HomeMy WebLinkAbout03-5867SUSAN E. CAIN,
Plaintiff
VS.
FARON W. CAIN,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
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 inoney 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 Cumberland County Court House, One Courthouse Square, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
SUSAN E. CAIN, :
Plaintiff :
VS. :
FARON W. CAIN, :
Defendant :
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
NO.
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas
expuestas en las pgginas siguientes, debe tomar acci6n con prontitud. Se le avisa que si no se defiende,
el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra pot
la Corte. Una decisi6n puede tambi6n set emitida en su contra pot cualquier otra queja o compensaci6n
reclamados por el demandant. Usted puede perder dinero, o propiedades u otros derechos importantes
para usted.
Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio,
usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esth disponible en la
oficina del Prothonotry, en la Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania.
SI USTED NO RECLAMA PENSION ALIMENTIC1A, PROPIEDAD MARITAL
HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE
DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A
RECLAMAR CUALQU1ERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE
O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFIC1NA IND1CADA ABA JO
PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
SUSAN E. CAIN,
VS.
FARON W. CAIN,
: IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PA.
NO.
:
: CIVIL ACTION - LAW
Defendant : IN DIVORCE AND CUSTODY
COMPLAINT UNDER SECTION 3301(C~ OF THE DIVORCE CODE
COUNT I
Plaintiff, Susan E. Cain, by her attorney, Jane M. Alex~t~der, Esquire, and files this Complaint upon a
cause of action of which the following is a statement.
1. Plaintiff is Susan E. Cain, 28 years of age, who currently resides at 115 E. Maplewood
Avenue, Mechanicsburg, Mechanicsburg Borough, Cumberland County, Pennsylvania, 17055.
2. Defendant is Faron W. Cain, 31 years of age, who currently resides at 115 East Maplewood
Avenue, Mechanicsburg, Mechanicsburg Borough, Cumberland County, Pennsylvania, 17055.
3. Plalntiff and Defendant have both resided in the Commonwealth of Pennsylvania for at least
six (6) months prior to the filing of the Complaint in Divorce.
4. The Plaintiff and Defendant were married on October 25, 1997 in Mechanicsburg,
Pennsylvania by a Minister.
5. There were two (2) children born between the parties; Justin Harrison Cain, age 6, born May
20, 1997 and Nicholas Victor Cain, age 4, born February 22, 1999.
6. There were no prior actions in divorce or annuhnent commenced by the parties.
7. The parties have not entered into a written agreement as to alimony, counsel fees, cost and
property divisiou.
8. The Plaintiffhas been advised of the availability of counseling and that the Plaintiff may
have the right to request that the Court require the parties to participate in counseling.
9. The marriage is irretrievably broken.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce fi'om
the bonds of matrimony.
COUNTY II
COMPLIANT FOR CUSTODY
10. The Plaintiff seeks primary physical and joint legal custody of the following children,
Justin Harrison Cain, age 6, born May 20, 1997 and Nicholas Victor Cain, age 4, born February 22,
1999.
11. The first child, Justin, was born prior to this marriage and the second child, Nicholas, was
born during this marriage.
12. The children are presently in the custody of both Plaintiff and Defendant.
13. The children have resided with the Plaintiff and Defendant from date of birth to present at
115 Maplewood Avenue, Mechanicsburg, PA 17055.
14. The relationship of the Plaintiff to the children is that of natural mother.
15. The relationship of the Defendant to the children is that of natural father.
16. The Plaintiff has not participated as a party or as a witness, or in any other capacity, in
other litigation concerning the custody of these children in this or any other Court.
17. The Plaintiff has no information ora custody proceeding concerning the children pending
in any other court within this Commonwealth.
18. The Plaintiff knows of no other persons, not a party to these proceedings, who has
visitation or custody rights with respect to the children.
19. The best interest and permanent welfare of the children will be served by granting the
Plaintiff primary physical custody and joint legal custody because the Plaintiff is and has been primary
caretaker of both children and able to provide the children with a good environment and proper care.
WHEREFORE, the Plaintiff requests your Honorable Court to grant her primary physical
custody of the subject children with reasonable rights of visitation to the Defendant and that he shall
not remove the children from the jurisdiction of the Pennsylvania Courts.
~/148 S~ Baltimore Street
Dillsburg, PA 17019
(717) 432-4514
Verification
I verify that the statements made in this Complaint in Divorce 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 au~orities.
Date: ~)/)~)~t/ .~i ~G3'~ ~ ~'~
Su~an E Cain
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
S.S
Before me, the undersigned officer, a Notary Public, in and for the said
Commonwealth and County, Personally appeared Susan E. Cain, who, being affirmed
according to law, deposes and says that the facts and matters set forth in the foregoing
Complaint are true and correct to the best of her k~ledge, information and belief.
Sworn to and subscribed before
me this _3 ~ day of
i// ' Notary Public ~
Notarial Seal
Halyard E. Alexander, Notary Public
Dillsbarg Boro, York County
My Commission Expires Apr. 23, 2005
Member, Pennsylvania Association ot Notades
SUSAN E. CAIN,
Plaintiff
VS.
FARON W. CAIN,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you by the Court. A
Judgment may also be entered against you for any other claim or relief requested in these papers by the
Plaintiff; You may lose money or property or other rights important to you, including custody or
visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the office of the
Prothonotary at the Cumberland County Court House, One Com'thouse Square, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 240-3166
SUSAN E. CAIN, :
Plaintiff :
FARON W. CAIN, :
Defendant :
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
NO.
CIVIL ACTION ~ LAW
IN DIVORCE AND CUSTODY
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas
expnestas en las p~iginas siguientes, deb¢ tomar acci6n con prontitud, Se le avisa que si no se defiende,
el caso pucde proceder sin usted y decreto de divorcio o anulamiento puede set emitido en su contra pot
la Corte. Una decisi6n puede tambi6n ser emitida en su contra pot cualquier otra queja o compensaci6n
reclamados pot el demandant. Usted puede perdcr dinero, o propiedades a otros derecbos importantes
para usted.
Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio,
usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales estti disponible en la
oficina del Prothonot~Lv, en la Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL
HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE
DIVORCIO O ANULAMIENTO SEA EM1TIDO, USTED PUEDE PERDER EL DERECHO A
RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE
O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO
PARA AVERIGUAR DONDE PUEDE OBTENER AS1STENC1A LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
SUSAN E. CAIN,
YS.
FARON W. CAIN,
Plaintiff :
Defendant :
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
NO.
CIVIL ACTION- LAW
IN DIVORCE AND CUSTODY
COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE
COUNT I
AND NOW, this ~:~day of ,~~003, comes the
Plaintift; Susan E. Cain, by her attorney, Jane M. Alexan/der, Esquire, and files this Complaint upon a
cause of action of which the following is a statement.
I. Plaintiff is Susan E. Cain, 28 years of age, who currently resides at 115 E. Maplewood
Avenue, Mechanicsburg, Mechanicsburg Borough, Cumberland County, Pennsylvania, 17055.
2. Defendant is Faron W. Cain, 3 } years of age, who currently resides at 115 East Maplewood
Avenue, Mechanicsburg, Mechanicsburg Borough, Cumberland County, Pennsylvania, 17055.
3. Plaintiff and Defendant have both resided in the Commonwealth of Pennsylvania for at least
six (6) months prior to the filing of the Complaint in Divorce.
4. The Plaintiff and Defendant were married on October 25~ 1997 in Mechanicsburg,
Pemsylvania by a M n stet
5. There were two (2) children born between the parties; Justin Harrison Cain, age 6, born May
20, 1997 and Nicholas Victor Ca n. age 4, born February 22, 1999.
6. ]'here were no prior actions in divorce or annulment commenced by the parties.
7. The parties have not entered into a written agreement as to alimony, counsel fees, cost and
property division.
8. The Plaintiffhas been advised of the availability of counseling and that the Plaintiff may
have the right to request that the Court require the parties to participate in counseling,
9. The marriage is irretrievably broken.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from
the bonds of matrimony.
COUNTY 1I
COMPLIANT FOR CUSTODY
10. Tire Plaintiffseeks primary physical and joint legal custody of the following children,
,lostin Harrison Cain, age 6, born May 20~ 1997 and Nicholas Victor Cain, age 4, bom February 22,
[ 999.
I 1. The first child, Justin, was born prior to this marriage and the second child, Nicholas, was
bom during this marriage.
12. The children are presently in tile custody of both Plaintiffand Defendant.
13. The children have resided with the Plaintiffand Defendant from date of birth to present at
Il5 Mapiewood Avenue, Mechanicsburg, PA 17055.
14. The relationship of the Plaintiffto the children is that of natural mother,
15, Tile relationship of the Defendant to the children is that of natural father.
16. The Plaintiff has uot participated as a party or as a wimess~ or in any otber capacity~ in
other litigation concerning the custody of these children in this or any other Court.
17, The Plaintiff has no information ufa custody proceeding concerning the children pending
in any other court within this Commonwealth.
18, The Plaintiffknows of no other persons, not a party to these proceedings, who has
visitation or custody rights with respect to the children.
19. The best interest and permanent welfare of the children will be served by granting the
Plaintiff primary, physical custody and joint legal custody because the Plaintiff is and has been primary
caretaker of both children and able to provide the children with a good environment and proper care.
WHEREFORE, the Plaintiffrequests your Honorable Court to grant her primary physical
custody of the subject children with reasonable rights of visitation to the Defendant and that he shall
not remove the children 1?om the jurisdiction of the Pennsylvania Courts.
R4~pectfully Submitted,
/ /~ttomey for th~ Plaintiff
[ /148 S. Baltimore Street
\..~/DillsburgCPA 17019
(717) 432-4514
Yerification
I verify that the statements made in this Complaint in Divorce 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.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
S.S
Before me, the undersigned officer, a Notary Public, in and for the said
Con~nonwealth and County, Personally appeared Susan E. Cain, who, being affirmed
according to law, deposes and says that the facts and matters set forth in the foregoing
Complaint are true and correct to the best of her ~a~owledge, information and belief.
JSfisan E. Cain
Sworn to and subscribed before
me this .g ~ day of
~&g~,a~'~:-~ ,2003
Notarial Seal
Elalvard E. Alexander. Notary Public
Dillsburg Bom, York County
My Commission Expires Apr. 23. 2005
Member, gergs~lvania Assoc~n of Not~ne~
SUSAN E. CAIN :
PLAINTIFF :
FARON W. CAIN
:
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-5867 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, November 14, 2003 _, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, December 10, 2003 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/
.[acqueline M. Vern~. Esq.
Custody Conciliator
7he 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
}lAVE 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
SUSAN E. CAIN,
VS.
FARON W. CAIN,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
:
: NO. 03-5867 CIVIL
:
: C1VIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this /~/~'day of ~.~_,~_~~. 2003/personally
appeared Jane M. Alexander, Esquire who swea~ according to law, that a true and correct copy
ora COMPLAINT IN DIVORCE was caused to be served by certified mail with return receipt
requested upon the said,
Faron W. Cain
115 East Maplewood Avenue
Mechanicsburg, PA 17055
on November 8.2003 by leaving the same at the Dillsburg Post Office xvith postage pre-paid
thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part
hereof.
torney I.D. #0 55
(/ ~4~ S. Baltimor~e7~Sireet
"--/Dillsburg, PA 17019-0421
(717) 432-4514
Sworn and subscribed before
me this /..? ~ day of
. /c./t:r~-',~3~ ,2003.
Notarial Seal
Halyard E. Alexander, Notary Pllbli¢
Dillsburg Boro. York
My Commission Expires Apr, 23, 2005
Member, PennsYlvania g.qaociatlon ot N0ta/f~s
SUSAN E. CAIN,
VS.
FARON W. CAIN,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
: NO. 03-5867 CIVIL
:
: CIVIL ACTION - LAW
: IN DIVORCE
PROOF OF SERVICE
rtl Total Postage & Fees $~' ~
[ .............. ...... .............
· Con~)tete Items 1, 2, and 3. Aiso complete
item 4 if Rsstdcted 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,
(yt on the front if space permits.
