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HomeMy WebLinkAbout04-1468JASON T. WARREN, Plaintiff VS. JAIME L. WARREN, Defendant : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. o t./. ]t~(,~ CivilTerm : : ACTION 1N DIVORCE 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. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 JASON T. WARREN, Plaintiff VS. JAIME L. WARREN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Oq~' t~~'~ CivilTerm ACTION IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Jason T. Warren, a competent adult individual, who has resided inNew Cumberland, Cumberland County, Pennsylvania, 17070, since December 2003. 2. Defendant is Jaime L. Warren, a competent adult individual, who has resided at 4 Pine Hill Road, Mechanicsburg, Cumberland County, 17055, Pennsylvania, since 2003. 3. Plaintiff and Defendant have been bona fide residents of thc Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on October 31, 2000 in Chesterfield County, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiffhas 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. 7. Plaintiff and Defendant have three children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Fomes of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiffrequests this Honorable Court to enter a decree in divorce. COUNT II - CUSTODY 11. Items 1 - 10 are herein incorporated by reference. 12. The parties are the natural parents of Sandra Lynn Warren, date of birth 10/4/97, Austin Mackenzie Warren, date of birth 1/8/00, and Zachary Thomas Warren, date of birth 3/22/02. 13. Plaintiff has filed a custody petition under the above-captioned docket number. WHEREFORE, Plaintiff is requesting this Honorable Court to enter a custody order regarding the minor children. Date: Respectfully submitted, 3.f~South Pitt Street /,_..~/Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 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 unswom falsification to authorities. Jaso~ T. Warren, Plaintiff JASON T. WARREN, Plaintiff VS. JAIME L. WARREN, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04 - 1468 Civil Term : : ACTION IN DIVORCE : AFFIDAVIT OF SERVICE AND NOW, this April 12, 2004, I, Jane Adams, Esquire, hereby certify that on April 8, 2004, a certified tree copy of the NOTICE TO DEFEND AND COMPLAINT IN DIVORCE were served, via certified mail, return receipt requested, addressed to: Jaime L. Warren 4 Pine Hill Road Mechanicsburg, Pa. 17050-1625 DEFENDANT Respectfully Su~t~itte~/~ ~//Jjh~e Ada~ms, Esq ' ~D. No. 79465 36 South Pitt Street Cmlisle, ]?a. 17013 (717) 245-8508 ATTOrnEY FOR PL~TIFF · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space perm[ts. (Trans PS Fora Signature Is delivery address different from J 17 L~yes~6 [f YES, enter daiivery address b~low: [] No i Service Type a Certified Mall [] Express Mail r'l Registered [] Return Receipt for Merchandise [] insured Mai[ [] C.O.D. 2595-02-M-1540 UNITED STATES POSTAL , I : I Emt-r'~-~,~ Uoil ' )' "~ J t ~1t, ~ ! ', '~J';Pestage"~,~Fees Pa,dj / ~ ! 'I ; Pe~:n~lt NO. ,G-.I 0 · Sender: Pleas~ame, a(dr~, a~d ZIP~ ~'~ ~X * JASON T. WARREN, Plaintiff VS. JAIME L. WARREN, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04 - 1468 Civil Term : : ACTION IN DIVORCE STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this/~day of ~"~/~..~ , 2004, by and between JAIME L. WARREN, (Hereinafter referred to as "Mother"), of Mechanicsburg, Pennsylvania, and JASON T. WARREN, (Hereinafter referred to as "Father"), of New Cumberland, Pennsylvania; WHEREAS, Mother and Father are the natural parents of three minor children, namely: Sandra Lynn Warren, date of birth, October 4, 1997 Austin Mackenzie Warren, date of birth, January 8, 2000 Zachary Thomas Warren, date of birth, March 22, 2002; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Ce,mmon Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Heating. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. ~ Mother and Father shall have joint liegai custody of their children. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their children, including educational, medical, and religious decisions. Both parents shall he entitled to equal access to the children's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of the children's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's.day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have a block of time with the children every other weekend. Father shall have additional periods of partial custody with the children as the parties mutually agree. Nothing in this. agreement shall keep the parties from mutually agreeing to additional periods of partial custody for father. 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. 5. On o'm Relationshi . Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the present of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone nuinbar to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 6. Illness of the Child. 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 the child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing 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 possible. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent x~ith the medical care of the child. 7. Welfare of the Child 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 Agreement. 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. 8. Bindin~ Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties ihercto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so 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 schedule shall be. 9. ~ Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforc__ement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 11. Entire A reement. This Agreement contains the: entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. 1N WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: JAII~ L. WARREN, Mother ON T. WARREN, Father Witr~,x~ JASON T. WARREN, Plaintiff VS. JAIME L. WARREN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. I~)CI''-' [k-~'<~'' Civil Term : ACTION IN DIVORCE ORDER AND NOW, this ~[~ l~day of ~ ,20O4, having reviewed the attached agreement between the parties dated July 16th, 2004, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of CCi . t~ane Adams, Esquire, for Father v~$aime L. Warren, Mother JASON T. WARREN, Plaintiff VS. JAIME L. WARREN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. (29c/t- [{./~' Civil Term ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on April 6, 2004. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety 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 verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Date: or/T. War;reft, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE D]IVORCE CODE 1. I consent to entry ora final decree of divorce without notice. 2. I understand that 1 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification, to authorities. Date: '~ ~ / 3'~ O ~ j~.O~.~e]~.'~ ~ as{In . ~arren, Plaintiff JASON T. WARREN, Plaintiff VS. JAIME L. WARREN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. (~ ~- 1(4~, ~ Civil Tema ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divome Code was filed on April 6, 2004. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety 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 verify that the statements made in this affidavit are true and currect. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Jaimff~L. Warren,~)ef~ndant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301¢e} AND ~3301(d/OF THE DIVORCE CODE 1. I consent to entry ora 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 bc 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. §4904 relating to ~mswom falsification to authorities. ate: 7" t3--a Jaime ~)'Warren, DefEndant JASON T. WARREN, Plaintiff VS. JAIME L. WARREN, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04 - 1468 Civil Term ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following intbrmation to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail, restricted delivery, return receipt requested, delivered on: April 8, 2004. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: By Defendant: 4. Related claims pending: None. July 13, 2004. July 13, 2004. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 15, 2004. Date PlaintiWs Waiver of Notice in §3301(c) D!ivorce was filed with the Prothonotary: July 15, 2004. Date: 5. /£ oq ~ Re~sp~ec t ful lY~31)bm~ Adam , Esquir J.D. No. 79465 36 S. Pi[tt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS Jason T. Warren, Plaintiff VERSUS Jaime L. Warren, Defendant OF CUMBERLAND COUNTY STATE OF .~.. PENNA. No. 04 - ]468 Civil Tema NO. DECREE IN DIVORCE: DECREED THAT Jaime L. Warren 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 FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None.