seq" will be in both of the parties, as the natural parents, 3. Primary physical custody of the child shall be in the mother subject to the following periods of partial custody with the father: a, Every other weekend from Friday at 5:00p,m, through Sunday at 5:00p,m, b, Seven days summer vacation to be scheduled at the convenience of the parties. 4, All holidays shall be shared as the parties agree, 5, Mother shall have physical custody from 8:00a,m, until 7:00p,m, on Mother's Day and Father shall have physical custody from 8:00a,m. until 7:00p,m, on Father's Day, 6, Such other periods of partial physical custody as the parties may from time to time agree, 7, Father shall provide transportation to and from the child's residence in conjunction with each and every visit. v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 98-6561 BETZI L. CARTER, Plaintiff TERRY E, CARTER, Defendant CUSTODY STIPULATION AND NOW, this 26th day of December, 1998, it is hereby stipulated and agreed between the parties as follows: 1, Terry E, Carter, II, born February 15, 1991, is the natural child of Betzi L. Carter and Terry E, Carter. 2, Shared legal custody of the child as contemplated by the Act of November 5, 1981, P.L. 322, 23 P.S, 91001, et seq" will be in both of the parties, as the natural parents, 3, Primary physical custody of the child shall be in the mother subject to the following periods of partial custody with the father: a, Every other weekend from Friday at 5:00p,m, through Sunday at 5:00p,m, b. Seven consecutive days during the summer vacation to be scheduled at the convenience of the parties, 4, All holidays shall be shared as the parties agree, 5, Mother shall have physical custody from 8:00a,m, until 7:00p,m. on Mother's Day and Father shall have physical custody from 8:00a,m. until 7:00p,m, on Father's Day, 6. Such other periods of partial physical custody as the parties may from time to time agree, 7, Father shall provide transportation to and from the child's residence in conjunction with each and every visit. ~ ""''1< .... €J ~ ~ -...) C~ , ~ c ,~ .':1 II: p-- ~ C :' ( , " ~ L' C. ""' ( I 'j: , , , .- c,