Article Addressed to:
A, Received by (P~ase Print Clearly)
C. Signature
[] Addre~eoe
D, Is delivery address different fmm item l? [] Yes
~f YES, enter delivery address below: [] No
3. Service Type
[l~"~ertified Mail [] Express Mail
[] Registered [] Return Receipt for Merchandise
[] Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee) ~yes
2. A~icle Number (Ccpy from service label) : : ; ; ..... ! ' ~--i ~
? PS Form 38.11, July ~999 'Domest c Return ~lpt 1025es-00-M-0952
SUSAN E. CAIN,
Plaintiff
V.
FARON W. CAIN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-5867 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 5th day of December, 2003, being advised that the parties have
reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this
matter.
FOR THE COURT,
mey, Esquire, C~tody Conciliator
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
SUSAN E. CAIN, :
Plaintiff :
:
VS. :
_.
FARON W. CAIN, :
Defendant :
NO. 03-5867
CIVIL ACTION - LAW
IN CUSTODY
AGREEMENT AND STIPULATION OF CUSTODY
This Agreement and stipulation made this '~day of~~,, 2003,
by and between Susan E. Cain of 115 E. Maplewood Avenue, Mechanicsburg, Pennsylvania
17055, (hereinafter referred to as "Mother") and Faron W. Cain of 115 E. Maplewood
Avenue, Mechanicsburg, Pennsylvania 17055, (hereinafter referred to as "Father"), having
reached an agreement to mutually settle and resolve the issues of custody of their two (2)
minor children, Justin Harrison Cain, age 6, bom May 20, 1997 and Nicholas Victor Cain, age
4, born February 22, 1999, as herein after set forth in this agreement desiring to legally
obligate themselves to the terms of said agreement:
WHEREAS, Susan E. Cain is the natural mother of said minor children; and
WHEREAS, Faron W. Cain is the natural father of said minor children; and
WHEREAS, There is no prior order of court or agreement in regard to these children;
and
WHEREAS, Mother has filed a Petition with the Court of Common Pleas of
Cumberland County, Pennsylvania to the above captioned number and term and a conciliation
conference has been scheduled for December 10, 2003 and the parties, having reached an
agreement and are desirous of avoiding further legal proceedings and are desirous of entering
into a Custody stipulation for entry as a Court Order.
Page 1 of 9
NOI'F THEREFORE, it is hereby agreed and stipulated by and between Susan E. Cain
and Faron W. Cain as follows:
1. Legal Custody:
The parties share legal custody of their two (2) minor children, Justin Harrison
Cain, born May 20, 1997, age 6 and Nicholas Victor Cain, bom February 22, 1999, age 4.
Each parent shall participate in the major decisions concerning the moral, physical, emotional,
medical, educational and religious aspects of the children's upbringing. These decisions shall
not be made by either parent unilaterally. The parents agree that all major decisions shall be
made by them jointly, after discussion and consultation with each other, with a view towards
obtaining and following a harmonious policy in the children's best interest. Each parent
agrees to keep the other parent informed of the progress of the children's education and social
adjustments. Each parent agrees not to impair the other parent's right to share legal custody of
the children. Each parent agrees to give support to one another in their role as parents and to
take into account the consensus of the other for the physical and emotional well-being of the
children. The parents agree not to attempt to or to alienate the affections of the children for
the other parent. Each parent shall notify the other of any activity that could reasonably be
expected to be of significant concern to the other parent. The children will not be barred from
contacting the non-custodial parent by telephone.
Either parent may, during that parent's physical custody of the children, make
decisions required by an emergency or sudden illness. Each parent shall immediately
communicate to the other the existence of any medical., legal or educational emergency that
may occur with respect to any children. Each parent shall also have the duty to immediately
contact the other regarding the illness. For purposes of this Order, the word "illness" shall
mean any disability that confines a child to bed under the direction of a licensed physician for
a period in excess of twenty-four (24) hours or any serious injury to a child that would require
emergency room or other immediate treatment of which requires hospitalization. Each parent
shall have equal right and access to visit the child if the child is confined to a medical
Page 2 of 9
institution, consistent with medical advice. Ifa child is. confined to home by reason of illness
lbr a period of more than twenty-four (24) hours, the other parent shall have the opportunity to
visit the child. Educational and legal emergencies shall include those situations where there is
an imminent threat to a child's well-being or any change of the current school or institution.
Each parent shall, as soon as practicable, make full disclosure to the other of the facts and
circumstances pertinent to a child's upbringing and welfare of which that parent was
knowledge or notice. Each shall provide the other with copies or duplicate originals of
records pertaining to the children, including but not limited to:
a. Medical Diagnosis and Treatment;
b. Psychological/Psychiatric Diagnosis and Treatment;
c. Dental and Orthodontic Records;
d. School Records including Schedules of Events;
e. Legal Records
Each parent shall have the right to obtain such records directly from the school,
health care providers or other entity keeping such records without the permission of the other
and without thrther Order of this Court.
2. Primary Physical Custody:
The parties agree that the Mother shall haw,· primary physical custody of both
children with the Father having custody for the purpose of visitation under the following
schedule:
a) Alternate Weekends:
The father shall have rights of partial custody of the children on alternate
weekends beginning with the weekend of Saturday December 13, 2003 from 8:30 A.M.
through Sunday evening at 6:00 P.M.
b) Alternate holidays:
The parties shall have rights of partial custody on alternate holidays throughout
the year. The holidays shall include the Labor Day, Thanksgiving Day, New Year's Day
Page 3 of 9
Memorial Day, and Fourth of July. The Father's next l~oliday shall be New Year's Day 2004,
and the Mother's next holiday shall be Memorial Day 2004. The parties shall alternate
custody on holidays thereafter. Custody on these holidays shall be exercised from 8:30 A.M.
to 6:00 P.M..
3. Mother's Day and Father's Day:
a) Mother shall always have the right to partial custody on Mother's Day. The
right of partial custody shall be exercised by Mother on Mother's Day from 8:30 A.M. to 6:00
P.M.
b) Father shall always have the right of partial custody on Father's Day. The right
of partial custody shall be exercised by Father on Father's Day from 8:30 A.M. to 6:00 P.M.
4. Easter Vacation
The Easter vacation shall be shared as equally as possible, giving consideration
to the length of the vacation as determined by the school calendar.
