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HomeMy WebLinkAbout09-1839By: Stephen J. Barcavage, Esquire Owens Barcavage & McInroy, LLC ID # 78867 2000 Linglestown Road Suite 303 Harrisburg, PA 17110 717-909-2500 Attorney for Plaintiff JAMIE KAYE BLOSSER, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 0q-'Ig3y1 NICKOLAS BLOSSER, Defendant DIVORCE ACTION 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 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 divorce is indignities or irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO A EN CORTE. Si usted desea defenderse de las demandas que se presentan mis adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6xnnos veinte (20) dias despu6s de la notificaci6n 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 acci6n 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 reclamaci6n 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 USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 By: Stephen J. Barcavage, Esquire Owens Barcavage & McInroy, LLC ID # 78867 2000 Linglestown Road Suite 303 Harrisburg, PA 17110 717-909-2500 Attorney for Plaintiff JAMIE KAYE BLOSSER, Plaintiff VS. NICKOLAS BLOSSER, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. U 9- l P3 9 ? /.e& DIVORCE ACTION COMPLAINT IN DIVORCE AND NOW comes Jamie Kaye Blosser, by and through her counsel, Owens Barcavage & McInroy, LLC, who represents as follows: COUNT I -DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Jamie Kaye Blosser, is an adult individual, who currently resides at 410 Brick Church Road, Enola, Pennsylvania 17025. Plaintiffs date of birth is April 12, 1979, and Plaintiffs social security number is 194-64-4516. 2. Defendant, Nickolas Blosser, is an adult individual, who currently resides at 304 South Enola Drive, Enola, Pennsylvania 17025. Defendant's date of birth is February 03, 1980, and Defendant's social security number is 197-60-1816. 3. Plaintiff avers that she has been a bonafide resident in the Commonwealth of Pennsylvania of a period of at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 01, 2001, in Cumberland County, Enola, Pennsylvania. 5. Plaintiff avers that there is one child of the parties under the age of 18, namely: Ellie Kaye Blosser, born on June 23, 2004. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. 7. There have been no other prior actions of divorce or annulment filed by either of the parties hereto. 8. Plaintiff is aware of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 9. The marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant. COUNT U - CUSTODY 11. The parties seek joint custody of the following child: Name Present Residence Age Ellie Kaye Blosser 410 Brick Church Road, 4 Enola, Pennsylvania 17025 12. The child was born of the marriage. 13. The child is presently in the custody of the Plaintiff who resides at the above referenced address. 14. The Mother of the child is the Plaintiff. She is currently separated from the Defendant. 15. The Father of the child is the Defendant. He is currently separated from Plaintiff. 16. The Parties have entered into a shared legal and physical custody agreement which is attached hereto and marked as Exhibit "A." 17. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning custody of the child in this or another Court. 18. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of the Commonwealth or any other state. 19. 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. 20. The best interest and permanent welfare of the child will be served by granting the relief requested. 21. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff prays this Honorable Court to grant legal and physical custody of the child in accordance with the Custody Agreement executed by the Parties. OWENS BARCAVAGE & McINROY, LLC E Dated: March 24, 2009 2000 Linglestown Road Suite 303 Harrisburg, PA 17110 717-909-2500 VERIFICATION I, Jamie Kaye Blosser, hereby state and aver that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. 