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Home My WebLink About03-5876 JENNIFER A. SHOPE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05- jS7G, ~ IN DIVORCE BRIAN S. SHOPE, DEFENDANT 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 NOTICE ~ AVAILABILITY ~ COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. JENNrFER A. SHOPE, PLArNTrFF rN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV1\NrA v. NO. (:.Ij - .5'6/~ BRrAN S. SHOPE, DEFENDANT rN DrVORCE COMPLArNT UNDER SECTrON 3301 (e) OR 3301 (d) OF THE DrVORCE CODE rN DrVORCE 1. The Plaintiff is Jennifer A. Shope who resides at 25 White Birch Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Brian S. Shope who resides at 25 White Birch Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff and Defendant have been a bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 2, 1993 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. There were two children born of this marriage, Cassaundra Noel Shope, born November 4, 1994 and Emily Brieann Shope, born April 6, 1997. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the court to enter a decree of divorce. ~{).~ Thomas D. Gould Attorney for Plaintiff 1. D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: //;&10-1 ~~ ~~ - --C: ~ -..AJ - i>' c() Jv - - --....... ~ C- oJ', C" ~ <p-\.) p:;- c? - C;:>0 SJ\ U\ <../' c- (') r -,i; tj;'. !:Pi-:: f~Jr -.;:;: <c;..,,,- ...;::'C- ;See C~ >'" -Cj -< f~ - ~.. -j G-, " ~ '',) ..... ~ ~ . , ~ ',".j ::;:.:::-! :'ij -< " MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this JJ,. ,gday of ftkJ?!r:K, 2006, by between Jennifer A. Shope, (hereinafter re erred to as "Wife") Brian S. Shope, (hereinafter referred to as "Husband"). and and WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on October 2, 1993; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, two children were born of this marriage; Cas saundra Noel Shope, born November 4, 1994 and Emily Brieann Shope, born April 6, 1997; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2 . INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 1 3 . DIVORCE Wife filed a Complaint in Divorce on November 6, 2003, docketed at No. 03-5876 CIVIL in Cumberland County, Pennsylvania. The parties agree to cooperate with each other in obtaining a final divorce of the marriage under section 3301(c) of the Divorce Code. Upon signing this MSA the parties shall execute the Affidavit of Consent and Waiver of Notice forms for submission to the Court. Wife's attorney shall be responsible for filing the documents necessary to obtain a Decree in Divorce. 4. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. Wife may elect to continue to store her and the children's personal property at the marital home until the home is sold or she relocates to appropriate alternative accommodations. 5 . AUTOMOBILES Wife shall have all right and title to the 1995 Ford Winds tar . She shall maintain insurance on her vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Wife shall indemnify and hold Husband harmless for all matters related to his vehicle. Within 10 days of signing this agreement, Husband shall sign over all right and title to the 1995 Ford Windstar to Wife. Husband shall have all right and title to any vehicle he acquires and shall maintain insurance on his vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicle. 6. FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The parties have equi tably divided their respective financial accounts, stocks, bonds, joint ventures, businesses and other investments. Each party shall maintain their separate accounts and investments and hereby release any interest they may have in the other's accounts, stocks, bonds, joint ventures, businesses, real estate or other investments. 2 7. DIVISION OF REAL PROPERTY The marital home located at 25 White Birch Lane, Mechanicsburg, Cumberland County, Pennsylvania shall be sold and the net proceeds are to be equally divided. Husband shall be responsibility for all maintenance, taxes and the payment of the existing mortgages and notes until the property is transferred to the buyer(s). Husband shall indemnify and save Wife harmless from any liability on the accompanying mortgages, notes or other expenses related the former marital home. Wife and the children are permitted to remain in the marital home until appropriate alternative accommodations are located. 