5. Christmas Holiday:
In the odd number years starting 2003 the Father shall have custody of the
children from noon or end of school day on December 24th until 11:00 A.M. on Christmas
Day. Mother shall have custody from 11:00 A.M. on Christmas Day until 6:00 P.M.
December 26th.
In the even number years starting 2004 the Mother shall have custody of the
children from noon or end of school day on December 24th to 11:00 A.M. on Christmas Day.
Father shall have custody from 11:00 A.M. on Christmas Day to 6:00 P.M. on December 26th.
The remainder of the Christmas Holiday shall be divided as equally as possible
by agreement of the party.
6. Holiday Priority:
The periods of partial custody for holidays, vacations, or other special days set
forth in this order shall be in addition to, and shall take precedence over, but shall not alter the
schedule or sequence of regular periods of partial custody for that parent set forth
Page 4 of 9
previously in this order.
7. Summer Vacation:
Summer vacation is defined by the Court as the first Friday evening following the
last day of school and if Friday is the last day of school that evening is the beginning of
vacation which continue to Friday evening which concludes the last full week preceding the
first day of school.
During the summer months Father shall have two (2) weeks of vacation, not
necessarily consecutive, Father shall advise Mother by June 1 st of each year what weeks he
wishes to exercise his weeks of vacation.
8. Transportation:
The transportation shall be provided at all times by the Father. At all times, the
children shall be secured in appropriate passenger restraint. No person transporting the
children shall consume alcoholic beverages prior to or while transporting the children. No
person transporting the children shall be under the influence of any alcoholic beverage or
controlled substance while transporting the children.
9. Late for exchange:
In the event any party is more than 20 minutes late for a scheduled custody
exchange, in the absence of a telephone call or other communication from the party, the other
party may assume that the parent who is late has chosen not to exercise that period of custody,
the period will be forfeited, and the other party will be free make other plans with the
children.
10. Extracurricular Activities:
Each party shall provide to the other at least forty-eight (48) hours advance notice
of school or other activities, ~vhenever possible. Both parties shall agree to honor and
participate in the activities that the children wish to engage in. During the times that the
)arents have custody of the children, they will make certain that the children attends any
extracurricular activities. The parties agree that they will be supportive of the activities and
Page 5 of 9
will transport the children to and from such activities and the preparations and practice for the
activities that are scheduled, in such time so that the children are able to participate in those
events.
Neither parent, however, shall sign up a children for any activity unless the
children definitely desires to attend that activity. Participation in activities, which take place
during the school year, is contingent upon the children maintaining passing grades in school.
Neither parent shall sign up the children for activities that fall on the other parent's
~eriod of custody, without the consent of the other parent, which consent shall not be
unreasonably withheld. If the children is involved in an activity which occurs during both
parent's peri ods of custody, both parents shall cooperate in providing transportation of the
children to the activity. However, the custodial parent shall not be required to take the
children to that activity if the custodial parent and children is out of town during that activity,
for a previously scheduled vacation.
In the event that the custodial parent is unable to deliver the children to the
particular activity, the parent who has custody of the children at that time shall notify the non-
custodial parent, who shall be entitled to pick up and deliver the children to the designated
activity. The custodial parent shall make certain that the children is ready for pickup in time
suflqcient to enable the children to timely attend the activity.
11. Telephone calls:
Both parties are urged to use common sense in scheduling telephone calls to talk to
the children. Both parties are hereby directed to refrain from preventing the parent who may
be calling from talking to a children, or preventing the children from calling the other parent,
~rovided that the phone calls are not excessively frequent or too long in duration that they
disrupt a
children's schedule. Phone calls should be kept to a maximum of twenty minutes, and a
maximum of three (3) calls per week.
Page 6 of 9
12. Disparaging Remarks:
Each of the parties and any third party in the presence of the children shall take all
measures deemed advisable to foster a feeling of affection between the children and the other
party. Neither party shall do nor shall either parent permit any third person to do or say
anything xvhich may estrange a children from the other parent, their spouse or relatives, or
injure the children's opinion of the other party or which may hamper the free and natural
development of the children's love and respect for the other parent.
The parties shall not use the children to convey verbal messages to the other parent
~bout the custody situation or changes in the custody schedule.
13. Mutual Consultation:
Each party shall confer with the other on all matters of importance relating to the
children's health, maintenance, and education with a view towards obtaining and following a
harmonious policy in the children's education and soci.al adjustments. Each party agrees to
keep the other informed of his or her residence and telephone number to facilitate
communication concerning the welfare of the children and visitation. Each party agrees to
supply the name, address and phone numbers of any persons in whose care the children will
be for a period in excess of twenty-four (24) hours, and for each person or entity which may
~y care for a children.
14. Illness of children:
Emergency decisions regarding the child shall be made by the parent then having
custody. However, in the event of any emergency or serious illness of a children at any time,
any party then having custody of the children shall immediately communicate with the other
party by telephone or any other means practical, infomning 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 practical.
The term "serious illness" as used herein shall mean any disability which confines
the children to bed in for a period in excess of twenty-four (24) hours and which places the
Page 7 of 9
children under the direction of a licensed physician.
15. Welfare of children to be considered:
The welfare and convenience of the children shall be the prime consideration of
the parties in any application of the provisions of this order. 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.
16. Smoke/Drink:
Neither party shall smoke in a confined area ~vhen the child is present and neither
~arty shall permit another person to smoke in a confined area when the children are present.
Further, neither party shall use non-prescribed controlled substances or excessively use
alcohol while the children is in their custody and control.
17. Removal from area:
Neither parent shall transport the children over the state line or remove to a point
more than 100 miles from home of the other parent for any reason without notification to the
other parent. Party removing children shall provide to other parent an address and/or phone
number where children can be reached.
18. Moving of residence:
Neither party shall move their place of residence without giving the other party at
least 30 days written notice of the new residence. If the new residence is mom than 100 miles
from the current residence appropriate adjustments in the custody, visitation schedules should
be made prior to the move.
19. Modification of Order:
The parties are free to modify the terms of this order, but in order to do so, the
Court makes it clear that 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 shall be. In the event that one or the other does not consent to a change that does
not mean each follows his/her own idea as to what he/she thinks the arrangement should be.
Page 8 of 9
The reason this court order is set out in detail is so both parties have it to refer to and to
govern their relationship with the children and with each other in the event of a disagreement.
20. The parties agree that this Agreement and Stipulation of Custody shall be
submitted to the York County Court of Common Pleas for entry as a Custody Order.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
the day and year first above written.
/f4[n~'Tvl. 3~lexa'n/(er, Esq)fi~
ttorney for P/aintiff /
~~'~E/~. Cain .~pp 1 ai~
Faron W. Cain, Defendant
COMMONWEALTH OF PENNSYLVANIA:
: SS
COUNTY OF YORK :
On this fi~-~ day of ~_~,~.~-~ ,2003, before me,
the undersigned officer, a Notary Public, personally appeared Susan E. Cain and Faron W.
Cain, known to me (or satisfactorily proven) to be the persons whose names are subscribed to
the within instrument, and acknowledged that they executed the same for the purpose therein
contained.
My Commission Expires:
Notarial Seal I
Halyard E. Alexander, Notary Public
Dillsburg Bom, york County
My Commission Expires Apr. 23, 2(105
Member, PennsylvaniaAssodationofNotalles Page 9 of 9
IN THE cOURT OF COMMON PLEAS OF CUMBERLAND cOUNTY,
PENNSYLVANIA
SUSAN E. CAIN,
Plaintiff
VS.
FARON W. CAIN,
Defendant
NO. 03-5867
CIVIL ACTION - LAW
IN CUSTODY
ORDER
AND NOW, to wit, this ,~ ~_ day_ ~'-~~ __, 2tttlB, upon
consideration of the foregoing Custody Agreement and Stipulation and on motion of Jane M.
Esquire, counsel for Plaintiff; Susan E. Cain, and Pro Se Defendant, Faron W.
Cain, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of
the attached Agreement and Stipulation of Custody of the parties dated ~
~ are adopted as an Order of Court as if set forth herein at length.
By the Co~
~///, Judge
SUSAN E. CAIN, :
Plaintiff :
VS. :
FARON W. CAIN, :
Defendant :
THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 03-5867
CIVIL ACTION - LAW
IN CUSTODY
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this of 04, by and
between Susan E. Cain of 129 West Vine Street, Shiremanstown? Cumberlan~County,
Pennsylvania 17011 (hereinafter referred to as "WIFE") and Faron W. Cain of 1014 E.
Coover Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter
referred to as "HUSBAND".)
WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on
October 25, 1997 in Mechanicsburg, Cumberland County, Pennsylvania. WIFE instituted an
action in divorce to No. 03-5867 in the Court of Common Pleas of Cumberland County,
Pennsylvania on November 6, 2003. The pleadings in the case requested dissolution of the
marriage between the two parties and for such further relief that the Court may deem
equitable and .iust; and
WHEREAS, the parties have reached an agreement as to the settling of all matters
relating to the divorce and to the custody and support of their two (2) children born of this
marriage, Justin Harrison Cain, born May 20, 1997, age 6, and Nicholas Victor Cain, bom
February' 22, 1999, age 4.
NOW, THEREFORE, in consideration of the promises and the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable
consideration, receipt of which is hereby acknowledged by each or' the parties hereto,
Page 1 of 7
HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as
1. The parties intend to maintain separate and permanent domiciles and to live apart
t?om each other. It is the intent and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other.
2. The terms of this Agreement and their effect have been fully explained to the
WIFE by her counsel, Jane M. Alexander, Esquire. HUSBAND has been fully advised of the
terms of this Agreement and their effect by his counsel, Susan A. Docktor, Esquire. The
parties acknowledge that they have received independent legal advice from counsel of their
choice and have been fully informed as to their legal rights and obligations or have chosen
not to do so. The parties understand the facts and acknoMedge and accept this Agreement as
I~air and equitable.
3. The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the
intent of the parties that such division shall be final and shall forever determine their
respective rights. The division of existing marital property is intended by the parties to
constitute in any way a sale or exchange of assets, and the division is being affected without
the introduction of outside funds or other property not constituting a part of the marital estate.
4. Neither party shall molest, harass, annoy, injure, threaten or imerfere with the
other party in any matter whatsoever. Each party may cmry on and engage in any
employment, profession, business or other activity as he or she may deem advisable for his or
her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or
disposition of any property now owned and not specified herein or property hereafter
acquired by the other.
5. The consideration for this contract and agreement is the mutual benefits to be
obtained by both of the parties hereto and the covenants and agreements of each of the parties
Page 2 of 7
to the other. The adequacy of the consideration for all agreements heroin contained is
stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound
hereby.
6. DEBTS OF THE PARTIES:
It is further mutually agreed and understood by and between the parties that all
joint debts have been paid including open accounts, credit cards, and bank liabilities except
as hereinafter set forth:
6.1) HUSBAND shall assume all liability for and pay and indemnify the WIFE
against liability for all debts and bills in his name alone, particularly those incurred since date
of filing Complaint in Divorce.
6.3) WIFE shall assume all liability for and pay and indemnify the HUSBAND
against liability for all debts and bills in her name alone, particularly those incurred since date
of filing Complaint in Divorce.
6.4) Parties are both obligors on a Visa account with an approximate balance of
$7,500.00. Parties agree that this obligation will be paid by each being responsible for one-
half (~/2) the principal debt, interest and charges as may accrue until the debt is paid in full.
WIFE shall make the monthly payments in a timely manner to avoid late charges.
HUSBAND will give his one-half(½) the month payment to WIFE at least ten (I0) days
betbre due date. The account is frozen and no further charges can be made on it.
7. PERSONAL PROPERTY:
As to all items of personal property which the parties have divided to their mutual
satisfaction, henceforth, each of the parties shall own, have and enjoy independently of any
claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are now owned or held by or which may hereafter
belong to the HUSBAND or WIFE, ~vith full power to the HUSBAND or the WIFE to
dispose of same as fully and effectually, in all respects and for all purposes as if he or she
Page 3 of 7
were not married. Specific disposition of major items or personal property is as follows:
7.1) Bank Accounts:
Each party has opened and maintained their o~vn separate bank accounts since
the time of separation. Neither party will make a claim against those funds.