3 0? / Jamie Kaye Blosser By: Stephen J. Barcavage, Esquire OWENS BARCAVAGE & MCINROY 2000 Linglestown Road Harrisburg, PA 17112 (717) 909-2500 Jamie Blosser, Plaintiff V. Nickolas Blosser, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. : CIVIL ACTION - CUSTODY AGREEMENT AS TO CUSTODY OF THE MINOR CHILD THIS AGREEMENT is made the _ day of , 2009, by and between: Nickolas Blosser, hereinafter referred to as "Father" and Jamie Blosser, hereinafter referred to as "Mother" WHEREAS, the parties have given serious consideration to the future welfare of the minor child, Ellie Kaye Blosser, (DOB: June 23,2004), hereby agree as follows: 1. Legal Custody. Legal custody of the minor child shall be shared by the Parties. Joint legal custody means the right of the parties to share in making decisions of importance in the life of the child, including educational, medical and religious decisions. The parties shall be entitled to equal access to the child's school, medical and dental records. As soon as practical after the receipt by a party, copies of the child'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 the child with health care providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major decisions involving the child's day to day living shall be made by the parry then having custody, consistent with the other provisions of this Agreement. 2. Physical Custody. Physical custody of the minor child shall be shared by the Parties as follows: A. Week 1 - Father shall have physical custody beginning the weekend of Saturday, January 3, 2009 from 3:00 p.m. until Wednesday, January 7, 2009 at 12:00 p.m. Mother shall have physical custody beginning on Wednesday, January 7, 2009 at 12:00 p.m. until Sunday, January 11, 2009 at 12:00 p.m., B. Week 2 - Father shall have physical custody beginning Sunday, January 11, 2009 at 12:00 p.m. until Wednesday, January 14, 2009 at 12:00 p.m. Mother shall have physical custody beginning on Wednesday, January 14 until Saturday, January 13, 2009 at 3:00 p.m.; and C. The parties agree that the above schedule will alternate between week 1 and week 2. 3. Christmas. The Parties shall share physical custody equally (50/50) during Christmas Day when it is not their scheduled day (3:00 p.m. - 9:00 p.m.). 4. Birthday of Minor Child. The Parties shall share physical custody equally (50/50) during Minor Child's Birthday when it is not their scheduled day (3:00 p.m. - 9:00 p.m.). 5. Alternate Holidays. The Parties shall share physical custody equally (50/50) during the legal holidays of New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving when it is not their scheduled day (3:00 p.m. - 9:00 p.m.). 6. Vacation. Each Party is allowed one week vacation each year with Minor Child during their scheduled vacation time, provided one (1) month notice is given. 7. Transportation. Transportation shall be shared by the Parties, with the Parent who is to receive custody at the time of the exchange to provide for transportation from the residence 2 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, nor be under the influence of any alcoholic beverages while transporting the child. 8. Mother's Day and Father's Day. The child shall spend Mother's Day with Mother and Father's Day with Father, from 9:00 a.m. until 8:00 p.m. regardless of the regular schedule of custody. 9. Income Tax Returns. Mother will be able to claim the child on her income tax returns in even numbered years beginning with tax year 2008. 10. Extracurricular Activities. The parties shall provide the other with at least forty- eight (48) hours advance notice of school or other activities whenever possible. The parties shall agree to honor and participate in the activities that the child wishes to engage in. During the times that the parties have custody of the child, they will make certain that the child attends any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. In the event that the custodial party is unable to deliver the child to the particular activity, the party who has custody of the child at that time shall notify the non-custodial party, who shall be entitled to pick up and deliver the child to the designated activity. The custodial party shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. 11. Telephone Calls. All parties are urged to use common sense in scheduling telephone calls to talk to the child. All parties are hereby directed to refrain from preventing the 3 party who may be calling from talking to the child, or preventing the child from calling the other party, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the child's schedule. 12. Disparaging?Remarks. All parties and any third party in the presence of the child shall take all measures deemed advisable to foster a feeling of affection between the child and the other party. None of the parties shall do nor shall any party permit any third person to do or say anything which may estrange the child from any party, their spouse or relatives, or injure the child's opinion of the other party or which may hamper the free and natural development of the child's love and respect for all of the parties. The parties shall not use the child to send verbal messages to the other parties about the custody situation or changes in the custody schedule. 