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Home My WebLink About07-6208i BRETT DAVIS, Plaintiff, VS. JUSTIN DAVIS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. a'j - (o21a$ ?ivi t Term CIVIL ACTION - LAW IN DIVORCE N O T I C E 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 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 INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com BRETT DAVIS, Plaintiff, vs. JUSTIN DAVIS, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE AND CUSTODY AND NOW comes the above-named Plaintiff, BRETT DAVIS, by and through her attorney, LESLEY J. BEAM, ESQUIRE, and makes the following Complaint in Divorce and Custody: 1. The Plaintiff is BRETT DAVIS, an adult individual who currently resides at 64 Brittany Lane, Dillsburg, York County, Pennsylvania 17019. All legal papers may be served on Plaintiff through her counsel at 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011. 2. The Defendant is JUSTIN DAVIS, an adult individual who currently resides at 69 Fairview Street, Carlisle, Cumberland County, Pennsylvania 17015 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. ti 4. The Plaintiff and Defendant were married on April 17, 2004, in Mechanicsburg, Cumberland County, Pennsylvania. 5. The Parties separated on or about February 3, 2007 when Defendant moved out of the marital residence. 6. Neither Plaintiff nor Defendant has been in 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. 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. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER § 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 § 3301(c) of the Divorce Code. 2of10 COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER § 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 § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(d) of the Divorce Code. f'`f%l IAIT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER § 3502(a) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to § 3502(a) of the Divorce Code. 16. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 3of10 17. 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 § 3502(a) of the Divorce Code. COUNT IV REQUEST FOR CONFIRMATION OF CUSTODY UNDER 0- 3104(a)(2) AND 3323(b) OF THE DIVORCE CODE 18. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 19. The parties are the parents of the following unemancipated children who reside with Plaintiff primarily, and Defendant on a shared de facto custody basis: NAME AGE SEX D.O.B. Kayla Davis 5 years old Female 9/12/2002 Ace Davis 2 years old Male 1/14/2005 20. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Brett Davis 64 Brittany Lane February 2007 - Present Dillsburg, PA 17019 Brett Davis 64 Brittany Lane Birth - February 2007 Justin Davis Dillsburg, PA 17019 4of10 21. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or another court. 22. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 23. Plaintiff does not know of a 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. 19. The best interests and permanent welfare of the children will be served by granting the requested relief. WHEREFORE, Plaintiff respectfully requests that pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order awarding Plaintiff shared legal custody and primary physical custody of the children. r-nl INT V ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 1. Paragraphs one through twenty-two are hereby incorporated by reference herein as through fully set forth. 2. By reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 3. Defendant's income is disproportionately higher than Plaintiff's income, and Plaintiff is without adequate income to pay the costs and expenses of this litigation, 5of10 and is, likewise, without adequate income to maintain herself during the pendency of the litigation. WHEREFORE, Plaintiff respectfully requests that the Court grant an order upon Defendant compelling Defendant to pay Plaintiff alimony pendente lite, counsel fees and/or costs of litigation. Date: -04167 /' I Respectfully Submitted, KOPE & ASSOCIATES L s ey J sq. 6of10 VERIFICATION I, Brett Davis, 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 unsworn falsifications to authorities. Dated: tO 1 0 -7 Brett Davis ? d ( pi . o W ? ..z 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(&-kopelaw.com Attorney for Plaintiff BRETT DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. l92- La oP (? v•"1 /?rn1 JUSTIN DAVIS, CIVIL ACTION - LAW Defendant. IN CUSTODY CUSTODY COMPLAINT AND NOW comes the above-named Plaintiff, BRETT DAVIS, by and through her attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Custody: 1. The Plaintiff is BRETT DAVIS, an adult individual who currently resides at 64 Brittany Lane, Dillsburg, York County, Pennsylvania 17019. All legal papers may be served on Plaintiff through her counsel at 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011. 2. The Defendant is JUSTIN DAVIS, an adult individual who currently resides at 69 Fairview Street, Carlisle, Cumberland County, Pennsylvania 17015. 3. Plaintiff seeks shared legal custody and primary physical custody of the following children: NAME PRESENT RESIDENCE AGE Kayla Davis 64 Brittany Lane 5 years Dillsburg, PA 17019 D.O.B. 9/12/2002 Ace Davis 64 Brittany Lane 2 years Dillsburg, PA 17019 D.O.B. 1/14/2005 4. Kayla Davis and Ace Davis (hereinafter the "children") were born out of wedlock, and in wedlock, respectively. 5. The children are presently residing primarily with the Plaintiff, although Defendant exercises custodial time with the children equaling almost 50% of their time. 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Brett Davis 64 Brittany Lane February 2007 - Present Dillsburg, PA 17019 Brett Davis 64 Brittany Lane Birth - February 2007 Justin Davis Dillsburg, PA 17019 7. The mother of the children is Brett Davis, currently residing at 64 Brittany Lane, Dillsburg, York County, Pennsylvania. She is married but separated. 8. The father of the children is Justin Davis, currently residing at 69 Fairview Street, Carlisle, Cumberland County, Pennsylvania. He is married but separated. 9. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides only with the children. 10. The relationship of Defendant to the children is that of Father. The Defendant currently resides only with the children. r 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 shared 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 has been the primary caregiver for the children from the time of their birth to the present; (b) Plaintiff has taken on greater role in the children and their activities; (c) Defendant has typically been a less reliable caregiver and custodian for the children; (d) Plaintiff is able to provide a more stable and safe home and emotional environment for the children; and (e) Plaintiff has the facilities to provide for the care, comfort and control of the Child, as well as the intention and desire to do so. 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 award Plaintiff shared legal and primary physical custody of the children. Dated: Q 11 I Respectfully Submitted, KOPE & ASSOCj*TES, LLC By: ey J i VERIFICATION I, Brett Davis, 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 unsworn falsifications to authorities. Dated: Jill r vis 7 of 9 t') c i z C7 4 ^?. Q) Co yam; ? '-? ? < `s s` BRETT DAVIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JUSTIN DAVIS DEFENDANT • 2007-6208 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, October 29, 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, December 07, 2007 at 8:30 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. GRro Es q. Custody Conciliator io, 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 ? p -/?It _V_ /*W? t 1 r 6 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearn0kopelaw.com BRETT DAVIS, Plaintiff, vs. JUSTIN DAVIS, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-6208 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Brett Davis, Plaintiff, and states that service of the Divorce Complaint in this matter was made by Kope and Associates upon Defendant, Justin Davis, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 2510 0007 6450 1622, Return Receipt Requested on October 25, 2007, to his mailing address, at 69 Fairview Street, Carlisle, PA 17013, which mail was received by Defendant on November 21, 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. -/ v , ?.v EY ?EAM, Esq. i for Plaintiff ¦ 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 mailpiece, or on the front if space permits. 1. Article Addressed to: _ttSi trU QAUjS ?r( ?Qt2Vf?J STAe??- A. B. Recel by (printed Nam e) C. Data of Delivery . t,Na., i //-z9/47 D. Is?dsKery address different from item 17 ? Yes if YES, enter delivery address below: ? No NOMW ??-? 1 S e 3. Service Type ? Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Ygs 2: Article Number 7004 2510 0007 6450 1622 (r8ns><er from service ? PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 Postal ru CERTIFIED M AIL - RECEIPT ,Oofnestic Mail Only: . . ra liver d o y e U^E C L a n Postage a ~ Cerdfled Fee C3 Receipt Fee (Errdwee ent Rsqdrso Posonwit Here C3 rl Restricted Delivery Fee (Endorsement Required) ru Total Postage & Fees $ // • v- / C3 C Sam To 3 ?)4urs -- PO eau n&` , p -- -r-- tz? Sf___----------------- dri.-staa, ztw a ,s l e P, l -7C) c ?-- K O P E ASSOCIATES LAW OFFICES LLC Shane B. Kope, Esq. ¦ Jacob M. Jividen, Esq. ¦ Lesley J. Beam, Esq. October 25, 2007 VIA REGULAR AND CERTIFIED MAIL Justin Davis 69 Fairview Street Carlisle, PA 17015 Re: Davis v. Davis No. 2007-6208 (in divorce and custody) Dear Mr. Davis, I represent Brett Davis in the above referenced matter for divorce and custody. Enclosed and served upon you is the. Divorce Complaint and Custody Complaint 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 Acceptance of Service for these Complaints. 