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HomeMy WebLinkAbout07-3498KRISTEN M. SAPHORE, Plaintiff VS. SHAWN M. SAPHORE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. Q 3 t(q Civil Term ACTION 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 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 C i c f-TI O KRISTEN M. SAPHORE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07 - 3498 Civil Term SHAWN M. SAPHORE, ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this June 23, 2007, I, Jane Adams, Esquire, hereby certify that on June 21, 2007, a certified true copy of the NOTICE TO DEFEND AND DIVORCE COMPLAINT was served upon the Defendant, via certified mail, restricted delivery, return receipt requested at the following address: Shawn M. Saphore vtwxiqkliluft? 271 N. Locust Point Rd. New Kingston, Pa. 17072 0 Complete items 2, and 3. Also complete item 4 If Restricted Delivery is desired. nature ¦ Print your name and address on the reverse DEFENDANT so that we can return the card to you. BX. ?„ed by ?. Name) ¦ Attach this card to the back of the mailpiece, it if ? 4 /t,{ V'r- s. space perm or on the front Ddiffrent b'o?r1 1. Article Addressed to: ES, enter delivery addre" SHAWN 4-SAP.30RE 2-71 'i LOCUST PT PO BOX 37 NE'TR KINGSTON PA RD Agent C. Date of Delivery AP 17 0 7 2 3. servioe Type ?`.?.?...% F'.'CerWW MeN ? Bvess Mail jM Registered 0 Return Receipt for Mwdwdlee (3 kw w mail 0 C.O.D. 4, 111 1r1a I D*wrj? Xkbn Fes) lies 2. A*eNumber 7007 0220 0002 2522 2281 (lhi ww from service Pawl PS Form 3811, February 2004 Domestic Return Aecelat. 102586-024A-i W Respectfully Subrpitted: J e Adams, Esquire .D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF L' MM t ?m cn w KRISTEN M. SAPHORE, Plaintiff vs. SHAWN M. SAPHORE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 3498 Civil Term ACTION IN DIVORCE CUSTODY COMPLAINT 1. Plaintiff is Kristen M. Saphore, who currently resides at 518 West Simpson Street., Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Shawn M. Saphore, who currently resides at 271 N. Locust Point Road, New Kingstown, Pennsylvania, 17072. 3. Plaintiff is the Mother of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Hailey Mae Saphore 11/12/01 (5) 518 W. Simpson St. Mechanicsburg, Pa. 17055 Mother and Father married on October 23, 2001. A divorce is pending under the above- captioned docket number. Mother currently has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Kristen M. Saphore Shawn M. Saphore Kristen M. Saphore Shawn M. Saphore 6903 Salem Park Circle Mechanicsburg, Pa. 17055 24 S. Seasons Drive Dillsburg, Pa. 17019 2001 -2004 2004 - Feb. 2006 Kristen M. Saphore 490 Peakview Road Feb. 2006 - Aug. 2006 and maternal grandparents York Springs, Pa. 17372 Kristen M. Saphore 271 N. Locust Point Rd. Aug. 2006 - Mar. 2007 Shawn M. Saphore New Kingstown, Pa. 17072 Kristen M. Saphore Emma Marie Saphore (Child) 518 W. Simpson St. Mechanicsburg, Pa. 17055 March 2007 - June 2007 Kristen M. Saphore Christopher Coviello (Boyfriend) Emma Marie Saphore (Child) 518 W. Simpson St. Mechanicsburg, Pa. 17055. June 2007 - present. The mother of the child is Kristen M. Saphore. She currently resides at 518 W. Simpson St., Mechanicsburg, Cumberland County, Pennsylvania. She is married to Shawn M. Saphore. The father the child is Shawn M. Saphore. He currently resides at 271 N. Locust Point Road, New Kingstown, Pennsylvania, 17072. He is married to Kristen Saphore. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the child, her boyfriend, Christopher Coviello, and their child, Emma Marie Saphore (d.o.b. 12/14/06). 5. The relationship of defendant to the child is that of Father. The defendant currently lives alone. 6. 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 party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated in February 2006, and a divorce was filed under the above-captioned docket number on June 14, 2007. Mother has maintained primary physical custody of the child. Mother is requesting a custody order which would confirm that she has primaa physical custody, would provide for shared legal custody, and periods of partial customs for Father as the parties agree. Mother believes that such an order would be in the best interest of the child because it would provide stability for the child. 8. 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 to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Respectfully submitted, Date: f 0 ` / ' ? / ie Adams, Esquire . No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody 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: 9 - Z-c - 0 `--) R Kristen M. Saphore, Petitioner r^J ?-- c:_? -1'1 __. d r°? -"t tl ... ?.: ? v `? r ?? ?? KRISTEN M. SAPHORE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHAWN M. SAPHORE DEFENDANT 2007-3498 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, October 05, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 01, 2007 at 9:30 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 pennanent 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/ ac ueline M. Verne Es q. 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 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 L6, All I Pj: f 1 +J f KRISTEN M. SAPHORE, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 3498 Civil Term SHAWN M. SAPHORE, : ACTION IN DIVORCE Defendant STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this I St day of , 2007, by and between Kristen M. Saphore, (Hereinafter referred to as "Mother"), of Mechanicsburg, Cumberland County, Pennsylvania, Pennsylvania, and Shawn M. Saphore, (Hereinafter referred to as "Father"), of New Kingstown, Pennsylvania, Cumberland County, Pennsylvania; I WHEREAS, Mother and Father are the natural parents of one child, namely, Hailey Mae Saphore, born November 12, 2001; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a ceitain period of time. Father shall have liberal periods of partial custody with the child as mptually agreed by the parties. a. Father shall have a period of partial custody with the child every week from Saturday through Tuesday morninft, or, if his work schedule changes, during the three day period each week which coincides with his days off. b. Father shall be entitled to an additional block of time with the child on all major holidays, including Easter, Thanksgiving, and Christmas, and other holidays, as the parties mutually agree. c. In the event that the parties cannot mutually agree otherwise, then the parties shall follow the following schedule, which shall supercede the regular schedule: i. Easter. In even years, Mother shall have the child from 6 p.m. the evening before the holiday through 6 p.m. on Easter; on odd years, Father shall have the child from 6 p.m. the evening before the holiday through 6 p.m. on Easter. 