8. PENSION/RETIREMENT Husband and Wife shall continue to maintain any separate pension and/or retirement accounts. Husband relinquishes any and all rights he may have in any of Wife's pension or retirement accounts and Wife relinquishes any and all rights she may have in any of Husband's pension or retirement accounts. 9. MARITAL DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Husband shall be liable for all mortgages, taxes, insurance, utilities, expenses, maintenance and other costs related to the marital home. 10. JOINT FILING OF IRS RETURN tax year expenses, Husband and Wife agree to file separate tax returns for 2006. Husband shall be entitled to claim the house including mortgage payments on his tax return. 11. CUSTODY The parties agree that Husband and Wife shall share Legal Custody and Wife shall have primary Physical Custody of their children. Wife agrees to work with Husband's work schedule to insure that he has regular meaningful contact with his daughters. Each party agrees to inform the other of the maj or parenting decisions affecting the children's health, education and welfare. Each party shall have the right to access the children's medical, educational and other records. The parties agree that the above custody arrangement may be changed by the mutual agreement of the parties .or, if the parties are unable to agree, through legal action. 3 I' ~ 12. CHILD SUPPORT Husband shall pay Wife $100.00 each week, $200.00 bi- weekly, for child support as currently agreed. Husband shall provide medical, dental and vision insurance for the children. He shall be responsible for 63% co-pays, deductibles and any other expenses not covered by the insurance after Wife paids the first $250.00 year calender year. Husband shall also reimburse Wife ~ of the costs related to the children's school, extra-curricular activities and supplies. The support amount may be modified with a material change in circumstances, as agreed by the parties. If the parties are unable to agree, either party may seek modification by the Domestic Relations Office (DRO)or court of competent jurisdiction. 13. ALIMONY/SUPPORT/APL Each party hereby waives, releases, discharges and gives up any .rights either may have against the other to receive support, alimony pendente lite or alimony provided the parties cooperate in completing the marriage. 14. CONTINUED COOPERATION The parties agree that they will, within fifteen days after the execution of this agreement, execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 15 . BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract. shall be responsible for the payment of legal fees, expenses and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 16 . VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that there has been a full and fair disclosure of their assets and that this agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each party has had the opportunity to review this agreement and consult with an attorney of their choice. 4 "" 17. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other IS estate. 18. BINDING AFFECT . This agreement shall be binding upon the parties' heirs, successors and assigns. 19. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed. with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 20. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 21. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever In determining the rights or obligations of the parties. 23. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 5 24. INCORPORATION INTO DIVORCE DECREE any agreement is to be incorporated, but not merged into Decree in Divorce. SS WHEREOF, the parties set their hands and seals 9-l2-06 Date ~ s~ Shope 9-'{s'-OL, Date County of1JA\{~~H\ PERSONALLY APPEARED BEFORE ME, this'Z'.... day of thisJt>~~T'... , 2006; a notary public, in and for the Commonwealth of Pennsylvania, Brian S. Shope, kn9wn to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. ss COMMONWEALTH OF PENNSYLV",I",." NOTARIAL SEAL TERESA J. BROOKS, Notar(Publlc West Hanover Twp., Dauphin County M Commission Expires May 23. 