7.2) Vehicles:
a) HUSBAND shall retain possession, title, and sole ownership of the 1999
Jeep and shall assume the indebtedness thereon with Waypoint Bank and hold WIFE
harmless from any liability or responsibility for payment of said debt.
b) WIFE shall retain possession, title, and sole ownership of the 2004 Ford
Escape and shall assume the indebtedness thereon with Waypoint Bank and hold HUSBAND
harmless from any liability or responsibility for payment of said debt.
7.3) Household furnishings:
The parties have divided the household furnishings to their mutual
satisfaction.
7.4) Pensions, Stock options, Retirement funds, IRAs:
Each party owns and maintains their own 401 (k) or retirement programs.
Both parties agree that they shall each continue said ownership and neither party will make
any claim now, or in the future, against the other's 401(k) or other retirement programs. Also
if any documents need to be sigl~ed to confirm said agreement or release each party will
promptly cooperate.
8. REAL ESTATE:
The Marital residence of the parties located at 1 l 5 East Maplewood Avenue,
Mechanicsburg, Cumberland County, Pennsylvania 17055 has been sold and the net proceeds
divided equally between the parties.
9. SPOUSAL SUPPORT/ALIMONY:
Neither party has or will make claim for spousal support and/or alimony.
Page 4 of 7
10. CUSTODY AND SUPPORT OF THE CHILDREN:
Custody of the children will be governed under the terms of the Agreement and
Stipulation of Custody dated December 4, 2003 and confirmed as an order of court in the
custody action filed in the Court of Common Pleas of York County, Pennsylvania to No. 03-
5867 by Judge J. Wesley Oler, Jr. on January 5, 2004.
At time of execution of this agreement HUSBAND agrees to and has been paying
$125.00 per week for the support of the two (2) children. Payments are by agreement of the
parties and there is no current support order. Should financial circumstances change or if
t IUSBAND fails to make the weekly payment WIFE reserves the right to immediately file
though the appropriate Domestic Relations Office for support.
11. STATUS OF SETTLEMENT:
Ihe property settlement as provided herein between the parties shall be considered
an equitable distribution of marital property and both parties waive any and all rights or
claims, which they may have been entitled to raise with respect to the issue of equitable
distribution under the Provisions of the Pennsylvania Divorce Act.
12. The parties agree that simultaneously with the signing of this Agreement they
will sign the necessary affidavits of consent and affidavits acknowledging notice of marriage
counseling in order to conclude the divorce action filed by WIFE under the no-fault
provisions of the Pennsylvania Divorce Act.
13. BANKRUPTCY:
The parties hereby agree that the provisions of this Agreement shall not be
dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained
herein. In the event a party files such bankruptcy m~d pursuant thereto obtains a discharge of
any obligations assumed hereunder, the other party shall have the right to declare this
Agreement to be null and void and to terminate this Agreement in which event the division of
the parties' marital assets and all other rights determined by this Agreement shall be subject
Page 5 of 7
I to court determination the same as if this Agreement had never been entered into.
14. The waiver or unenforceability of any term, condition, clause or provision of this
Agreement shall in no way be deemed or considered to be a waiver of or forfeiture of right to
enforce any other term, condition, clause or provision of this Agreement.
15~ This Agreement shall be construed and interpreted according to the laws of the
Commonwealth of Pennsylvania.
16. It is understood and agreed that the heirs, administrators, executors and assigns of
the parties hereto shall be bound by all the terms, conditions, clauses and provisions of this
Agreement.
IN WITNESS WHEREOF, the panics hereto have set their hands m~d seals the day
and year first above written, intending to be legally bound.
W]'FNESS BY: ~
Faron W. Cain, Defendant
Page 6 of 7
COMMONWEALTH OF PENNSYLVANIA
S.S.
COUNTY OF YORK
On this, the ~/d ~ day of~-~- ~ ,2004, before me the
undersigned officer, a Notary public, in and for said Commonwealth and County, personally
appeared Susan E. Cain known to me (or satisfactorily proven) to be the person whose name
is subscribed to the tbmgoing Marriage Settlement Agreement and in due form acknowledged
lbat she executed the same for the purpose therein contained and desired the same to be
recorded as such.
WITNESS my hand and notarial seal the day and year aforesaid.
My Commission Expire: aalvata Iii. ~:~rs,~o,a~, l'ud~ otary Pubhc /
/ Dillsburg Bom, Yo~: County
~ My Commission Expires Apr. 23, 2005
Member, Pennsyivania Associat~n o/Notades
COMMONWEALTH OF PENNSYLVANIA
S.S.
COUNTY OF YORK
On this, the _Z'd~"~_ day of /~-~ ~
_, 2004, before me the
nndersigned officer, a Notary public, in and for said Commonwealth and County, personally
appeared Faron W. Cain known to me (or satisfactorily proven) to be the person whose
name is subscribed to the foregoing Marriage Settlement Agreement and in due form
acknowledged that he executed the same for the purpose therein contained and desired the
same to be recorded as such.
WITNESS my hand and notarial seal the day and year aforesaid.
My Commission Expire:
Notarial Seal
Halyard E. Alexander, Notary
Dillsburg Boro, York County
My ComwJssion Expires Apr. 23, 2005
Member, Pen nsy~vania Association of Notaries
//Nbtary Public
Page 7of 7
SUSAN E. CAIN,
FARON W. CAIN
Plaintiff
VS.
Defendant
:IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
NO. 03-5867
: CIVIL ACTION-LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
November 6, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from date of filing and service of the Complaint.
3. I 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 the 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.
Faron W. Cain
SUSAN E, CAIN.
VS
FARON W. CAIN
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
NO. 03-5867
CIVIL ACTION-LAW
IN DIVORCE
Defendant
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in 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: ~j~2~ 4- ~'2~'~ 9/
Faron W Cain
SUSAN E. CAIN.
¥S
FARON W. CAIN
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
NO. 03-5867
CIVIL ACTION-LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE
1. I consent to the 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. 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. Section 4904
relating to unsworn falsification to authorities.
Date: ~6C~ ~/~ ~,~f
Susan E. Cain
SUSAN E. CAIN,
FARON W. CAIN
Plaintiff
VS.
