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HomeMy WebLinkAbout99-030891, V 1`i ..?i ?`?! ny;, f: f •' 1:'i ?IyK }yi l'? rF:. ?P: ?: i;'M .?%, ?Ii a 'ai 'Iji .;S ?i,4+; .'A, .; d,: t. n, ::l :o•: • ?•:.:? • :.?:..:x. a •:ei:.r...m...m. ec•'•:c• a C.,:a....V. t?• ;ar e,.:t?::ei:;:rrtecae•;:c•: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ANGELA SHOPE PLAINTIFF ......................................................... Versus CHRISTOPHER SHOPE ............................................ _ ..... ...... DEFENDANT ............................ ... .... .............. N o. .3.0.8.9 ............ CIVIL..... 1%9 .......... !. DECREE IN is D I V O R C E J 3P? PM? AND NOW, . •• ....t...... ..., it is ordered and i5 4 plaintiff, s decreed that ... • . • ....... ANGELA SHOPE ............... 6 and . . . . . . . . . . . . . .. . .. . . . . CHRISTOPHER,$HOP,E, • , , , • , , . , • . • .. • defendant, ?- e ....... ••.% are divorced from the bonds of matrimony. o l: 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; e NONE .................................................................... ti E i,?: i 0 ___ _ 1 •. .1. )a ttes v i. Prothonotary te:• :e: <e: tr.te:• V. •:e:te:• C. •oi •:ei ter •isi :•> •:s:• ce: te> tc• :?: tc• I.C. W. W. l t 6e) ma o' -e ??Y ANGELA M. SHOPE, Plaintiff V. CHRISTOPHER SHOPE, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 99-3089 CIVIL TERM PRAECIPE TO TRANSMIT RECORD 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 Section 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Christopher Shope accepted service on July 28, 1999. 3. Date of execution of the Plaintiffs Affidavit required by § 3301(d) of the Divorce Code: February 2, 2000; Date of service of the Plaintiffs Affidavit upon the Defendant: February 2, 2000, as evidenced by the Certificate of Service filed on February 2, 2000. 4. Related claims pending: There are no related claims pending. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: United States mail, first class, postage prepaid on February 22, 2000. Date 3 -awo FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 Supervising Attorney DONALD MARRITZ Staff Attorney Ql) i _ C 1 ?. ANGELA M. SHOPE, Plaintiff V. CHRISTOPHER SHOPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE, CUSTODY NO. 99-36 fr'9 CIVIL TERM 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania. 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. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717/240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. ANGELA M.SHOPE, Plaintiff V. CHRISTOPHER SHOPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE, CUSTODY NO. 99-369q CIVIL TERM COMPLAINT FOR DIVORCE UNDER 23 Pa.C.S. §S 3301(c) and 3301(d) AND FOR CUSTODY The plaintiff, Angela M. Shope, by her attorneys, the Family Law Clinic, sets forth the following cause of action: COUNT I. DIVORCE 1. Plaintiff is Angela M. Shope, who currently resides at 1 West Penn Street, Apt. 101, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Christopher Shope, who currently resides at 24731 County Road, 13C, Mathis, Texas, 78368. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on May 5, 1995 in Carlisle, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since January 8, 1998. 6. There have been no prior actions of divorce or for annulment between the panics. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaintiff or defendant may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the ,marriage. COUNT IL CUSTODY 9. Plaintiff repeats and reallege paragraphs one through eight. 10. Plaintiff seeks custody of the following child: NAME PRESENT ADDRESS D.O.B. Cierra Shope 1 West Penn Street, Apt. 101 7/18/91 Carlisle, PA 17013 The child was born out of wedlock. The child is presently i n the custody of Angela M. Shope, who resides at 1 West Penn Street, Apt. 101, Carlisle, Cumberland County, Pennsylvania 17013. For the last five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Angela M. Shope Fry Loop 4/94 - 5/31/97 Christopher Shope Carlisle, PA 17013 Angela M. Shope 2218 A Shadow Valley Rd. 6/1/97 - 10/15/97 Christopher Shope NC Angela M. Shope 36 Spinnaker Walk 10/16/97 - 11/15/97 Traci Jenkins Savannah, GA David Cheek Angela M. Shope 96 Winchester Gardens 11/16/97 - 11/15/98 Carlisle, PA 17013 Angela M. Shope 1 West Penn Street, Apt. 101 11/16/98 - present Carlisle, PA 17013 The mother of the child is Angela M. Shope, currently residing at 1 West Penn Street, Apt. 101, Carlisle, Cumberland County, Pennsylvania 17013. She is married to Defendant. The father of the child is Christopher Shope, currently residing at 24731 County Road, 13C, Mathis, Texas 78368. He is married to Plaintiff. 11. The relationship of the plaintiff to the child is that of mother. Plaintiff currently resides with the following persons: NAME RELATIONSHIP Cierra Shope Daughter 12. The relationship of the defendant to the child is that of father. Defendant currently resides with the following persons: NAME RELATIONSHIP Rose Cook Mother Gordon Cook Stepfather Jerry Shope Brother Alex Shope Brother 13. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person nor a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of the child since birth; b) Plaintiff provides the child with a home with adequate normal, emotional and physical surroundings as required to meet the child's needs; c) Plaintiff is willing to accept custody of the child; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties in this action. WHEREFORE, plaintiff requests the court to grant her shared legal and primary physical custody of Cierra Shope, with defendant having liberal periods of partial custody. Date 1799 ? / tt?l TKIMBERLY DARDI, G Certified Legal nern THOMAS M. PLACE ROBERT E. RAINS Supervising Attorney DONALD MARRITZ Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle. PA 17013 717/240-5204 r' VERIFICATION I verify that the statements made in this Divorce and Custody Complaint are true and correct to the best of my personal knowledge and belief. 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: M.SHOPE ¦ . C) 1n 1n ? U r w Q. q m ? L la c? T ? M n? ANGELA M. SHOPE, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE, CUSTODY CHRISTOPHER SHOPE, Defendant NO. 99-3089 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated January 8, 1998, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authoritie Date U 4 ? U 7 J 7 'ill i? ANGELA M. SHOPL'-, Plaintiff V. Cl IRISTOPIIER SHOPE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 99-3089 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Christopher Shope: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the plaintiff s affidavit. Therefore, on or after March 13, 2000, the plaintiff can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717/240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. ,.. ?,- «r F. ... _ ?, , , 1;: ?: : , ;> : L.. • ?..., = I ,. I , J.J F _ 11 G C+ _:: C) CJ ANGELA M. SHOPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE, CUSTODY CHRISTOPHER SHOPE, Defendant NO. 99-!3-PCIVIL TERM ACCEPTANCE. h ER I F i accept service of the Complaint in Divorce and Custody filed in this matter. Date 7??8-?7f Christophc Shope 24731 County Road, 13C Mathis, TX 78368 f? w zd Q -S C N d ?4A W i cn S V V ? ANGELA M. SI101'Ii, Plaintiff CI IRISTOPIIER SI IOPE, Dclcndant IN'TIiE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE, CUSTODY NO. 99-3089 CIVIL TERM CERTIFICATE OF SERVICE I, Cindy A. Sheridan, Certified Legal Intern, Family Law Clinic, hereby certify that I have served it true and correct copy ofthe Plaintiffs Affidavit on Christopher Shope, residing at 8729 Granite Street, Apl, 111), Baton Rouge, LA 70810, by this date placing the same in the United States null, first class, postage prepaid. Dille p Cindy heridan Certified,Degal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 :r Il.' L`.. p -7 L,Q L . •.L I'B'S CD .') ANGELA M. SHOPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW IN DIVORCE CHRISTOPHER SHOPE, Defendant NO. 99-3089 CIVIL TERM CERTIFICATE OF SERVICE I, hereby certify that I have served a true and correct copy of the Praecipe to Transmit Record and Vital Statistics form on Christopher Shope, at 8729 Granite Street, Apt.#D, Baton Rouge, LA 70810, by this date placing the same in the U.S. mail, first class, postage prepaid. Date J-DO-0y Cindy A. eridan Certified gal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 Fax: (717) 243-3639 U ?? Cj SEP 21 ANGELA M. SHOPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : IN CUSTODY CHRISTOPHER SHOPE, Defendant NO. 99^x"" CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this pN+a day of Se kpM))2r , 1999, between plaintiff, Angela M. Shope, hereinafter (mother), and defendanc, Christopher Shope, hereinafter (father), concerns the custody of the child: Cierra Shope, born 7/18/91. Mother and father desire to enter into an agreement as to the custody of the child and to have this agreement made an Order of Court. Mother and father agree to the following: 1. The parties shall share legal custody of the child. 2. The mother shall have primary physical custody of the child. 3. The father shall have the right to partial physical custody at times mutually agreed upon by the parties. 4. The non-custodial parent shall be entitiled to reasonable telephone,access with the child. 5. The parties shall keep one another advised of their current address, home telephone number and work phone number. 6. The father and mother will notify each other of all significant medical care which the child receives while in that parent's care. Each parent will notify the other as soon as possible of medical emergencies involving the child which arise while the child is in that parent's care. ?. ?? 7. Neither party will do anything which may estrange the child from the other parent, or injure the opinions of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 8. The father acknowledges that he has been informed that the Family Law Clinic represents only the mother in this case and that the Family Law Clinic has given him no legal advice other than to seek his own counsel. 9. The parties intend to be legally bound by the terms of this agreement and agree that it shall belmade on Order of Court. Ch.'stopher Sh e Defendant gel M. ain iff /Kinhberly D. Harding Certified egal Inte n Z??-? Thomas M. Place Robert E. Rains SUPERVISING ATTORNEY Donald Marritz STAFF ATTORNEY FarI= CL1" .i1C 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Counsel for Plaintiff ORDER AND NOW, this day of Agreement is approved and entered 1999, the foregoing an a/e/cf/ourt. J. c ogd? c?. 7-] 4'ii u i5 m V