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HomeMy WebLinkAbout08-4877Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KATHY JO SHOAFF, Plaintiff V. MICHAEL W. SHOAFF, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS CIVIL ACTION - LAW IN DIVORCE 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 pages 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 Courthouse, 1 Courthouse Square, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, Pennsylvania 17013 Telephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D8 -1877 ei"i I -Rrm AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I. D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KATHY JO SHOAFF, Plaintiff V. MICHAEL W. SHOAFF, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, KATHY JO SHOAFF, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, MICHAEL W. SHOAFF: 1. The Plaintiff is KATHY JO SHOAFF, an adult individual, residing at 313 Manchester Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is MICHAEL W. SHOAFF, an adult individual, residing at 417 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant were married on November 6, 1999, in Cumberland County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0?- -Y'S" 77 cJvz) CIVIL ACTION - LAW of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties separated July 31, 2008. 8. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree of Divorce under Section 3301(c) of the Divorce Code. COUNT X- CUSTODY 9. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 8 inclusive, of the Complaint as if the same were set forth herein at length. 10. The Plaintiff and Defendant are married and are the parents of one (1) minor child: TYLER M. SHOAFF, born May 2, 2001. 11. The child was born in wedlock. 12. Plaintiff seeks to confirm custody of the parties' son, as provided in their custody stipulation dated July 31, 2008. 13. For the last five years the child's residence has been as follows: A. From 1999 to July 31, 2008 with both parents at 313 Manchester Road, Camp Hill, Pennsylvania. B. From July 31, 2008 to date, the child has resided with Mother at 313 Manchester Road, Camp Hill, Pennsylvania and with Father at 417 Kent Drive, Mechanicsburg, Pennsylvania in accord with the schedule set for in the parties Custody Stipulation executed July 31, 2008. 14. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 15. The Plaintiff has no information of a custody proceeding concerning the child pending in any court of this Commonwealth or any other state. 16. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. 18. Mother and Father negotiated a parenting plan, as reflected in the Custody Stipulation attached hereto, that focuses the parents making decisions together and serving the child's best interests. The stipulation documents the parents' agreement that their Agreement be entered into an Order of Court. 19. The best interest of permanent welfare of the child will be served by granting the relief requested because: A. The child needs frequent and continuing contact with both of his parents. B. The parents do no require the intervention of the Court to make decisions regarding their son. WHEREFORE, the Plaintiff, KATHY JO SHOAFF, respectfully requests this Honorable Court to enter an Order confirming the terms of their Custody Stipulation JOHNSO IE, STEWART & WEIDNER L?- Melissa Peel Greevy VERIFICATION I, KATHY JO SHOAFF, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: 0113 D? KATHY JO AF :340253 pu? C, ? d _ Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KATHY JO SHOAFF, Plaintiff V. CIVIL ACTION - LAW MICHAEL W. SHOAFF, IN DIVORCE Defendant AFFIDAVIT KATHY JO SHOAFF, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. OOY Date: R//-3 KATH JO S A F Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - L 7? er14 r,a - w 7r.-, , r-fl i= _ - - rn GF7 "? Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KATHY JO SHOAFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No NO. g9#71 -rem v. CIVIL ACTION - LAW MICHAEL W. SHOAFF, IN DIVORCE Defendant ORDER OF COURT AND NOW, upon consideration of the attached Custody Stipulation, it is hereby ORDERED and DIRECTED as follows: 1. Legal Custody. The parents, Kathy Jo Shoaff and Michael W. Shoaff shall have shared legal custody of the minor child, Tyler M. Shoaff, born May 2, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother and Father shall follow the alternating week schedule set forth below for the months of the school year: A. Week one: Commencing the first week of the school year, Father will have custody from Thursday after school until Sunday at 7:00 p.m. B. Week two: Commencing the second week of the school year, Father will have custody from after school Tuesday until Thursday when Tyler goes to school . C. When Father does not have custody, Mother will have custody. 