Defendant
:IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
NO. 03-5867
CIVIL ACTION-LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
November 6, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from date of filing and service of the Complaint.
3. I 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 the 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:
usan E. Cain
SUSAN E. CAIN,
FARON W. CAIN,
Plaintiff
VS
Defendant
IN THE COURT OF COMMONPLEAS
OF CUMBERLAND COUNTY, PA
NO. 03-5867
CIVIL ACTION-LAW
IN DIVORCE
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 Section 3301(c) of the
Divorce Code.
2. Date and manner of service of the complaint: was sent certified mail, restricted
delivery to the Defendant November 07, 2004 and was delivered to the Defendant
November 08,2004.
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent require by Section 3301(c) of the
Divorce Code: by Plaintiff February 5,2004 by defendant February 5,2004.
(b) (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of
the Divorce Code:
(2) Date of service of the plaintiff's affidavit upon the respondent
4. Related claims pending: All claims are settled and satisfied by Marriage
Settlement Agreement dated February 5, 2004 signed by both parties.
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 Plaintiff's Waiver of Notice in Divorce was filed with the Prothonotary:
February 17, 2004
(c) Date Defendant's Waiver of Notice in~ Divorce was filed with Prothonotary:
February 17, 2004 //~~///~.~ / 9
( Ja? M. Alexand~, Attorney for Plaintiff
SUSAN E. CAIN
Plaintiff
INTHE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~,~ PENNa.
N o.
VERSUS
3e~e~a~t
DECREE IN
DIVORCE
AND NOW, F'~3c,-,¢-,~ Iff , ~
DECREED THAT
F~0N Wo C~
AND
, IT IS ORDERED AND
, PLAINTIFF,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOF~ WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
ATTE .
N OTA
SUSAN E. CAIN,
VS.
FARON W. CAIN,
Plaintiff
Defendant
THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 03-5867
CIVIL ACTION - LAW
IN CUSTODY
_ADENDUM TO MARRIAGE SETTLEMENT AGREEMENI'
and between Susan E. Cain of 129 West Vine Street, Shire~stown, Cumberland County,
Pennsylvania 17011 (hereinafter referred to as "WIFE") and Faron W. Cain of 1014 E.
Coover Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter
referred to as "HUSBAND".)
WITNESSETH: WHEREAS, the parties executed a Marriage Settlement Agreement
on February 13, 2004 which was filed in the Office of the Prothonotary of Cumberland
County, Pennsylvania on February 17, 2004; and
WHEREAS, HUSBAND has decided to move to Texas; and
WHEREAS, the parties, because of this anticipated move, wish to amend the said
agreement as follows:
Paragraph 7.2 shall be amended to read as follows:
HUSBAND shall, and does hereby relinquish possession, and all claims of
ownership of the 1999jeep. Title shall remain in WIFE's name and WIFE will assume the
indebtedness thereof with Waypoint Bank and hold HUSBAND harmless from any liability
or respons~blhty for payment ofsa~d debt.
Should the vehicle be sold HUSBAND shall make no claim now, or in the
Page 1 of 2
future for a share of the proceeds of the sale.
All other terms and condition of the Marriage Settlement Agreement of February 13,
2004 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written, intending to be legally bound.
IT~'ESS BY: ,.,
~ ~ "<ghsan E. Cain, Plaintiff
Faron W. Cain, De~ndant
Page 2 of 2
FEDERMAN~arD PHELAN, LLP.
by: Daniel G. Schmieg, Esquire
Atty. I.D. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
Washington Mutual Bank,
Homes/de Lending, INC.
FA, S/III To
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
vs.
Richard L, Mumma
Shirley L. Mumma
: CIVIL DIVISION
: NO. 03-5827 CIVIL TERM
PP. AECIPE FOR RULE TO SHOW CAUSE
TO THE PROTHONOTARY:
Kindly enter a Rule upon Richard L, Mumma Shirley L. Mumma, Defendant(s)
to show cause why the attached Order for Reassessment of Damages should not be
entered.
Da~nie~G. Schmieg, Esquire
Attorney for Plaintiff
FEDERM3kNAND PHELAN, LLP.
by: Daniel G. Schmieg, Esquire
Atty. I.D. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000
Washington Mutual Bank, FA, S/I/I To
Homeside Lending, INC.
vs.
Richard L, Mumma
Shirley L. Mumma
ATTOPJ~EY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-5827 CIVIL TERM
AFFIDAVIT OF SERVICE
Daniel G. Schmieg, Esquire, hereby certifies that a copy of
Plaintiff's Petition for Reassessment of Damages have been sent to the
individuals indicated below on April 19, 2004.
Richard L. Mumma
700 Colonial Court
Mechanicsburg, PA 17055
Michael 1. Bangs, Esq.
Bangs Law Office
302 South 18tn Street
Camp Hill, PA 17011
Shirley L. Mumma
179 Willow Mill Park Road
Mechanicsburg, tH 17050
DATE:
April 19, 2004
By: /'/
FEDERMANAND PHELAN, LLP.
by: Daniel G. Schmieg, Esquire
Atty. I.D. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000
Washington Mutual Bank, FA, S/I/I To
Homeside Lending, INC.
vs.
Richard L, Mumma
Shirley L. Mumma
ATTOrnEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-5827 CIVIL TERM
PLAINTIFF'S PETITION FOR REASSESSME~ OF DAMAGES
Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves
the Court to direct the Prothonotary to reassess the damages in
this matter, and in support thereof avers the following:
1. Complaint in Mortgage Foreclosure was filed on November
5, 2003. 2. Judgment was entered against Defendant(s) on
January 9, 2004 in the amount of 93,817.40.
3. The mortgaged premises
June 9, 2004.