13. Mutual Consultation. The Parties shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child's education and social adjustments. Each party is directed to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and the custody situation. Each party shall supply the name, address and phone numbers of any persons in whose care the child will be for a period in excess of seventy two hours, and for each person or entity which may provide day care for the child, excluding current day care providers, relatives, or public school institutions. 14. Illness of Child. Emergency decisions regarding the child shall be made by the party 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 immediately communicate 4 with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other party 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 child to bed in for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. 15. Welfare of Child To Be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. The parties are directed to listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 16. Modification of Agreement. The parties are free to modify the terms of this Agreement if the parties are in complete agreement to any new terms. That means the parties must consent on what the new terms of the custody arrangement or schedule shall be. 17. Order of Court. This Agreement shall be made a part of the Order of Court. IN WITNESS WHEREOF, the parties hereto set their hands to this Agreement on the date above-mentioned. Witness: 5 Jamie Blosser, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. Nickolas Blosser, : CIVIL ACTION - CUSTODY Defendant ORDER AND NOW, TO WIT, this day of 2009, the within Agreement as to Custody of the Minor Child having been signed and acknowledged by the respective parties thereto, the terms and conditions of the aforesaid Agreement are hereby adopted as the Order of this Court. BY THE COURT, J. Distribution: ?, w By: Stephen J. Barcavage, Esquire Owens Barcavage & McInroy, LLC ID # 78867 2000 Linglestown Road Suite 303 Harrisburg, PA 17110 717-909-2500 Attorney for Plaintiff JAMIE KAYE BLOSSER, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. bq - 8 39 Ct vi l ?rM NICKOLAS BLOSSER, Defendant DIVORCE ACTION AMENDED COMPLAINT IN DIVORCE AND NOW comes Jamie Kaye Blosser, by and through her counsel, Owens Barcavage & McInroy, LLC, who represents as follows: COUNT I -DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Jamie Kaye Blosser, is an adult individual, who currently resides at 410 Brick Church Road, Enola, Pennsylvania 17025. Plaintiffs date of birth is April 12, 1979, and Plaintiffs social security number is 194-64-4516. 2. Defendant, Nickolas Blosser, is an adult individual, who currently resides at 304 South Enola Drive, Enola, Pennsylvania 17025. Defendant's date of birth is February 03, 1980, and Defendant's social security number is 197-60-1816. 3. Plaintiff avers that she has been a bonafide resident in the Commonwealth of Pennsylvania of a period of at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 01, 2001, in Cumberland County, Enola, Pennsylvania. 5. Plaintiff avers that there is one child of the parties under the age of 18, namely: Ellie Kaye Blosser, born on June 23, 2004. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. 7. There have been no other prior actions of divorce or annulment filed by either of the parties hereto. 8. Plaintiff is aware of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 9. The marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant. COUNT II - CUSTODY 11. The parties seek joint custody of the following child: Name Present Residence Age Ellie Kaye Blosser 410 Brick Church Road, 4 Enola, Pennsylvania 17025 304 South Enola Drive, Enola, Pennsylvania 17025 12. The child was born of the marriage. 13. The child is presently in the custody of the Plaintiff and the Defendant who reside at the above referenced addresses. 14. The Mother of the child is the Plaintiff. She is currently separated from the Defendant. 15. The Father of the child is the Defendant. He is currently separated from Plaintiff. 