3. Summer Schedule: Mother and Father agree that they shall follow the schedule set forth below effective July 30, 2008 for the weeks of the summer school recess: A. August 2008: Mother will have custody the weekends of August 1, and 15, 2008 from Friday after work until Monday at 7:30 a.m. Father will have custody the weekends of August 8 and 22, 2008 from Friday after work until Monday at 7:30 a.m. Father will have custody August 4, 5, 13, 14, 18, and 19. Mother will have custody August 6, 7, 11, 12, 20, and 21. The school year schedule shall commence August 24, 2008 at the conclusion of Father's weekend. B. Commencing Summer 2009: The summer schedule shall be adjusted to an alternating week schedule with exchanges on Fridays after work, commencing with the Friday after school is out for the summer, or on the day school is out, if school is dismissed on a Friday. The parent whose weekend it would be under the school year schedule shall have the first custodial week under the summer schedule. If there is an odd number of weeks in the summer, the week will be shared by the parties mutual agreement. Commencing the Sunday before the first day of School, the parties will return to the school year schedule in paragraph 3, above. 5. Holidays. The parties agree the following attached holiday schedule shall supersede the regular schedule. 6. Vacation. The parties shall endeavor to schedule their vacations on their custodial weeks. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 7. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition and shall ensure that the child does not ride in a vehicle operated by any one who is under the influence of alcohol or drugs. 8. The parties may make adjustments and vary the schedule by their mutual agreement. However, in the event they do not agree, the terms of this Order shall control. 9. This Order is entered based on the mutual consent of the parties. 340253 Date: BY THE COURT: J Distribution: Melissa Peel Greevy, Esqurie P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 Michael W. Shoaff 417 Kent Drive, Mechanicsburg, PA 17055 CUSTODY STIPULATION This Agreement, is made between Michael W. Shoaff, hereinafter called "Father' and Kathy Jo Shoaff, hereinafter called "Mother' WITNESSETH: WHEREAS, the parties hereto, are the parents of one child, Tyler M. Shoaff, born May 2, 2001. WHEREAS, the parties agree that it is in the best interest of the child that they, as parents, make decisions regarding the parenting plan for their child; WHEREAS, the parties separate intend to separate on or about July 31, 2008; WHEREAS, the parties wish to confirm their agreement with regard to the parenting schedule and shared responsibilities for their child; and WHEREAS, the parties intend that their agreement be formalized into an Order of Court; NOW THEREFORE, Mother and Father, each intending to be legally bound hereby, covenant and agree as follows: 1. The above stated background is incorporated herein by reference and made a part of this Stipulation. 2. Legal Custody. The parents, Kathy Jo Shoaff and Michael W. Shoaff shall have shared legal custody of the minor child, Tyler M. Shoaff, born May 2, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody. Mother and Father agree that they shall follow the alternating week schedule set forth below effective upon Father vacating the marital residence to reside at 417 Kent Drive in Mechanicsburg, Pennsylvania, and that the schedule set forth below is in the best interest of the child for the months of the school year: A. Week one: Commencing the first week of the school year, Father will have custody from Thursday after school until Sunday at 7:00 p.m. B. Week two: Commencing the second week of the school year, Father will have custody from after school Tuesday until Thursday when Tyler goes to school . C. When Father does not have custody, Mother will have custody. 