10 ii. Thanksgiving. On even years, Mother shall have the child from 6 p.m. the evening before Thanksgiving day through 3 p.m. on Thanksgiving and Father shall have the child from 3 p.m. on Thanksgiving through 6 p.m. the day after Thanksgiving. On odd years, Father shall have the child from 6 p.m. the evening before Thalksgiving day through 3 p.m. on Thanksgiving and Mother shall have the child from 3 p.m. on Thanksgiving through 6 p.m. the day after Thanksgiving. iii. Christmas. On even years, Father shall have the child from 9 a.m. on Christmas Eve to 3 p.m. on Christmas and Mother shall have the child from 3 p.m. on Christmas through 3 p.m on December 26tH. On odd years, Mother shall have the child from 9 a.m. on Christmas Eve to 3 p.m. on Christmas and Father shall have the child from 3 p.m. on Christmas through 3 p.m on December 26tH iv. Mother's Day and Father's Day. Mother shall always have the child on Mother's Day from 6 p.m. the evening before the holiday through 6 p.m on the holiday. Father shall always have the child on Father's Day from 6 p.m. the evening before the holiday through 6 p.m. on the day of the holiday. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent unless otherwise agreed. At all times, all children shall be secured in appropriate passenger restraints. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered, The welfare and convenience of the child shall be the prime consideration of the Oarties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral pr otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prio' r agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Witness . L,: a --z~s . n t ... yam. °'f - .? [ r ? DD NOV 0 2 2007 01 KRISTEN M. SAPHORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-3498 CIVIL ACTION - LAW SHAWN M. SAPHORE, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 2°d day of November, 2007, the parties having reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq line M. ?VemEsquire, Custod onciliator E3 0 k 1d A.0LOR -ILL JO ATM;;! ,_1l tj Nov 0 62007 r'-j KRISTEN M. SAPHORE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07 - 3498 Civil Term SHAWN M. SAPHORE, ACTION IN DIVORCE Defendant ORDER AND NOW, this 1( [, day of k) °v , 2007, having reviewed the attached agreement between the parties dated November 1, 2007, it is hereby ORDERED and DECREED as follows: 1. Kristen M. Saphore and Shawn M. Saphore shall have shared legal custody of their child, Hailey Mae Saphore. 2. Kristen M. Saphore shall have primary physical custody of the child and Shawn M. Saphore shall have periods of partial physical custody with the child as the parties mutually agree. 3. The parties' agreement, dated November 1, 2007, shall be entered as an Order of Court. cc: kJane Adams, Esquire, for mother Xhawn M. Saphore, father A 4 VINVAl N d AINnoo (INAVIIJ3€ Za :Z Wd E I AGN LOOZ A8V1.HI3HI dQ KRISTEN M. SAPHORE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07 - 3498 Civil Term SHAWN M. SAPHORE, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on June 14, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. ?-' i--? Q Date: x(,13 - Shawn M. Saphore, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. 1 consent to 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 nd that false statements herein are made subject to the penalties of a.C.S. § 4 r i sification to authorities. ?%? Date: - 3 " 0-) ?---- Shawn M. Saphore, c e•a o cn. o, LP) ILA "?` KRISTEN M. SAPHORE, Plaintiff vs. SHAWN M. SAPHORE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 3498 Civil Term ACTION IN DIVORCE AFFIDAVIT OF CONSENT 2007. 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on June 14, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 1 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: /2/-2,)7 Kristen M. Saphore, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. 1 consent to 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. §4904 relating to unsworn falsification to authorities. Date: l Z 7 d' Kristen M. Saphore, Plaintiff t; ?. tr7? . _ r ,. ® ?I'z- F... -:-t L.,M, KRISTEN M. SAPHORE, Plaintiff vs. SHAWN M. SAPHORE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 3498 Civil Term ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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 the service of the Complaint: Certified mail, restricted delivery, return receipt requested, served June 21, 2007. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: December 7, 2007 By Defendant: November 13, 2007 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 16, 2007 Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 10, 2007. Date: /a//a/' '-) Respectfully Submitted: 6 3n Adams, Esquire I. D V No. 79465 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff C7 rs CZ) f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Kristen M. Saphore, Plaintiff No. 07 - 3498 Civil Term No. VERSUS Shawn M. Saphore, Defendant DECREE IN DIVORCE AND NOW, I,)C_.Ce? c; 6 d Z60r , IT IS ORDERED AND Kristen M. Saphore DECREED THAT Shawn M. Saphore AND 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: ATT7T: J. 112.. . PROTHONOTARY ? y? r A4P 46 1