16. The Parties have entered into a shared legal and physical custody agreement which is attached hereto and marked as Exhibit "A." 17. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning custody of the child in this or another Court. 18. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of the Commonwealth or any other state. 19. 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. 20. The best interest and permanent welfare of the child will be served by granting the relief requested. 21. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff prays this Honorable Court to grant legal and physical custody of the child in accordance with the Custody Agreement executed by the Parties. OWENS BARCAVAGE & McINROY, LLC By: e he arcavage, Esquire Atto ey for Plaintiff ID# 78867 2000 Linglestown Road Suite 303 Harrisburg, PA 17110 717-909-2500 Dated: May 6, 2009 VERIFICATION I, Jamie Kaye Blosser, hereby state and aver that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Jamie Kaye Blosser By: Stephen J. Barcavage, Esquire OWENS BARCAVAGE & MCINROY 2000 Linglestown Road Harrisburg, PA 17112 (717) 909-2500 Jamie Kaye Blosser, Plaintiff V. Nickolas Blosser, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - CUSTODY AGREEMENT AS TO CUSTODY OF THE MINOR CHILD THIS AGREEMENT is made the L"day of 2009, by and between: Nickolas Blosser, hereinafter referred to as "Father" and Jamie Blosser, hereinafter referred to as "Mother" WHEREAS, the parties have given serious consideration to the future welfare of the minor child, Ellie Kaye Blosser, (DOB: June 23,2004), hereby agree as follows: 1. Legal Custody. Legal custody of the minor child shall be shared by the Parties. Joint legal custody means the right of the parties to share in making decisions of importance in the life of the child, including educational, medical and religious decisions. The parties shall be entitled to equal access to the child's school, medical and dental records. As soon as practical after the receipt by a party, copies of the child'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 the child with health care providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major decisions involving the child's day to day living shall be made by the party then having custody, consistent with the other provisions of this Agreement. 2. Physical Custody. Physical custody of the minor child shall be shared by the Parties as follows: A. Week 1 - Father shall have physical custody beginning the weekend of Saturday, January 3, 2009 from 3:00 p.m. until Wednesday, January 7, 2009 at 12:00 p.m. Mother shall have physical custody beginning on Wednesday, January 7, 2009 at 12:00 p.m. until Sunday, January 11, 2009 at 12:00 p.m., B. Week 2 - Father shall have physical custody beginning Sunday, January 11, 2009 at 12:00 p.m. until Wednesday, January 14, 2009 at 12:00 p.m. Mother shall have physical custody beginning on Wednesday, January 14 until Saturday, January 13, 2009 at 3:00 p.m.; and C. The parties agree that the above schedule will alternate between week 1 and week 2. 3. Christmas. In odd numbered years, Father shall have custody Christmas Eve at noon through Christmas Day at noon, and Mother shall have custody Christmas Day at noon through December 26 h at noon. In even numbered years, Mother shall have custody Christmas Eve at noon through Christmas Day at noon, and Father shall have custody Christmas Day at noon through December 26th at noon. 4. Birthday of Minor Child. The Parties shall share physical custody equally (50150) during Minor Child's Birthday when it is not their scheduled day (3:00 p.m. - 9:00 p.m.). 5. Alternate Holidays. The Parties shall share physical custody equally (50150) during the legal holidays of New Year's Day, Easter, and Thanksgiving when it is not their scheduled day (3:00 p.m. - 9:00 p.m.). 6. Vacation. Each Party is allowed one week vacation each year with Minor Child during their scheduled vacation time, provided one (1) month notice is given. 7. Transportation. Transportation shall be shared by the Parties, with the Parent who is to receive custody at the time of the exchange to provide for transportation from the residence 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, nor be under the influence of any alcoholic beverages while transporting the child. 8. Mother's Day and Father's Day. The child shall spend Mother's Day with Mother and Father's Day with Father, from 9:00 a.m. until 8:00 p.m. regardless of the regular schedule of custody. 