4. Summer Schedule: Mother and Father agree that they shall follow the schedule set forth below effective upon Father vacating the marital residence to reside at 417 Kent Drive in Mechanicsburg, Pennsylvania, and that the schedule set forth below is in the best interest of the child for the months of the summer school recess: A. August 2008: Mother will have custody the weekends of August 1, and 15, 2008 from Friday after work until Monday at 7:30 a.m. Father will have custody the weekends of August 8 and 22, 2008 from Friday after work until Monday at 7:30 a.m. Father will have custody August 4, 5, 13, 14, 18, and 19. Mother will have custody August 6, 7, 11, 12, 20, and 21. The school year schedule shall commence August 24, 2008 at the conclusion of Father's weekend. B. Commencing Summer 2009: The summer schedule shall be adjusted to an alternating week schedule with exchanges on Fridays after work, commencing with the Friday after school is out for the summer, or on the day school is out, if school is dismissed on a Friday. The parent whose weekend it would be under the school year schedule shall have the first custodial week under the summer schedule. If there is an odd number of weeks in the summer, the week will be shared by the parties mutual agreement. Commencing the Sunday before the first day of School, the parties will return to the school year schedule in paragraph 3, above. 5. Holidays. The parties agree the following attached holiday schedule shall supersede the regular schedule. 6. Vacation. The parties shall endeavor to schedule their vacations on their custodial weeks. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 7. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition and shall ensure that the child does not ride in a vehicle operated by any one who is under the influence of alcohol or drugs. 8. The parties agree that they may make adjustments and vary the schedule by their mutual agreement. However, in the event they do not agree, the terms of the agreement shall control. 9. The parties agree and intend that this Agreement be entered into an Order of Court based on their mutual consent. C=Lz! ?12?'227-' - VP itne s Ka y Jo Shoaff 31 Date ?????n(?LZ?S?Q o r Witness Michael W. Shoaff/ 7 / 3 1 1, D to :339175 HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1St Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to 6pm Father Mother he day after Thanksgiving Day Christmas 1St Half From 9am on 12/24 to 3pm on 12/25 Father Mother Christmas 2nd Half From 3pm on 12/25 to 3pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday C ry-71 c? ?? M 't? Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KATHY JO SHOAFF, Plaintiff V. MICHAEL W. SHOAFF, Defendant Attorneys for Plaintiff AUG 15 2008p IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. a - N811 Nil ?e-,.ft, CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, upon consideration of the attached Custody Stipulation, it is hereby ORDERED and DIRECTED as follows: 1. Legal Custody. The parents, Kathy Jo Shoaff and Michael W. Shoaff shall have shared legal custody of the minor child, Tyler M. Shoaff, born May 2, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother and Father shall follow the alternating week schedule set forth below for the months of the school year: A. Week one: Commencing the first week of the school year, Father will have custody from Thursday after school until Sunday at 7:00 p.m. B. Week two: Commencing the second week of the school year, Father will have custody from after school Tuesday until Thursday when Tyler goes to school . C. When Father does not have custody, Mother will have custody. 3. Summer Schedule: Mother and Father agree that they shall follow the schedule set forth below effective July 30, 2008 for the weeks of the summer school recess: A. August 2008: Mother will have custody the weekends of August 1, and 15, 2008 from Friday after work until Monday at 7:30 a.m. Father will have custody the weekends of August 8 and 22, 2008 from Friday after work until Monday at 7:30 a.m. Father will have custody August 4, 5, 13, 14, 18, and 19. Mother will have custody August 6, 7, 11, 12, 20, and 21. The school year schedule shall commence August 24, 2008 at the conclusion of Father's weekend. B. Commencing Summer 2009: The summer schedule shall be adjusted to an alternating week schedule with exchanges on Fridays after work, commencing with the Friday after school is out for the summer, or on the day school is out, if school is dismissed on a Friday. The parent whose weekend it would be under the school year schedule shall have the first custodial week under the summer schedule. If there is an odd number of weeks in the summer, the week will be shared by the parties mutual agreement. Commencing the Sunday before the first day of School, the parties will return to the school year schedule in paragraph 3, above. 5. Holidays. The parties agree the following attached holiday schedule shall supersede the regular schedule. 6. Vacation. The parties shall endeavor to schedule their vacations on their custodial weeks. The parties shall provide each other with at least a thirty-day notice of their planned vacation time. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 7. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition and shall ensure that the child does not ride in a vehicle operated by any one who is under the influence of alcohol or drugs. 8. The parties may make adjustments and vary the schedule by their mutual agreement. However, in the event they do not agree, the terms of this Order shall control. 9. This Order is entered based on the mutual consent of the parties. :340253 BY THE COURT: Date: 8 06 ?* -? J Distribution: ,4elissa Peel Greevy, Esqurie P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 Wichael W. Shoaff 417 Kent Drive, Mechanicsburg. PA 17055 A ,, .o :-i d SI gnvow Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KATHY JO SHOAFF, Plaintiff V. MICHAEL W. SHOAFF, Defendant RETURN OF SERVICE CIVIL ACTION - LAW IN DIVORCE AND NOW, thi day of August, 2008, the undersigned does hereby certify that on August 20, 2008, the Divorce Complaint filed August 14, 2008 in the above captioned action was served upon on Defendant, Michael W. Shoaff, via certified mail return receipt requested, restricted delivery, addressed to 417 Kent Drive, Mechanicsburg, PA 17055, the Return Receipt evidencing service upon Defendant is attached hereto as Exhibit A. STEWART & WEIDNER Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4877 CIVIL TERM M61issa Peel Greevy I.D. No. 77950 Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Plaintiff CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Return of Service upon all parties or counsel of record by depositing a copy of same i the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on t day of August, 2008, addressed to the following: Michael W. Shoaff 417 Kent Drive Mechanicsburg, PA 17055 JOHNSQP, DWFIE, STEWART & WEIDNER By; Peel Greevy :342379 ¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery Is desired, ¦ P i t x r ent r n your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece b? (Pd,? ft y , or on the front if space permits. rG 1. Article Addressed to D. Is delivery address different from item 17 Y I M I C?1QP? ?/l? ? ?j ?0. -? f If YES, enter delivery address below; O?ffo I 4n VeKi Dr% ve.. M&-tAaPUtcs &r, ?) //'?? 3. Service Type X Certified Mail ? Express Mail i 0 Registered 0 Return Receipt for Merchandise ( ? V?? 0 Insured Mail 0 C.O.D. v 4. Restricted Wivep/1(Extra roe) yw 2. Article Number 7007 0710 (r nsfw ftm swvke AftO 0002 9649 1867 Ps Form 3811, February 2004 Domestic Return Receipt ?, c c Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I. D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KATHY JO SHOAFF, Plaintiff, V. MICHAEL W. SHOAFF, Defendant. AFFIDAVIT OF CONSENT IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 14, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. 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 of Divorce without notice. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4877 CIVIL TERM CIVIL ACTION - LAW 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above 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: 11 / 'Y' O MICHAEL W. SHOAFF :351296 C x]177 C' .J J . C J Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KATHY JO SHOAFF, Plaintiff, V. MICHAEL W. SHOAFF, Defendant. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 14, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4877 CIVIL TERM 1. I consent to the entry of a final Decree of Divorce without notice. IF 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above 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: JO KAYHY J H AFF ?y ro :351296 rv C 1 C . 4W Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KATHY JO SHOAFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-4877 MICHAEL W. SHOAFF, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: August 20, 2008 - Certified U.S. Mail 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff on December 2, 2008, by Defendant on November 26, 2008. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was signed on was December 2, 2008 and is filed with the Prothonotary herewith: Date Defendant's Waiver of Notice in § 3301(c) Divorce was signed on was November 26, 2008 and is filed with the Prothonotary herewith.: Date:/ JOHNSON, DUFFIF-, STEWART & WEIDNER Melissa Peel Greevy 351298 +^.., ?-? ?? "i? ?? r7 C'.7 ' .. ?F : _? .;7?'?1 Ca _ .? ..? :I; ., ' _l .. -.i ,,.,,, . -t °C IN THE COURT OF COMMON PLEAS OF KATHY JO SHOAFF, CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL W. SHOAFF, NO. 08-4877 DIVORCE DECREE AND NOW, s.e,vnb e.,r 15, oQ , it is ordered and decreed that KATHY JO SHOAFF, plaintiff, and MICHAEL W. SHOAFF defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendent elite if any economic: claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None."} None By the Court: Attest: J. Prothonotary t . rX?+ r f ' ?. ?•. .a