2009 Commonwealth of Pennsylvania IN WITNESS WHEREOF, I have hereunto set my Notary Public Commonwealth of Pennsylvania (;OMMONWEAL TH OF PENNSVLVANiA NOTARIAL SEAL.. TERESA J BROOKS. Not8f'1 Putllic West Hanover Twp., Dauphin County My Commission EXRi~e~_~~~~3, ..~009 County of h1\.lph", PERSONALLY APPEARED BEFORE ME, this 2.1.-- day of this s:.r-l,,A,r, 2006, a notary public, in and for the Commonwealth of Pennsylvania, Jennifer A. Shope, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. 55 IN WITNESS WHEREOF, I have hereunto set ~d and official seal. a 1 d\tJ Nota Public 6 (1 c: ~.:. -,t' rt'" ....,.)'.. ,. 17- ~.: ::- \~~~ ::~;;. . ;?... ~p' ,...., c:> ~ (,/) ,f1 -0 N N -u > ~ ~~ ']\:9 o,() -.\ -1', :t:.:D (~O ",,"'\f'I S ~ ~ v:J JKNNlFER A. SHOPE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03 - 5876 CIVIL BRIAN S. SHOPE, DEFENDANT IN DIVORCE ACCEPTANCE OF SERVICE I, Brian S. Shope, accept service of the Divorce Complaint 1n the above captioned matter. Dated: lV tJ V #"1 i -(.'- IJ<1()03 , ~S~ B~~an S. Shope ~ 25 White Birch Lane Mechanicsburg, PA 17050 DEFENDANT () C ? ~Q(5 [lifT L. ". :..,; ,~-,... 65': -< ... r- -::~:: i> ~, ~f:.: z --l -< ~ = = 0'"\ (.I) /"T1 " N N o " ~:n m, :BE? 06 "'--II ,;r: .., ,:::>- zmo o ~ -< -0 :J: N .. \.0 JENNIFER A. SHOPE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5876 CIVIL TERM BRIAN S. SHOPE, DEFENDANT 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 the date of the 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 acknowledge that pursuant to Rule 1920.42 (e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: q -1.'L-O(, ~ S-S:~. BRIAN S. SHOPE o c:. s: -UC\1 r~nr~ ~~; ::;.c , r: <. ~;:. <=: ;:;: t_:, ...~ S-:;. :~ -< ,.." = = 0" (/) Cd N N ~ ~~ -om :09 00 ~-r, :L...., r:>- z~ o -"'-I ~ -0 :J.t N .. \.D JENNIFER A. SHOPE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5876 CIVIL TERM BRIAN S. SHOPE, DEFENDANT 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 qnd ninety (90) days have elapsed from the date of the 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 acknowledge that pursuant to Rule 1920.42 (e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 7;19/rJ~ Q c; ~ ....Ji..'):'{ f"\"I \I . '".-9" '-^' ~;S:'... c::: c: )~;(.... ,t...::C. yC:~ ';Z:, :1. ~ ~ ~ --0 ~ ~ ~ ~~ ~ ~~, ~--'r\ I::) """"CJ 5,(1' .....\ - ~ oJ:) ..-0 "$ r:-? JENNIFER A. SHOPE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5876 CIVIL TERM BRIAN S. SHOPE, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, di vision' 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 9J9ht (") c <~ -o~ ir <c )'::--r "-.-.,..- !~ :.2" (=-~: .J-'C: z -.. -< r--;) = = c:7" (/) 1'""1 -0 N N -0 ::J:: N n o -n :t!::n m..... -om -09 Q~~ I:rl 90 2m o ~ -< \.D JENNIFER A. SHOPE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5876 CIVIL TERM BRIAN S. SHOPE, DEFENDANT 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 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: <1-1..1- -ot z~ s:- S.--S~ Brian S Shope g s:. "'Ol"X' \J) U: .. 7[~ ;q~ ~: r::: t.._ <-- ~~: -7 ~ ""'" c:::::s = Q'" ~ -0 N N -0 :Jt N .. ~ ~:n -ohl ~Ot? Ob ~.T, :r: -n ~~ 9 ~ \D JENNIFER A. SHOPE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-5876 CIVIL TERM BRIAN S. SHOPE, DEFENDANT IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the 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: On November 10, 2003 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, September 19, 2006; By Defendant, September 22, 2006. 4 . Related claims pending: None 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on September 22, 2006. Date Defendant's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on September 22, 2006. ~&VI~. ~ Thomas D. Gould, Esquire Attorney For Plaintiff ~ (") c:::> ~ r:r _.... c/> -0 en ~ i:i~:~ ~ r::;.c; ~"~ ,.,.~ >-~ i ~~.~ ~ ~ ~~ ~~ ~:B ~~ ~ ~ -0 :3" ...., o- N o IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. JENNIFER A. SHOPE, Plaintiff No. 03 - 5876 CIVIL VERSUS BRIAN S. SHOPE, Defendant DECREE IN DIVORCE AND NOW, A~r~ , IT IS ORDERED AND 24~ J, z-/. DECREED THAT JENNIFER A. SHOPE , PLAI NTI FF, AND BRIAN S. SHOPE , 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 FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE THE MARRIAGE SETTLEMENT AGREEMENT DATED SEPTEMBER 22, 2006 IS INTO THIS DECREE IN DIVORCE. UR;;J ATTESre~~ PROTHONOTARY J. .~~ ~~ ~'L:e-b ff"'P' P %-~./"W)!o/ /)J' L<:. - b - j.. .-'- '. . " .. ,- ".-