9. Income Tax Returns. Mother will be able to claim the child on her income tax returns in even numbered years beginning with tax year 2008. Father will be able to claim the child on his income tax returns in odd numbered years beginning with tax year 2009. 10. Extracurricular Activities. The parties shall provide the other with at least forty- eight (48) hours advance notice of school or other activities whenever possible. The parties shall agree to honor and participate in the activities that the child wishes to engage in. During the times that the parties have custody of the child, they will make certain that the child attends any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. In the event that the custodial party is unable to deliver the child to the particular activity, the party who has custody of the child at that time shall notify the non-custodial party, who shall be entitled to pick up and deliver the child to the designated activity. The custodial party shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. 11. Telephone Calls. All parties are urged to use common sense in scheduling telephone calls to talk to the child. All parties are hereby directed to refrain from preventing the party who may be calling from talking to the child, or preventing the child from calling the other party, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the child's schedule. 12. Disparaging Remarks. All parties and any third party in the presence of the child shall take all measures deemed advisable to foster a feeling of affection between the child and the other party. None of the parties shall do nor shall any party permit any third person to do or say anything which may estrange the child from any party, their spouse or relatives, or injure the child's opinion of the other party or which may hamper the free and natural development of the child's love and respect for all of the parties. The parties shall not use the child to send verbal messages to the other parties about the custody situation or changes in the custody schedule. 13. Mutual Consultation. The Parties shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child's education and social adjustments. Each party is directed to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and the custody situation. Each party shall supply the name, address and phone numbers of any persons in whose care the child will be for a period in excess of seventy two hours, and for each person or entity which may provide day care for the child, excluding current day care providers, relatives, or public school institutions. 14. Illness of Child. Emergency decisions regarding the child shall be made by the party then having custody. However, in the event of any emergency or serious illness of the child at any time, any parry then having custody of the child shall immediately communicate with the other parry by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parry 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 child to bed in for a period in excess of twenty-four (24) hours and which places the child under the direction of a licensed physician. 15. Welfare of Child To Be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. The parties are directed to listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 16. Modification of Agreement. The parties are free to modify the terms of this Agreement if the parties are in complete agreement to any new terms. That means the parties must consent on what the new terms of the custody arrangement or schedule shall be. 17. Order of Court. This Agreement shall be made a part of the Order of Court. IN WITNESS WHEREOF, the parties hereto set their hands to this Agreement on the date above-mentioned. Witness: ?,) . _?Lwp LI , ? Jamie Kaye Blosser 13 ickolas Blosser FILED-i. FlC; OF THE FRC)"' Iti %w)TAPY 2009 MAY -7 Pfd 12: 4G uV,21 ?' ?i ?Y P, Lr ~r~''~°f ~rc+ iee ~ -183q ' ^ Complete Items 1, 2, and 3. Also complete A. S ture item 4 if Restricted Delivery is desired. ~ ent • ^ 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, 1 B' ~~~ ~ (P ~ roams) d"~~ C. D v or on the front >f space permits. ~ 1. Article Addressed to: D. is delivery address different from item 1? If YES, enter delivery address below: ~ L ~o ~ .~o~~~ ~ ~no ~a ~r ~ ~ /~ O ! 0. ~/ ~ / ~ (~a4 J 3. Serve type ~ ,~ " ~'"n~M~" DExpreseMail `° RES fRlCTED ~ Re9late-ed ^ Retum Receipt for Merchandise ' ^ Insured Mail p C.O.D. 1 ~ 4. ResMcted Delivery? (Exha Fee) Yes k. 2. Art~le Number i ~~r~ser*~~ne~ 7008 2810 0002 0824 7034 ~ PS Form 3811, February 20 ece p A 10259 P ~I~~..