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HomeMy WebLinkAbout01-0824CHRISTOPHER L. SHOFF, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01~ ~'2 ~/ CIVIL TERM KATHLEEN R.SHOFF, Defendant : CIVIL ACTION - LAW :IN 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 will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or p¢operty 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAl._ PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CHRISTOPHER L. SHOFF, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- ?.2,/' CIVIL TERM KATHLEEN R.SHOFF, Defendant : CIVIL ACTION - LAW :IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Christopher L. Shoff, an adult individual, currently residing at 708 Hanover Manor, Apartment D305, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Kathleen R. Shoff, an adult individual, currently residing at 1341 Grandview Court, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on October 17, 1992 in Berkshire County, Massachusetts. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. 9. Plaintiff and Defendant are citizens of the United States of America. The parties have lived separate and apart since July 19, 1999 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. COUNT II CUSTODY 12. The averment sin paragraphs 1 through 11, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 13. Plaintiff seeks shared legal custody and partial physical custody of the following children: NAME Jacob C. Shoff PRESENT ADDRESS 1341 Grandview Court Carlisle, PA 17013 DATE OF BIRTH October 18, 1995 14. The children are presently in the custody of Defendant who resides at 1341 Grandview Court, Carlisle, Cumberland County, Pennsylvania. 15. Since the child's birth, the child has resided at the following addresses: Name Kathleen Shoff Christopher & Kathleen Shoff Christopher & Kathleen Shoff Christopher & Kathleen Shoff Address 1341 Grandview Court Carlisle, PA 17013 426 N. East Street Carlisle, PA 17013 West Street Pittsfield, Mass North Street Pittsfield, Mass Dates Present - July 1999 July 1999 - April 1998 April 1998 - February 1997 February 1997- October 1995 16. 17. The relationship of the Plaintiff to the children is that of natural father. The relationship of the Defendant to the children is that of natural mother. 18. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 19. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 20. 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, Not other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. 21. On February 5, 2001 the parties signed a Custody Stipulation which is attached hereto as Exhibit A. WHEREFORE, Plaintiff requests your Honorable Court to incorporate the Stipulation in an Order of Court. Respectfully Submitted TURO LAW OFFICES Date 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct, I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. ; CHRISTOPHER L. SHOFF, Plaintiff KATHLEEN R.SHOFF, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- CIVIL TERM : CIVIL ACTION - CUSTODY CUSTODY STIPULATION AND NOW, this ~-"~ day of /L--~Z~°~'f/~-.~ 2001, it is hereby stipulated and agreed between the parties as follows: 1. Jacob C. Shoff, born October 18, 1995 is the natural child of Christopher L. Shoff and Kathleen R. Shoff 2. Shared legal custody of the child as contemplated by the Act of October 30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be in both of the parties, as the natural parents. 3. The mother is planning to relocate with the child to the Commonwealth of Massachusetts in the near future. Father has no objection to this relocation. 4. Primary physical custody of the child shall be in the mother subject to the following periods of partial custody with the father: a. Five weeks during the summer school vacation. Father shall notify Mother by May 1st if he will use his period of temporary custody and if so the dates thereof. b. Such other times as the parties may mutually agree. 5. The party receiving custody shall provide transportation from the custodial parent's residence. 6. The custodial parent shall inform the non-custodial parent immediately of all major medical appointments and problems pertaining to the child. 7. Neither parent shall do or say anything, which may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the child's love and respect for the other parent. 8. Both parents shall have liberal and reasonable telephone contact with the child when the child is in the custody of the other parent. 9. The custodial parent shall provide copies of the child's report card and other reasonable papers affecting the child's education, medical condition, or welfare. Date CHRISTOPHER L. SHOFF, Plaintiff KATHLEEN R.SHOFF, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- ~L/' CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE ORDER OF COURT of the within Stipulation, the parties agreement is hereby ,2001, upon consideration made an Order of Court. ? BY THE COURT, CHRISTOPHER L. SHOFF, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- ~'¢2 ~ CIVIL TERM KATHLEEN R.SHOFF, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Divorce Complaint filed in the above captioned cases upon xxx, by certified mail, return receipt requested on February 12, 2001 addressed to: Kathleen R. Shoff P.O. Box 23 Hinesdale, MA 01235 and did thereafter receive same as evidenced by the attached Post Office receipt card dated February 14, 2001. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date TURO LAW OFFICES Robert J. Mull'eric, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Z 452 476 199 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided, Do not use for International Mail (See reverse) ~ostage $ , ~'~ Return Receipt Showing to I 1 also wish to receive the follow- 13 Complete items I and/or 2 for additional services, ing services (for an extra fee): a ~'~dttye°y'orur~me and addre" °n the reverse of this f°rm s° that we can tatum this 1. I-I .~Jr¢,o~*'~ .~ddress ~,mit. , ( ~ ~A.~.lestncted Deilive~ 3. Article Ao4Jressed to: j~ ,~4a. Article Number - S. Received By: (P~/[c~/~La~e) ~) _ .~, Ilt~Pm~lee~s Address (Only if requested and PS Form 3811, Decembm l~4 -- ~ [ Domestic Retum Receipt CHRISTOPHER L. SHOFF, Plaintiff KATHLEEN R.SHOFF, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-824 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under {}3301(c) of the Divorce Code was filed on February 13, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. Christopt~er L. Shoff ~ CHRISTOPHER L. SHOFF, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-824 CIVIL TERM KATHLEEN R.SHOFF, Defendant : CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF CONSENT 4. A Complaint in Divorce under §3301(c) of the Divome Code was filed on February 13, 2001. 5. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 6. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. P. K thleen Shoff CHRISTOPHER L. SHOFF, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-824 CIVIL TERM KATHLEEN R.SHOFF, Defendant : CIVIL ACTION - LAW :IN DIVORCE WAIVER 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 THE FOREGOING 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. Christopher L. Shoff ~ " I CHRISTOPHER L. SHOFF, Plaintiff KATHLEEN R.SHOFF, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-824 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 4. I consent to the entry of a final Decree of Divorce without notice. 5. 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. 6. 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 THE FOREGOING 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. , -o\ ~'ate een R. Shoff t~ CHRISTOPHER L. SHOFF, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01~824 CIVIL TERM KATHLEEN R.SHOFF, Defendant : CiViL ACTION - LAW :IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a Divorce Decree: 1. Code. 2. 12, 2001. 3. Divorce Code. By Plaintiff: May 25, 2001 Ground for divorce: irretrievable breakdown under {}3301(c) of the Divorce Date and manner of service of the complaint: Certified mail on February Date of execution of the Affidavit of Consent required by §3301(c) of the Related claims pending: None. Date the Waiver of Notice in §3301(c) divorce was filed with By Defendant: May 29, 2001 the 5. Prothonotary: By Plaintiff: June 5, 2001 By Defendant: June 5, 2001 ~ ".~./.' ~'~; ~7~,--~s Robert ulderi quire Attorney for Plaintiff IN THE OF CUMBERLAND STATE OF ~ COURT OF COMMON COUNTY PENNA. PLEAS CHRI~TO?~ER~L.. SHQFF ....... PLAINTIFF ...................... Versus KATHLEEN R. SHOFF DEFENQANT DECREE IN DIVORCE ~-~ ~.'s~ f.~. AND NOW ........ ..'~..~ .... ./..~. ...... ~lx;..2.99.1. it is ordered and decreed that .. 9.~.g!.s~qt?.~.~A .~,. $.~I0~'¥ ....................... , plaintiff, and ... [A.T.~",g.s.u.. F....s..ag~. .................................. 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 Prothonotary