4. Additional sums have
Defendant(s)'
behalf since the Complaint was
given credit for any payments
judgment, if any.
are listed for Sheriff's Sale on
been incurred or expended on
filed and Defendant(s) have been
that have been made since the
The amount of damages should now read as follows:
Principal Balance
Interest Amount
June 1, 2003 through June 9, 2004
Per Diem $22.27
Late Charges
Legal fees
Cost of Suit and Title
Sheriff's Sale Costs
Property Inspections/ Perservation
MIP/PMI
NSF Fees
Suspense/Misc. Credits
Appraisal/BPO
Escrow
Credit
Deficit
86,728.95
8,344.06
342.29
1,250.00
1,077.00
0.00
3,297.50
0.00
0.00
(0.00)
0.00
0.00
0.00
TOTAL $101,039.80
5. Under the terms of the mortgage, which mortgage is
recorded in the Office of the Recorder of Deeds in Book (#1608),
Page (#50), Plaintiff is entitled to judgment in the amount as set
forth in paragraph four herein against the Defendant(s).
WHEREFORE, Plaintiff respectfully requests this Honorable
Court issue an Order to the Prothonotary to reassess the damages
as set forth above.
Attorney for Plaintiff
FEDERMANAND PHELAN, LLP.
by: Daniel G. Schmieg, Esquire
Atty. I.D. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19102-1799
(215) 563-7000
Washington Mutual Bank, FA, S/I/I To
Homeside Lending, INC.
vs.
Richard L, Mumma
Shirley L. Mumma
ATTOrnEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-5827 CIVIL TERM
BRIEF OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS :DAMAGES
I. BACKGROUND OF CASE
Plaintiff and Defendant(s)
Agreement, wherein Defendant(s)
entered into a Promissory Note and
agreed to pay Plaintiff principal,
Mortgage
interest,
mortgage
late charges, real estate taxes, hazard insurance premiums and
insurance premiums as said monies became due. In turn, Plaintiff's Note was
secured by a mortgage on the subject premises. The Mortgage Agreement
indicates that in the event Defendant(s) defaults, Plaintiff may pay any
necessary obligations in order to protect its collateral, the subject premises.
In the case sub judicia, Defendant(s) failed[ to abide by the Mortgage
Agreement by failing to tender numerous, promised monthly mortgage payments.
Accordingly, after Plaintiff determined that Defendant(s) were not going to
cure the default and bring the loan current, Plaintiff commenced a Mortgage
Foreclosure Action.
Judgment was subsequently entered by the Court, and the subject property
is scheduled for Sheriff's Sale.
Because of the excessive period of time between the initiation of the
Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date,
damages as previously assessed by the Court are outdated and must be increased
to include current interest, real estate taxes, insurance premiums, and other
expenses which Plaintiff has been obligated to pay 'under the Mortgage Agreement
in order to protect its interest.
II. ARGUMENT FOR REASSESSM~NT OF DAMAGES
The Pennsylvania Rules of Civil Procedure are silent with respect to the
issue of Reassessment of Damages; however, Rule 1037 provides, "the
Prothonotary shall assess damages for the amount which Plaintiff is entitled if
it is a sum certain or which can be made certain by computation..." In the
instant case, the amount to which Plaintiff is entitled is readily calculated
by review of the Mortgage Agreement, which is of record, together with the
Complaint which specifically lists the items chargeable.
Clearly, if Rule 1037 gives the Prothonotary the right to assess damages
for the amount to which Plaintiff is entitled as set forth in the Complaint,
the Court has similar power to reassess damages at a later date.
In addition, Rule 1037(a) provides that the Court, on motion of a party,
may enter an appropriate judgment against a party upon default or admission.
If the Court has the power to enter judgment, it certainly has the power to do
a lesser act, to wit, reassess damages.
It is settled law in Pennsylvania that the Court may exercise its
equitable powers to control the enforcement of a judgment and to grant any
relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See
also, Stephenson v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 (1958); Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super
1988).
In Chase Home Mortgage, the Court stated that where a judgment has been
assessed following defendant's failure to file a responsive pleading in a
mortgage foreclosure action, a mortgagee "...could properly move the court to
amend the judgment to add additional sums due by virtue if the mortgage's
failure to comply with the terms of the mortgage agreement..." Id. at 24.
Because a judgment in mortgage foreclosure is strictly in rem, it is critical
that the judgment reflect those amounts expended by the Plaintiff in protecting
the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335
(1971).
Plaintiff submits that if Plaintiff went to sale without reassessing
damages, and if there was competitive bidding for the subject premises,
Plaintiff would suffer irreparable harm in that it would not be able to recoup
monies it paid to protect its interest. Conversely, a reassessment of damages
will not be detrimental whatsoever to Defendant(s) as it imputes no personal
liability.
The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat.
Bank case that the debt owed on a mortgage
changes and can be expected to change from day' to day, because Western
Pennsylvania must pay expenses for the property in order to protect its
collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not
extinguished until the debt is paid, Plaintiff must protect its collateral up
until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
826 (1939).
Therefore, Plaintiff respectfully submits that if the enforcement of its
rights are delayed by legal proceedings and enforcement of its judgment, and
such delays require the mortgagee to expend additional sums pursuant to the
Mortgage, then said expenses become part of the mortgagee's lien and should be
included in said judgment. As the Court indicated in FNMA v. Jefferson, an
unreported case a copy of which is attached hereto, since the charges
enumerated in Plaintiff's Motion for Reassessment of Damages were incurred
pursuant to the Mortgage Agreement, and the mortgage had not yet been paid,
said charges should be included in Plaintiff's judgment amount. May Term, 1986,
No. 2359 (CCP PHILA. 1986).
III. CONCLUSION
Plaintiff respectfully requests this Honorable Court grant its Petition to
Reassess Damages. Plaintiff respectfully submits that it has acted in good
faith in maintaining the property in accordance with the Mortgage, and in
reliance on said instrument with the understanding that it would recover the
monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to
reassess the damages as set forth in the Petition to Reassess Damages.
F~L.L.~_
BY:Daniel G. Schmieg, Esquire Attorney for Plaintiff
VERIFICATION
and correct to the best of
undersigned understands that
penalties of 18 Pa. C.S.
authorities.
Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff
in this action, that he is authorized to take this affidavit, and that the
statements made in the foregoing Petition for Reassessment of Damages are true
his knowledge, information and belief. The
this statement hereJ, n is made subject to the
~4904 relating to unsworn falsification to
DATE: April 19, 2004
FE AND P , L.L.P.
Daf~iel G. Schmie9, Esqu. ire
Attorney for Plaintiff