~4,,~~; a of ~-~~ ~~,~;` , ~ ,~,~~,~~~~~~~ 2G09 BUG 3I ~w`~~ ~~ 3~ By: Stephen J. Barcavage, Esquire Owens Barcavage & McInroy, LLC ID # 78867 2000 Linglestown Road Suite 303 Harrisburg, PA 17110 717-909-2500 Attorney for Plaintiff JAMIE KAYE BLOSSER, : Plaintiff vs. NICKOLAS BLOSSER, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-1839 Civil Term DIVORCE ACTION AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 24, 2009. 2. An Amended Complaint in Divorce under §3301(c) of the Divorce Code was filed on May 7, 2009. 3. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and seraice of the Complaint. 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. Date: `~ ~ zti ~ ° 9 -uk~l ~- Nickolas Blosser Defendant F1~~G- ;.~=;~r 2~~~3 ~.~G 3 i ~'-.;~ ~~ ~~ CU~~;_ , , Y.i~, ~ j ~ P +`~ I t r i'ti By: Stephen J. Barcavage, Esquire Owens Barcavage & McInroy, LLC ID # 78867 2000 Linglestown Road Suite 303 Harrisburg, PA 17110 717-909-2500 Attorney for Plaintiff JAMIE KAYE BLOSSER, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 09-1839 Civil Term NICKOLAS BLOSSER, Defendant DIVORCE ACTION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &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. §4904 relating to unsworn falsification to authorities. Date: 8 124 ~ 09 ~y~~ ~ `~ Nickolas Blosser Defendant 24G9 ~:~~ ~ 1 f'' 2~ ~7 CUi .. 1 i J,~=. By: Stephen J. Barcavage, Esquire Owens Barcavage & McInroy, LLC ID # 78867 2000 Linglestown Road Suite 303 Harrisburg, PA 17110 717-909-2500 Attorney for Plaintiff JAMIE KAYE BLOSSER, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NICKOLAS BLOSSER, Defendant No. 09-1839 Civil Term DIVORCE ACTION AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 24, 2009. 2. An Amended Complaint in Divorce under §3301(c) of the Divorce Code was filed on May 7, 2009. 3. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 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. Date: 8`Vl~~ V l~ ~~~_ Jamie Kaye Blosser Plaintiff f ~~L~`~f..ir`~i~fl.~l... ZD09 ~Uu 31 F~~ ~~ 3~i By: Stephen J. Barcavage, Esquire Owens Barcavage & McInroy, LLC ID # 78867 2000 Linglestown Road Suite 303 Harrisburg, PA 17110 717-909-2500 Attorney for Plaintiff JAMIE KAYE BLOSSER, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NICKOLAS BLOSSER, No. 09-1839 Civil Term Defendant DIVORCE ACTION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &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. §4904 relating to unsworn falsification to authorities. Date: ~' Jamie Kaye Blosser Plaintiff ~IL~C~--;~?;~~_jv 2Q~4 ~Ij~ 3 I r ~~ 2~ [,_ II 7 4•i 7~ 151 a ~....~'~ JAMIE KAYE BLOSSER, Plaintiff vs. NICKOLAS BLOSSER, . Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-1839 Civil Term DIVORCE ACTION PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please 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: By Certified Mail -Restricted Delivery, to Defendant on March 26, 2009, as evidenced by the attached United States Postal Service Green Domestic Return Receipt. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on August 21, 2009; by Defendant on August 24, 2009, which are being filed contemporaneously herewith. 4. Date of execution of waiver of notice: by Plaintiff on August 21, 2009; by Defendant on August 24, 2009, which are being filed contemporaneously herewith. Date: ~ ~ ~ ~~ to J. Barcavage, ~` Attu ID #7~-- Ea`wens Barcavage & McInroy, LLC 2000 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 909-2502 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 26th day of August 2009, I, Stephen J. Barcavage, Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of the Praecipe to Transmit Record by depositing a copy of the same in the United States mail, postage prepaid addressed to: Nickolas Blosser 304 South Enola Drive Enola, PA 17025 ~s'Barcavage & McInroy, LLC Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 909-2500 ~fl.~p-~~=i ~E THE P~t~T4'.~NQTARY 1x09 SEP -4 PM I ~ 5 I ~~~~~~~ IN THE COURT OF COMMON PLEAS OF JAMIE KAYE BLOSSER ~ CUMBERLAND COUNTY, PENNSYLVANIA V. NICKOLAS BLOSSER NO 09-1839 Civil Term DIVORCE DECREE -- G G ~-~,•~ y ~0.,~ . AND NOW, y~ah~ I ~''~y ( , it is ordered and decreed tha t JAMIE KAYE BLOSSER NICKOLAS BLOSSER bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite 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 e Court, Attest: J. rothonotary L ,-~ .: