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HomeMy WebLinkAbout07-2088KOPE & ASSOCIATES, LLC. BY: LESLEY J. BEAM', ESQ. ATTORNEY 1. D-. 91175 4660 Tdndle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbpearn kopelaw.oor RAPHELLE MAZUR Plaintiff, vs. TIMOTHY MAZUR, Defendant. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 --2(v J CIVIL ACTION - LAW IN DIVORCE & CUSTODY NOTICE TO DEFEND AND CLAIM RIGHT'S- 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 at the Domestic Relations Office, 13 North Hanover Street, 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, GO TO OR- TELEPHONE THE OFFICE SET FORTH. BELOW.. THIS OFFICE CAN PROVIDE YOU WITH INFORMATIOK ABOUT HIRING A LAWYER. IF YOU CANNOT AFPOAO TIC JONE A LAWYER, THIS OFFICE MAY 13E ABLE TO PROVIDE YOU wrtH INFORMATION ABOUT AGENCIES- THAT MAY OFFER LEGAL SERVICES TO ELIGOLE PERSONS AT A REDUCEMFEE OR FEE. CUMMALANa COUNTY BAR ASSMIA pt 32 SOUTH BEDFORD STREET CARLISLE, PA 1701-3- RAPHELLE MAZUR IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. J'7- V O FF TIMOTHY MAZUR, : CIVIL ACTION - LAW Defendant. : IN DIVORCE & CUSTODY NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. OPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lboarnkoMlaw.cam RAPHELLE MAZUR Plaintiff, vs. TIMOTHY MAZUR, Defendant. Aft eyfart Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. o7-aoPB' CIVIL ACTION - LAWN IN DIVORCE & CUSTODY C PLAINT IN DIVORCE AND CUSTODY AND NOW comes the above-named Plaintiff, RAPHELLE MAZUR, by and through her attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is RAPHELLE MAZUR, an adult individual who currently resides at 1465 English Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is TIMOTHY MAZUR, an adult individual who currently resides at 7124 Brandon Drive, Temple, Bell County, Texas, 76502. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 6, 2001 in Seoul, South Korea. 5. The Parties separated on October 25, 2006 when Plaintiff removed herself and the children from the marital home as a result of the Defendant's infidelity. 6. Defendant is in the military 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, specifically, the United States Army. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT It REQUEST FOR A NO-FAUN DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate .time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as Specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT III REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301 (a) (2) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. Defendant has committed adultery. 16. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (a) (2) of the Divorce Code. COUNT IV REQUEST FOR EQUITABLE DISTRIBUTI014 OF MARITAL PROPERTY UNDER SECTION 3502 (a) OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 18. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502 (a) of the Divorce Code. 19. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 20. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502 (a) of the Divorce Code. COUNT V ALIMONY 21. The Defendant rendered Plaintiff unable to meet all: financial obligations when he committed adultery and forced her to leave the marital home. Plaintiff lacks reasonable sufficient property to provide for her and the children's reasonable needs in accordance with any standard of living, let alone the standard the parties established during their marriage. 22. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff-- and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order awarding Plaintiff from Defendant alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. Coukir vi: ALIMONY PENDENTE LITE and SPOUSAL SUPPORT 23. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 24. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff respectfully requests that the Court Order Defendant to pay her reasonable alimony pendente lite and/or spousal support during the pendency of this action. COUNT VII REQUEST FOR CONFIRMATIOlt OF CUSTODY U14DER S OTC 31 tf4(a)Q) AND 3323(bl OF THE DIVORCE CODE R 25. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 26. The parties are the parents of the following unemancipated children who reside with the Plaintiff at the current time: NAME AGE SEX D.O.B. Caylynn Mazur 4 years Female September 13, 2002 Cody Mazur 11 months Male May 12, 2006 27. For the preceding three years the chi ldren have resided with the following persons and at the fo llowing addresses: PERSONS ADDRESS DATES Raphelle Mazur 1465 English Drive April 1, 2007 - present Mechanicsburg, PA Raphelle Mazur 1514 Tussey Drive Oct. 25, 2006 - April 1, 2007 Susan Ruscito Mechanicsburg, PA Raphelle Mazur 7124 Brandon Drive April 2005 - Oct. 25, 2006 Timothy Mazur Temple, TX 76502 Raphelle Mazur 2126 Delphos Drive Mid Feb. 2005 - April 2005 Robert Mazur Erie, PA 16509 Karen Mazur Sara Mazur Raphelle Mazur 115 Rye Lane Aug. 6, 2002 - Mid Feb. 2005 Timothy Mazur Raeford, NC 28376 28. Plaintiff has not participated in any other litigation concerning the custody of the children in this or any other state. 29. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 30. Plaintiff is requesting sole legal and primary physical custody of the children. 31. The best interests and permanent welfare of the children will be served by granting the requested relief because: a. Plaintiff is able to provide a stable home and emotional environment for the children; b. Plaintiff has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so; c. Defendant, in part due to his military obligations, has not been present in the children's lives for substantial blocks of time. Of particular concern, Defendant has spent only a matter of days in the presence of the younger child. As such, the children do not have established relationships with Defendant; d. Defendant has stated his desire to absolve himself of any rights or responsibilities for the children, and has made minimal efforts to call or contact the children; e. Defendant has never been responsible for taking care of the children, and/or tending to their needs. Plaintiff has been the primary caretaker, and such, has the knowledge and wherewithal to be a superior parent to the children. WHEREFORE, Plaintiff respectfully requests that pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order awarding Plaintiff sole legal and primary physical custody of the children. Respectfully. Submitted, KOPE 4 ASSOCIATES, LLC LA Dated: p esley am, Esq. 04/09/2007 MON 13:47 FAX 18772967598 2003/003 -..... 2087.13:.1.1........ 7T7- ??• -- - - .?:".. P .& A550CA7E5...._...._..._:::._.-__-?- .. ......... VI5RIFICATION I, Rapheile Mazur, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct. and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsifications to authorities. I - L' P h V? Dated: ±14 0 4PO a Mazur Cv1'1, 1 _ r KOPE & A"OCIATES, LLC BY: LESLEY J. BEAM,, ESQ. ATTORNEY I.Q. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 11bearn0koWaw cam RAPHELLE MAZUR Plaintiff, VS. TIMOTHY MAZUR, Defendant. AttoMoyfor Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 .2 0?,F CIVIL ACTION -LAW IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is RAPHELLE MAZUR, an adult individual who currently resides at 1465 English Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is TIMOTHY MAZUR, an adult individual who currently resides at 7124 Brandon Drive, Temple, Bell County, Texas, 76502. 3. Plaintiff seeks primary physical and sole legal custody of the following children: NAME PRESENT RESIDENCE AGE Caylynn Mazur 1465 English Drive 4 years old Mechanicsburg, PA D.O.B. 9/13/2002 Cody Mazur 1465 English Drive 11 months old Mechanisburg, PA D.O.B. 5/12/2006 4. Caylynn Mazur and Cody Mazur (hereinafter the "children") were bom in wedlock. 5. The children are presently residing with the Plaintiff. 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS- ADDRESS DATES Raphelle Mazur 1465 English Drive April 1, 2007 - present Mechanicsburg, PA Raphelle Mazur 1514 Tussey Drive Oct. 25, 2006 - April 1, 2007 Susan Ruscito Mechanicsburg, PA Raphelie Mazur 7124 Brandon Drive April 2005 - Oct. 25, 2006 Timothy Mazur Temple, TX 76502 Raphelle Mazur 2126 Delphos Drive Mid Feb. 2005 - April 2005 Robert Mazur Erie, PA 16509 Karen Mazur Sara Mazur Raphelie Mazur 115 Rye Lane Aug. 6, 2002 - Mid Feb. 2005 Timothy Mazur Raeford, NC 28376 7. The mother of the children is Raphelie Mazur, currently residing at 1465 English Drive, Mechanicsburg, Cumberland County, Pennsylvania. She is married but separated. 8. The father of the children is Timothy. Mazur, currently residinq at 7124 Brandon Drive, Temple, Bell County, Pennsylvania. He is married but separated. 9. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following, persons: NAME RELATIONSHIP Caylynn Mazur Child Cody Mazur Child 10. The relationship of Defendant to the children is that of Father. It is believed that Father currently resides alone. 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the children. 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. Plaintiff is requesting sole legal and primary physical custody of the children. 14. The best interest and permanent welfare of the children will be served by the granting relief requested because: a. Plaintiff is able to provide a stable home and emotional environment for the children; b. Plaintiff has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so; c. Defendant, in part due to his military obligations, has not been present in the children's lives for substantial blocks of time. Of particular concern, Defendant has spent only a matter of days in the presence of the younger child. As such, the children do not have established relationships with Defendant; d. Defendant has stated his desire to absolve himself of any rights or responsibilities for the children, and has made minimal efforts to call or contact the children; e. Defendant has never been responsible for taking care of the children, and/or tending to their needs. Plaintiff has been the primary caretaker, and such, has the knowledge and wherewithal to be a superior parent to the children. 15. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff primary physical and sole legal custody of the children. Respectfully Submitted, Dated: 0 By: 04/09/2007 MON 13:47 FAX 18772967598 ? 002/003 _.K 94!09%2807'_.,, K0 & ABS :. :...:.:'... 20120....__._.... VERIFICATION I, Raphelle Mazur, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsifications to authorities. Dated: .411 Ctap el a Mazur c.y _ 1 .a GJ ? 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. 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, PA 17013 (717) 249-3166 RAPHELLE MAZUR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-2088 CIVIL ACTION LAW TIMOTHY MAZUR IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, April 19, 2007 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 11, 2007 at 10:30 AM .. ................... 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 present at the conference. Failure to appear 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/ Hubert X. Gilro Es q. Custody Conciliator A?' 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 THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone (717) 249-3166 VIN VAl,kS3 N'3d 21 0 Wd ?Z M LOOZ AdViQNv""?Cbd 3HL 30 3'JL-HO-031A Y R KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearn(ftopelaw.com RAPHELLE MAZUR Plaintiff, vs. TIMOTHY MAZUR, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2088 CIVIL ACTION -LAW IN CUSTODY AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Raphelle Mazur, Plaintiff, and states that service of the Complaint in Custody in this matter was made by her upon Defendant, Timothy Mazur, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 2510 0007 6450 0977, Return Receipt Requested on April 16, 2007, to his mailing address, at 7124 Brandon Drive, Temple, TX 76502, which mail was received by Defendant on April 20, 2007, all in accordance with PA.R.C.P. 412 and 403. The mailing receipt and the return receipt or true copies thereof of the acceptance of service bearing the signature of the Defendant are attached hereto and made part hereof, together with the cover letter mailed to Defendant. _Alil J 9 SLE J. B AM, Esq. Attorney for Plaintiff a K o P E ASSOCIATES LAW OFFICES LLC April 16, 2007 VIA REGULAR AND CERTIFIED MAIL: Timothy Mazur 7124 Brandon Drive Temple, TX 76502 Re: 1V1aur v. Mazur No. 07-2089 in Custody. Dear Mr. Mazur, I represent Raphelle Mazur in the above referenced matter for custody. Enclosed and served upon you is the Complaint in Divorce and Custody filed with the Cumberland County Court of Common Pleas. I am sending these papers to you directly because I have no information that you are represented by an attorney. I am also enclosing an Acceptance of Service for this Complaint Please sign and return in the enclosed self-addressed stamped envelope. If you do not either return. the Acceptance of Service or sign the receipt for the certified letter, this office will have to officially serve this Complaint at your place of residence. If you have any questions, please feel free to contact me. But, please be aware thatI cannot give you legal advice because I represent Ms. Mazur. Thank-you for your bind attention to this matter. Sincerely, Kope Associates, LLC Lesley . e , ESq. Enclosure Cc: Raphelle Mazur Smart Representation 466o Trindle Road ¦ Suite 2ol ¦ (".amn Hill PA ,ti?,+ r ¦ Complete Items 1, 2, and 3. Also complete item 4 if RestrTcted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or4pn the front if space permits. 11.. A Addressed to: t 1 o f M A Zt> I'? 1 y51 IPL.? x 71a 6'oa i A §,,Ped-eived by (Printed Name) C. Date of Delivery -1 I rrn©th MoCw4 4g -ao-Zr D. Is delivery addreJs different from item 11 Y. ff YES, enter del Fbw: o 3. Service Type ? Certified Mail ? Express Mail ? Registered ? Retum Receipt for Merchandise ? insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ffira,nslerhom fer..,,.-, service kft# 7004 251? ?UU r 645u u7 e r (Tia I Ps Form 3811, February 2004 -Domestic Retum Receipt 102595-02-M-1540 N (Domestic Only; No Insurance Cove rage Provided) ° For delivery information visit our website at ww w usP-0--?n11llllll Ln ° OFFICIAL . US `° POetege $ G Certified Fee /.` b E3 Relum Receipt Fee (Endorsemerrt Required) Pry ° r'1 Restrk tad Delivery Fee (Endoreemern Required) Ln ti Total Postage & Fees $ C3 S" TO - -- ----- ----- -- or PO Box No. CRy: State. ZIP+4 PS Forin 3800, Affle 2002 spa -`' ?? ??;=, ? ?' -a ?-n ?? ? 4,' ? -? ? ? ? -?a - : ?; - _ ?? ;: : ? r KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearn(ftopelaw.com RAPHELLE MAZUR Plaintiff, vs. TIMOTHY MAZUR, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2088 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Raphelle Mazur, Plaintiff, and states that service of the Complaint in Divorce & Custody in this matter was made by her upon Defendant, Timothy Mazur, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 2510 0007 6450 0991, Return Receipt Requested on April 16, 2007, to his mailing address, at 7124 Brandon Drive, Temple, TX 76502, which mail was received by Defendant on April 20, 2007, all in accordance with PA.R.C.P. 412 and 403. The mailing receipt and the return receipt or true copies thereof of the acceptance of service bearing the signature of the Defendant are attached hereto and made part hereof, together with the cover letter mailed to Defendant. LESLEY J: BEAM, Esq. Attorney for Plaintiff e ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the ?railpiece, or on the front if space permits. 1. Article Addressed to: VV I O T A 0 Agent B. Received j5pd& Name) C.e of DOINery D. Is delivery add different from item 1? 0 Yes If YES, eater delivery address below: J76No 3. Service Type 0 Certified mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? Pf?a Fee) es 2. Article Number 7004 2510 0007 6450 0991 (llanster from sw&e label/ PS Form 3811, February 2004 Domestic'Retum Receipt 1=9&02-W1540 Postal a CERTIFIED MAIL RE CEIPT (Domestic Only: No Insurance C overage Provided) C3 , N ° OFFI CIAL US=E f `- cermw Fee Im poeft,a* 0 O Return Receipt Fee (Endoraemerrt Required) // / •• J 5? Flere C3 (ErwanrentRe?h d y c? ` ?' 171-11 `r' lbtal Postage & Few $ 3 r ' r T o ?? orPOBbxW ti K O P E ASSOCIATES LAW OFFICES LLC April 16, 2007 VIA REGULAR AND CERTIFIED MAIL Timothy Mazur 7124 Brandon Drive Temple, TX 76502 Re: Mazur v. Mazur No. 07-20.98 in Divorce Dear Mr. Mazur, I represent Raphelle Mazur in the above referenced matter for divorce. Enclosed and served upon you is the Complaint in Divorce and Custody filed with the Cumberland County Court of Common Pleas. I am sending these papers to you directly because f have no information that you are represented by an attorney. I am also enclosing an Acceptance of Service for this Complaint. Please sign and return in the enclosed self-addressed stamped envelope. If you do not either return the Acceptance of Service or sign the receipt for the certified letter, this office will have to officially serve this Complaint at your place of residence. If you have any questions, please feel free to contact me. But, please be aware that I cannot give you legal advice because I represent Ms. Mazur. Thank-you for your kind attention to this matter. Sincerely, Kope & Associa s, LLC v } /Sl a ESq. Enclosure Cc: Raphelle MAzur Smart Representation 4660 Trindle Road ¦ Suite 201 ¦ Camp Hill, PA 17o11 ' c C) <y -4 rRi r" ;. ? ? ? r ~ rra N '? G RAPHELLE MAZUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW TIMOTHY MAZUR, : NO. 07-2088 Defendant : IN CUSTODY COURT ORDER AND NOW, this day of , 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: The mother, Raphelle Mazur, and the father, Timothy Mazur, shall enjoy shared legal custody of Caylynn I. Mazur, born September 13, 2002 and Cody A. Mazur, born May 12, 2006. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: a. From Friday, May 25, 2007 until Friday, June 1, 2007. Father shall exercise this custody at his parent's home in Erie. Mother shall transport the children to Erie and also pick them up to return the children, unless agreed otherwise by the parties. The children shall sleep at their paternal grandparent's home during this time of temporary custody and the paternal grandparents shall be present at least during the evening. b. At such other times as agreed upon by the parties. For this provision, it is understood that father is in the military and will be relocating to Colorado and ultimately deployed overseas. Father shall give mother as much notice as possible as to when he will be available to exercise temporary custody, and mother shall attempt to accommodate father's availability in arranging periods of temporary custody. 4. Both parties shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. 5. In the event that there are any issues that arise and require immediate attention by the Court, legal counsel for the parties may contact the Custody Conciliator directly to schedule a Conciliation Conference over the telephone. F:\FILES\DATAFILE\General\Carrent\12321\12321.1.mazur v. mazurl/nlm Created: 9/20/04 0:06PM Revised: 5/21/07 11:41 AM RAPHELLE MAZUR, Plaintiff v TIMOTHY MAZUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - LAW NO. 07-2088 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child/children who are the subject of this litigation is as follows: Caylynn I. Mazur, born September 13, 2002; and Cody A. Mazur, born May 12, 2006 2. A Conciliation Conference was held on May 18, 2007, with the following individuals in attendance: The mother, Raphelle Mazur, with her counsel, Lesley J. Beam, Esquire, and the father, Timothy Mazur, with his counsel, Susan Abel, Esquire. 3. Based upon the recommendation of the Conciliator, the parties are willing to agree to a temporary Order in the form as attached. Date: T,, l -0 / Hubert X. Gilroy, squire Custody Concili or 6. Neither parent will disparage the other parent or alienate the children from the other parent or allow other individuals to do so when the children are in their custody. BY THE COURT, Judge cc: Lesley J. Beam, Esquire Susan Abel, Esquire L .l c-? C? ?-_ c? ?? 'T1 "f": - :" ,Y; ?r? f?.:c_ t .) " t? MAY E 320016'' RAPHELLE MAZUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW TIMOTHY MAZUR, : NO. 07-2088 Defendant : IN CUSTODY COURT ORDER AND NOW, this ?I day of ?? 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Raphelle Mazur, and the father, Timothy Mazur, shall enjoy shared legal custody of Caylynn I. Mazur, born September 13, 2002 and Cody A. Mazur, born May 12, 2006. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: a. From Friday, May 25, 2007 until Friday, June 1, 2007. Father shall exercise this custody at his parent's home in Erie. Mother shall transport the children to Erie and also pick them up to return the children, unless agreed otherwise by the parties. The children shall sleep at their paternal grandparent's home during this time of temporary custody and the paternal grandparents shall be present at least during the evening. b. At such other times as agreed upon by the parties. For this provision, it is understood that father is in the military and will be relocating to Colorado and ultimately deployed overseas. Father shall give mother as much notice as possible as to when he will be available to exercise temporary custody, and mother shall attempt to accommodate father's availability in arranging periods of temporary custody. 4. Both parties shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. 5. In the event that there are any issues that arise and require immediate attention by the Court, legal counsel for the parties may contact the Custody Conciliator directly to schedule a Conciliation Conference over the telephone. 6. Neither parent will disparage the other parent or alienate the children from the other parent or allow other individuals to do so when the children are in their custody. BY THE COURT, Judge cc: ?Lc ley J. Beam, Esquire Tan Abel, Es uire V AQ 5% r"- 7 ' ` st S; -r± a. F:\FILES\DATAFILE\General\Current\12321\12321.1.mazar Y. nu=l/nlm + Created: 9/20/04 0:06PM Revised: 5/21/07 11:41AM RAPHELLE MAZUR, Plaintiff V TIMOTHY MAZUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - LAW NO. 07-2088 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child/children who are the subject of this litigation is as follows: Caylynn I. Mazur, born September 13, 2002; and Cody A. Mazur, born May 12, 2006 2. A Conciliation Conference was held on May 18, 2007, with the following individuals in attendance: The mother, Raphelle Mazur, with her counsel, Lesley J. Beam, Esquire, and the father, Timothy Mazur, with his counsel, Susan Abel, Esquire. 3. Based upon the recommendation of the Conciliator, the parties are willing to agree to a temporary Order in the form as attached. Date: ,,Oa I V or?7 Hubert X. Gilroy squire Custody Concili or MAY 0 9 2008 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(ftopelaw.com RAPHELLE MAZUR, Plaintiff, vs. TIMOTHY MAZUR, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2088 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW ECONOMIC CLAIMS RAISED IN COMPLAINT TO THE PROTHONOTARY: Please enter the Plaintiffs voluntary withdrawal of said party's economic claims raised in the Divorce Complaint, specifically Count IV - Equitable Distribution, Count V - Alimony, and Count VI - Alimony Pendente Lite and Spousal Support filed on April 13, 2007. Respectfully Submitted, & ASSOCIATES Date: 01 JJBeam, Esq. rr: „e r7 :. CD KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(akopelaw.com RAPHELLE MAZUR, Plaintiff, vs. TIMOTHY MAZUR, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2088 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on April 13, 2007. 2. The complaint was served by certified mail signed for by Defendant Timothy Mazur on April 20, 2007. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that talse statements herein are m; § 4904, relating to unsworn falsification to auth Date: q P L KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearn &-kopelaw.conn RAPHELLE MAZUR, Plaintiff, vs. TIMOTHY MAZUR, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2088 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE 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 in 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. § 4904, relating to unsworn falsification to authoritb Date: Ma ?l _ZU KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearn0koaelaw.com RAPHELLE MAZUR, Plaintiff, vs. TIMOTHY MAZUR, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2088 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on April 13, 2007. 2. The complaint was served by certified mail signed for by Defendant Timothy Mazur on April 20, 2007. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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 authorities. Date: do ap Ile Mazur r ?a W - i•; KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamCftpelaw com Attorney for Plaintiff RAPHELLE MAZUR, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007-2088 TIMOTHY MAZUR, CIVIL ACTION - LAW Defendant. IN DIVORCE WAIVER OF NOTICE 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 in 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. 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. § 4904 relating to unsworn falsification to authorities. Date: 5?? I ;ZODg Raphelle Mazur ??? r?s t;' ? '4l ??.' -,? i_s", ?r r s _„? ,_ ... { ? ?_ ---^, r - ? [? G?:: RAPHELLE MAZUR IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION TIMOTHY MAZUR : NO. 2007-2088 CIVIL TERM 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 3301 (c) 3. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Complaint was served by certif #60 mail signed for by Defendant on April 20, 2007. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff. 5/ 21 / 2 0 0 8 ; by defendant 5/7/2008 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: Economic claims were withdrawn on May 8, 2008. 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: b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: 5/23/2008 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the prothonotary: 5/16/2008 00 n --7 1 / ? a/ o v for Plaintiff/Defendant W ' 0000 000000000 0000000003000000000000000 000000000000000000000000000000 004000 ©© 0 0 O 0 IN THE COURT OF COMMON PLEAS O O o OF CUMBERLAND COUNTY 0 0 0 O 0 0 STATE OF "'''.'`'` PEN NA. o 0 0 0 o v N o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 o 0 0 0 0 0 O o 0 0 o 0 o 0 0 0 0 0 DECREE IN O O 0 DIVORCE o 0 0 0 o © 0 AND NOW, 7Qne, , 704?), IT IS ORDERED AND o 0 3 O 0 o DECREED THAT RAPHELLE MAZUR , PLAINTIFF, o 0 0 0 0 o TIMOTHY MAZUR 0 o AND , DEFENDANT, o o 0 o 0 o 0 o ARE DIVORCED FROM THE BONDS OF MATRIMONY. o 0 0 0 0 o THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE o 0 0 o BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT o o YET BEEN ENTERED; o o 0 0 o O 0 0 O o 0 0 0 0 o 0 o �'" = o o �?'� 0 o 0 o o 0 0 0 0 o 0 o o 0 0 0 0 o J. o o f o O _ o o o O 0 0 0 0 % 0000000000000000000000000000000000 0000000000000000000000000000 000000000000000 RAPHELLE MAZUR VERSUS TIMOTHY MAZUR No. 2007 -2088 NONE BY THE COURT: \\\\\ ATTEST: PROTHONOTARY