The URL can be used to link to this page

Home My WebLink About04-0641 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW No. 0 Lf - r; 'II ANN SHAMBAUGH, Plaintiff THOMAS H. SHAMBAUGH, Defendant IN DIVORCE NOTICE 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, High and Hanover Streets, Carlisle. 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 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION LAW No. .9 t.j - (p Ifl ANN SHAMBAUGH, Plaintiff THOMAS H. SHAMBAUGH, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE I. Plaintiff is Ann Shambaugh, who currently resides at 119 East Willow Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Thomas H. Shambaugh, who currently resides at 276 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on April 9, 1994 in Gettysburg, Adams County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. II. CUSTODY I. The plaintiff is Ann Shambaugh, who currently resides at I 19 East Willow Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Thomas H. Shambaugh, who currently resides at 276 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Megan Michelle Shambaugh I 19 East Willow St. Carlisle, PAl 70 I 3 1-07-95 9 The child was not born out of wedlock 4. The child is presently in the custody of Ann Shambaugh, who currently resides at I 19 East Willow Street, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Thomas & Ann Shambaugh 119 E. WilIow St. Carlisle, PA 17013 5/95 to 1-12-04 Ann Shambaugh I 19 E. WilIow St. Carlisle, PAl 70 I 3 1-12-04 to Present 5. The mother of the child is Ann Shambaugh, who currently resides at I 19 East Willow Street, Carlisle, Cumberland County, Pennsylvania 17013. She is married. 6. The father of the child is Thomas H. Shambaugh, who currently resides at 276 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. He is married. 7. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons. Name Relationship Megan Michelle Shambaugh Daughter 8. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons. Name Relationship By Himself 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare ofthe child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the child; and Plaintiff is best able to provide the care and nurture which child needs for healthy development; and Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child; and Plaintiff continues to maintain the same family household for the child that has been maintained since 1112/04. The Defendant has moved from the family residence into an apartment. II. Each parent whose parental rights to the child that have not been terminated and the person who has physical custody of the child have been named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim WHEREFORE, Plaintiff requests that the Court grant Plaintiff primary physical custody with periods of partial physical custody with Father. Z--ll-otl By: Mark F. Bayley, Esquire Attorney for Plaintiff 155 South Hanover Street Carlisle, P A 17013 Supreme Court LD. #87663 (717) 241-6070 i 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. S 4904, relating to unsworn falsification to authorities. Date: 1/ I:;/; /N c' / ;; [1 t2,'tA'1 0frtAA~,.ffid.(.(:.'7( 1 Ann Shambaugh, Plaintiff ~G>> \J'->) ~ -- --- ..(. eX' - - ..... .z ..J\ )G .{""> c - i -.......,,~ '(--0 .-> 0 C) C:;J '. c , "n x- .." .-1 ""C-n r-;-l \n.,.,; t;.:) !-~ -r).'_' ~J,)r? ~.J :-1~~~ -~"J , C') "~. , n ;:-~ , 1 en D :.........: " w ~. cJ 'Y-.> U'i <s- U'- . I ..../', D- '-^ c- ANN SHAMBAUGH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-641 CIVIL ACTION LAW mOMAS H. SHAMBAUGH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, Febrnary 23, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hnbert X. Gilroy, Esq. at 4th Floor, Cnmberland County Courthouse, Carlisle on Thursday, April 01, 2004 , the conciliator, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme 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 heariug. FOR THE COURT. By: /s/ Hubert X. GilrQY. Esq. Custody Conciliator f./ 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 TIlE 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 -~~:#' -:-~ "''v. ... "'b I#-hc-C' .~ ~ ~ ~ ~C'h(".C' ~ p~ /P7~1V 4 ~ hC'.;'C'.c \ \17. "33 ~QUl \1 :z lob - CI ~"; I I ::j',..!l :l0 ' ,. '1"'-" -,"'(..\ I U""'~l ..~, I.... 1~,,:.i,\1 "~t.~'~;: ~~\(>_ ~,~\T\U ANN SHAMBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW v. No. 04-641 THOMAS H. SHAMBAUGH, Defendant IN DIVORCE/CUSTODY . STIPULATION I. Plaintiff (hereinafter "Mother") Ann Shambaugh, is an adult individual currently residing at 119 East Willow Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant (hereinafter "Father") Thomas H. Shambaugh, is an adult individual currently residing at 276 Walnut Bottom Road, Carlisle, Cumb(~rland County, Pennsylvania, 17013. 3. Mother and Father are the natural parents of Megan Michelle Shambaugh, born January 17, 1995. 4. The child was born during the course of the parties' marriage. 5. Mother currently resides with the child. 6. Father currently resides by himself. 7. For the past five years, the child has resided at the following addresses with the following persons: List All Persons List All Addresses Dates Thomas & Ann Shambaugh 119 E. Willow St. Carlisle, P A 17013 5/95 to 1-12-04 Ann Shambaugh 119 E. Willow St. Carlisle, PA 17013 1-12-04 to Present 8. Mother and Father have not participated as parties in other litigation concerning the custody ofthe child in another court. Mother and Father have no knowledge of any other c:ustody proceedings concerning the child pending in any court of this Commonwealth. Mother and Father do not know of any other people not a party to these proceedings who have physical custody of the child and claim to have custody or visitation rights with respect to the child. 9. Both parties agree that the following Court Order for Custody is in the child's best interests. 10. Mother is currently represented by Mark F. Bayley, Esquire; Father is currently unrepresented. WHEREFORE, the parties respectfully request that the Court enter the following Order; a. Plaintiff (hereinafter Mother) and Defendant (hereinafter Father) shall have shared legal custody of their minor child, Megan Michelle Shambaugh, born January 17, 1995. b. Mother shall have primary physical custody of the child subject to 10. Consented to: 3 \ vY\u- O~ Date Lj-! - Oc(_ Date I Il,.rr I 0'-1 Date if-I -Or.; Date Father's periods of partial physical custody and/or visitation as agreed upon by the parties. ~c Mark F. Bayley, Esquire ~lcl~ Thomas M. Shambaugh L;y; r'~'JH)..J'-'-D ) ~ ) ~ Thomas M. Sham augh (") c: ~.. (J~-oCj 9"?tr.; Zf."~ (r) "T" ~~]l:; -;/C" ~~Cl .J>C- ~ ....., <= r-=> .r- >- -" :;0 I o -n -I ~i:n ~ ~fm :oy 0' _..tC) ~~l~~ r.:.-rn --' j;: :},J -< v :x ~ -.r v. A~P/O 2 2004 IN THE COURT OF COMMON PLEAS or . CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION LA W If ANN SHAMBAUGH, Plaintiff THOMAS H. SHAMBAUGH, Defendant No. 04-641 IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this ~ day of "9-- ,.,' I , 2004, based on the Stipulation of the Parties, the CoUrt hereby Orders as follows: I. Plaintiff (hereinafter Mother) and Defendant (hereinafter Father) shall have shared legal custody of their minor child, Megan Michelle Shambaugh, born January 17, 1995. 2. Mother shall have primary physical custody of the child subject to Father's periods of Partial physical custody and/or visitation as agreed upon by the parties. /l 1. /,~ /~.o..A.. , 1'\ ~.O o \~J',,\":Jt:!l,~;t\'N ?Id "\",,n " .",.....,,,'" ;\..\.1'1\ \'1,'<1 ,-" < ",,,,<1/\,\ \V L'I :0 \:\! L - (jd~ ~UUZ ,.,......,\_\",-"" -~' '\.:\0 II..,.U\:,~U\\'\J ',.l..U,:YJ -,\"". ":<>:>.;O,"{Jf\I::\ APR U 8 2004 V ANN SHAMBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANII> COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW THOMAS H. SHAMBAUGH, Defendant NO. 04-641 IN CUSTODY COURT ORDER lr~ AND NOW, this S- day of April, 2004, the conciliator being advised that the parties have reached an agreement, the conciliator relinquishes jurisdiction. u;!~j1 Huber X. Gil , Esquire Custody C ciliallor "> c:::::;. 0 t::-,:, ~ .l"J 27 :;! i:i'i::r:; ....v r-- - -,:.,1,; -- :,:'-j(:' t...." r ( " :1[;, -,.',. .... S- ~ ;'f-- '. r:;; r;< <- _., -< en C:> , ANN SHAMBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW v. No. 04-641 THOMAS H. SHAMBAUGH, Defendant IN DIVORCE/CUSTODY PRAECIPE TO WlTHDRA W COMPLAINT To the Prothonotary: I. The undersigned parties have stipulated to withdraw the above-captioned divorce complaint. (Stipulation attached at Exhibit "A"). 2. Kindly withdraw and discontinue said complaint at this time. Date: I ~ ) odp . ANN SHAMBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION LAW v. No. 04-641 THOMAS H. SHAMBAUGH. Defendant IN DIVORCE/CUSTODY STlPULA TION TO WITHDRAW COMPLAINT AND NOW, come Plaintiff, Ann Shambaugh, and Defendant, Thomas Shambaugh, and agree to enter into the following Stipulation: I. The undersigned parties agree to withdraw the Divorce Complaint relating to the above-captioned matter. :;:;; ,;<0 -- tJ 0 QVVV\ ~~l~ , . Ann Shambaugh Date / - J, 0 -0(, Date ~~~ Thomas Shambaugh e x..H/ 13fT "A" o ~~~ .....c~ l :'1' ,-..".,- r f) .. ~- c-::: . -.:.... ....,., c=> <;;,;;;;J 0"' <- ".. Z W ~ .-4 ffi;!! --op:j ~OT 00 ::.::;:J -ri ,- ::D ~~~ (~ /~rn S?, "']:::0- ~ -0 :x w