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 these Complaints by Sheriff 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. Davis. Thank-you for your kind attention to this matter. Sincerely, Kope 'Associates, LLC r i/9 Lesley J. , ESq. Enclosures Cc: Brett Davis Smart Representation 466o Trindle Road ¦ Suite 201 ¦ Camp Hill, PA 17011 D -. - _c_ -___ - r -- _. . r - , 77-1 r- t J? ?» 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(&-kopelaw.com Attorney for Plaintiff BRETT DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-6208 JUSTIN DAVIS, CIVIL ACTION - LAW Defendant. IN CUSTODY STIPULATION AND NOW, this I th day of , 2007, it is STIPULATED and AGREED by and between the parties, Brett Davis ("Mother"), and Justin Davis ("Father), intending to be legally bound hereby, that an Order regarding the custody and visitation of their minor children Kayla Davis, born September 12, 2002, and Ace Davis, born January 14, 2005, (hereinafter the "Children") shall be entered as follows: 1. Legal Custody: It is the intention of the parties and the parties agree that Mother and Father will have shared legal custody of the Children. The parties agree that major decisions concerning the Children, including, but not limited to, the Children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the Children. Each party agrees not to attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning their Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or any and all other authorities and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. §5309. 2. Primary Physical Custody: Primary physical custody of the Children shall be with the Mother. 3. Partial Physical Custody: a. Prior to September of 2008 and during summers: Prior to when the eldest child begins school in September of 2008 and during summer breaks (defined by the school calendar), Father shall have partial physical custody of the Children in accordance with the following two-week schedule: i. Father shall have custody of the Children from Friday, October 17th, at 4:30 pm, until Monday, October 20th, at 4:30 pm. Mother shall have custody of the Children from Monday, October 20th at 4:30 pm until Wednesday, October 22nd at 4:30 pm. Father shall have custody from Wednesday, October 22nd at 4:30 pm until Friday, October 24th at 4:30 pm. Mother shall have custody from Friday, October 24th at 4:30 pm until Monday, October 27th at 4:30 pm. Father shall have custody from Monday, October 27th at 4:30 pm until Tuesday, October 28th at 4:30 pm. Mother shall have custody from Tuesday, October 28th at 4:30 pm until Friday, October 31St at 4:30 pm. ii. This two-week schedule will continue accordingly. iii. When this schedule (which gives Father greater custodial time) resumes each summer after the eldest child begins school, the schedule will resume with Father's custodial period beginning the first Friday after the last day of school. b. During each school year, beginning September of 2008 and thereafter: When the eldest child begins school and during each school year afterwards (as defined by the school calendar), Father shall have partial physical custody of the Children in accordance with the following schedule: L Father shall have custody of the Children every Wednesday from after school/daycare until 7 pm that evening. Father shall also have custody of the Children every other weekend, from Friday after daycare/school until 5 pm on Sunday. On those Mondays which immediately follow Father's non-custodial weekends, Father shall have custody from after daycare/school until 7 pm that evening. On those days on which the Children are not in daycare/school, Father's period of custody shall begin at 4:30 pm. ii. Father's weekend period of custody, in the absence of agreement between the parties, shall be the second weekend after the first (1S) day of school for either child, and every other weekend thereafter. iii. This schedule will only apply during school years from 2008 and forward. C. Summer: The parties agree that each party will have the right to uninterrupted custodial time with the Children each summer. Such time will be determined only by agreement of the parties. d. Christmas and Thanksgiving: Father and Mother agree that in all years, Mother shall have custody of the Children from 12 noon on December 24 until 12 noon on December 25. In all years, Father shall have custody of the Children from 12 noon on December 25 until 12 noon on December 26. The parties hereby agree that the Thanksgiving holiday shall be split between the parties by agreement. e. Other Holidays: Father and Mother agree to share and/or split custody of the Children on all other holidays, specifically including New Year's Eve and Day, Easter, Memorial Day, Fourth of July, and Labor Day. Custodial time over these holidays will be divided by agreement of the parties. f. Mother's Day and Father's Day: Mother will always have custody of the Children from 8 a.m. until 8 p.m. on Mother's Day. Father will always have custody of the Children from 8 a.m. until 8 p.m. on Father's Day. g. Additional time: Mother and Father may make agreements for additional times of custody, and/or altered times of custody. Should the parties choose to deviate from the custody schedule in their order, by agreement, on occasion or on a regular basis, these agreements shall not modify the regular custody schedule. h. Holiday time: Holiday time shall take priority over regular custodial time; once the Holiday time has ended, the parties shall return to their normal custodial schedule. i. The parties hereby agree that each will be responsible for maintaining a calendar so that the Children will be aware of where they will be on any given day. 4. Transportation: Mother and Father shall share responsibility for the transportation for the Children. In the absence of agreement, the party receiving custody shall pick up the Children from the other party's home or daycare/school, should that be the case. 5. Parents should provide one another with a phone number and address where the Children may be contacted, whenever reasonably possible. This principle applies to situations such as vacations. Each parent should be promptly and politely responsive to the other parent's telephone calls. 6. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 7. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the Children which shall not be excessive. Unless there are exigent circumstances, reasonable telephone contact means no more than one telephone call per day. 8. No Conflict Zone: Each parent agrees not to attempt to alienate the affections of the Children from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their Children and refrain from and, to the extent possible, shall not permit third parties from making such comments in the presence of the Children whether the Children are sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Children to provide reports about the other parent. Communication should always take place directly between parents, without using the Children as an intermediary. 9. The parties agree that this Stipulation shall be submitted to the appropriate Court for entry as an Order. 10. Applicable Laws: Any provision in this Agreement regarding children custody and visitation shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. 11. Modification: The provisions of this Agreement may only be modified by a further order of court or a written agreement between the parties. 12. UCCJEA and PKPA: Should it become necessary for the parties to proceed in any court outside the Commonwealth of Pennsylvania or in any county outside the County of Cumberland to enforce any of the provisions of this Agreement, such enforcement shall be, at Mother's option, in accordance with the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act of Pennsylvania, 23 Pa.C.S.A. §§ 5400-5482 ("UCCJEA.") and the United States Parental Kidnapping Prevention Act, 28 U.S.C.A. § 1738A ("PKPA"). Should it become necessary for the Mother to apply to any court for enforcement of the custody obligations provided for in this Agreement, the Father hereby consents to the entry of any order required by any court or pursuant to the provisions of UCCJA and PKPA, and he will not oppose an application being brought pursuant to these statutes. KOPE & ASSOCIATES 4660 Trindle Road, Suite 201 Camp Hill, PA 17102 Telpone (717) 7g4-7573 e m,?squire r laintiff Brett Davis 64 Brittany Lane Dilisburg, PA 019 Plaintiff Sworn to or affirmed and acknowledged before me by Justin Davis on 2007 r E, Ea,6c?-, N `tary Public MUM- IM M _ IMWU W gowuaa OrM?IMi COWO Justin Davis 69 Fairview Street Carlisle, PA 17015 Defendant VOW- I'D G7 ?° 3 DEC 0 6 2007 A BRETT DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JUSTIN DAVIS, NO. 2007-6208 Defendant IN CUSTODY COURT ORDER rr 7?l AND NOW, this tL day of December, 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. "? - "--z --K Hubert X. Gilroy, Esquire Custody Conciliator 9? .? d 9- 3.3 a t00Z ElHi .0 ., DEC 121007,rk y BRETT DAVIS, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 0-7- & x"109 JUSTIN DAVIS, CIVIL ACTION - LAW Defendant. : IN CUSTODY ORDER AND NOW, this -- day of 2007, the attached Stipulation signed by the above captioned parties is approved and entered as an Order of the Court. BY THE COURT: VI NVAI) SW-13d 1 £ :01 A 81 330 LOOZ AHVIONO!- 06d 3HI 3a D:00-0311A KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeamAkopelaw.com Attorney for Plaintiff BRETT DAVIS, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007-6208 JUSTIN DAVIS, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on October 23, 2007. 2. The Complaint was served by certified mail signed for by defendant on November 21, 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. Section 4904 relating to unsworn falsification to authorities. Date: ? O 1,2 avis r?°' C„ t ?` . h ?.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 lbeamAkopelaw.com BRETT DAVIS, Plaintiff, vs. JUSTIN DAVIS, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6208 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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. Section 49"04 relating to unsworn falsification to aut hies. -) I'Za) Date: rett Davis ?L, rill 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 BRETT DAVIS, Plaintiff, vs. JUSTIN DAVIS, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-6208 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW ECONOMIC CLAIMS RAISED IN COMPLAINT TO THE PROTHONOTARY: Please enter the Plaintiff's voluntary withdrawal of said party's economic claims raised in the Divorce Complaint, specifically Count III - Equitable Distribution and Count V - Alimony Pendente Lite, Counsel Fees and Costs, filed on October 23, 2007. Respectfully Submitted, Date: - J /o ? KOPE VASSOCIATES Esq. r? ?`? -rf ?? ? ?-` t .?" Y?? ?`? 'rs+ ?? ?7 ..? ??? c? KOPE & ASSOCIATES, LLC LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeam@kopelaw.com BRETT DAVIS, Plaintiff, VS. JUSTIN DAVIS, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6208 CIVIL ACTION - LAW IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on February 3, 2007, when Defendant moved out of the marital residence, and the parties have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. oz /(J Date: Brett Davis RECEIVED F FB 1-j 2009 ?y r vl r ! y IN THE COURT OF COMMON PLEAS BRETT DAVIS ; CUMBERLAND COUNTY, PENNSYLVANIA vs. . CIVIL DIVISION JUSTIN DAVIS NO. 2007-6208 CIVIL TERM PRAECIPE TO TRANSNQT RECORD 1. Ground for divorce: # k3 "X 3301 (d) (1) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Defendant signed certified mail on November,21, 2007. 3. 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 ; by defendant b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: February 23, 2009 (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Filing: March 2, 2009 Served: February 25, 200? 4. Related claims pending: None 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: Mailed February 25, 2009 b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: Prothonotary: Shane R Kope, Esq. ¦ Jacob M. fividen, Esq. ¦ Lesley J. Beam, Esq. (70) ? W, K O P E ASSOCIATES LAW OFFICES LLC February 25, 2009 Justin Davis 69 Fairview Street Carlisle, PA 17015 Re: Davis v. Davis No. 2007-6208 Dear Mr. Davis, Enclosed please find an Affidavit under § 3301(d) of the Divorce Code and a Notice of Intention to Request Entry of § 3301(d) Divorce Decree. This Affidavit will be filed with the Court. The two (2) year waiting period for a § 3301(d) Divorce has expired and a Divorce Decree will be requested. Thank you for your attention to this matter. Sincerely, KOPE & ASSOCIATES, LLC 1 e We ert aralegal Enclosures Smart Representation 466o Trindle Road ¦ Suite 201 ¦ Camp Hill, PA 17011 P 717.761.7573 ¦ F 717.761.7572 ¦ kopelaw.com LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com BRETT DAVIS, Plaintiff, vs. JUSTIN DAVIS, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-6208 : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: JUSTIN DAVIS Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after March 20, 2009, the other party 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. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. 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. The filing of the form counter-affidavit alone does not protect your economic claims. 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 INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 BRETT DAVIS, Plaintiff, VS. JUSTIN DAVIS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6208 CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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: Justin Davis NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. ?? i-'9 /? ` ! I[-? ' _ f ? ?? wa:.? .J ?,? ` t -. ?? ? i - __ ?^`? ?? .. --x- .? -...F', ?i..? BRETT DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JUSTIN DAVIS, Defendant NO. 07-6208 CIVIL TERM ORDER OF COURT AND NOW, this 31" day of March, 2009, upon consideration of Plaintiff's Praecipe To Transmit Record, and it appearing that Plaintiff's notice of intent and affidavit under Section 3301(d) of the Divorce Code were served simultaneously, in contravention of the holding in Burdick v. Burdick, 41 Cumberland L.J. 64 (1991) (Bayley, J.), a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and file a new praecipe to transmit. esley J. Beam, Esq. 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Attorney for Plaintiff :rc -A BY THE COURT, Al.Nnf' t o: I l wv €- Says boon BRETT DAVIS V. JUSTIN DAVIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-6208 DIVORCE DECREE AND NOW, Lo , it is ordered and decreed that BRETT DAVIS , plaintiff, and JUSTIN DAVIS , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By the Court, A st: L " J. onotary 44P' .411 r w