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HomeMy WebLinkAbout01-3287 CHRISTOPHER A. SHRAWDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COL~NTY, PENNSYLVANIA v. NO. 2001- ~o~ CIVIL TERM DESMA M. SHRAWDER, : CIVIL ACTION - LAW Defendant : 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 may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage. you may request marriage counseling. A list of marriage counselors is available in the ProthonotaD"s Office 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 GIL&NTED. 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. Pennsylvania 17013 (717) 249-3166 CHRISTOPHER A. SHRAWDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA : v. : NO. 2001- 3~-°7 CIVILTERM : DESMA M. SHRAWDER, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(e) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Christopher A. Shrawder. through his attorney, Thomas S. Diehl, makes the following Complaint in Divorce. and, in support thereof, avers as follows: I. The Plaintiff, Christopher A. Shrawder, is an adult individual who currently resides at 207 Birch Lane, Carlisle. Cumberland County. Pennsylvania 17013. 2. The Defendant. Desma M. Shrawder, is an adult individual who currently resides at 207 Birch Lane, Carlisle. Cumberland Count5', Pennsylvania 17013. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September 21, 1996 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for 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 availabilit3,' of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in cotmseling. 8. Plaintiffand Defendant are citizens of the United States o£America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff. Christopher A. Shrawder, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. R'e~ubmitteI, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle. Pennsylvania 17013 (717) 240-0833 (,717) 240-0893 - FAX VERIFICATION I verif3', 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 unsworn falsification to a~thorities. CHRISTOPHER A. SHKAWDER, Plaintiff CHRISTOPHER A. SHRAWDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 2001-3287 CIVIL TERM : DESMA M. SHRAWDER, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties of this action separated on,~'1 ~.~f,/.~/'qd~/? 300/ . and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. A. SHRAWDER, Plaintiff CHRISTOPHER A. SHRAWDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 2001-3287 CIVIL TERM : DESMA M. SHRAWDER, : CIVIL ACTION - LAW Defendam : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on May 30, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. ! understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Christopher A Shrawder, Plaintiff 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 in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 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. § 4909 relating to unswom falsification to authorities. Christopher A. Shrawder, Plaintiff CHRISTOPHER A. SHRAWDER. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA '. v. : NO. 2001-3287 CIVIL TERM DESMA M. SHRAWDER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE AND NOW. this 7th day of June 2001. comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Christopher A. Shrawder, and states that he had cause to be mailed a certified copy ora Complaint in Divorce to the Defendant, Desma M. Shrawder by certified, restricted delivery, return-receipt requested. A cop)' of said receipt is attached hereto indicating service was made on June 4, 2001. Respectfully submitted. Thomas S. Diehl Attorney for the Plaintiff One West High Street. Suite 208 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - 1. Article A~clr~l to: If YES, en~' de#v~y ~ ~ [] No D~:SM~ M. S~ 207 BIR~ ~ ~I~E, PA 17013 ~. ~m~~ 7~9 3220 ~09 5574 03~ PS Fo~ 3811, du~ 1~ ~ ~rn R~ I~M~ CHRISTOPHER A. SHRAWDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 2001-3287 CIVIL TERM : DESMA M. SHRAWDER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 19' day of August 2003, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Christopher A. Shrawder, and states that he had cause to be mailed an Affidavit Under Section 3301(d) of the Divorce Code with Counter-Affidavit to the Defendant, Desma M. Shrawder by certified mail, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on August 2. 2003. Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX · Complete items 1, 2, and 3. Also complete A. Signature item 4 if Rsotricted Delivery is deeired. · Print your name and adclmss on the reverse [] Agent so that we can return the card to you. · Attach this card to the back of the mailpiece, C. Date of I~live~ or on the front if apace permits. ' O ,~ j [] Reglstemd [] Return Receipt fox Merchancllse 0 c.o.o. o'~,s?~~ 7DOE 2410 0007 8502 5117 PS Po?m 3811. Auguet ~00~ Oo~es'~ Re~um P.~pt CHRISTOPHER A. SHRAWDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 2001-3287 CIVIL TERM : DESMA M. SHRAWDER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this l0th day of September 2003, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff. Christopher A. Shrawder, and states that he had cause to be mailed the Notice of Intention to Request the Entry of §3301(d) Divorce Decree with accompanying Counter- Affidavit to the Defendant. Desma M. Shrawder by certified, restricted delivery, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on September 6, 2003. Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - · COml~eteitem~ 1,2, and 3. Abo comple~ & ~m or on the ~ ff s~e ~i~. ~~ 7002 2410 0007 8502 5124 sEP o CHRISTOPHER A. SHRAWDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-3287 CIVIL ACTION LAW DESMA M. SHRAWDER, : Defendant : IN CUSTODY ORDER OF COURT AND NOW, this t ¥- day of r~ ,~ ? ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: i. The Father, Christopher A. Shrawder, and the Mother, Desma M. Shrawder, shall have shared legal custody of Tyler C. Shrawder, born June 15, 1996, and Ashton M. Shrawder, bom October 18, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The parties shall share having physical custody of the Children on an alternating weekly basis, with the exchange to take place each week on Sunday at 5:00 p.m. The non-custodial parent shall be entitled to have a period of custody on Tuesday (or other day as arranged by agreement) from 3:30 p.m. through the following Wednesday morning when that parent shall take the Children to school or day care. 3. Each party shall ensure that the Children get to and from the school bus stop during his or her periods of custody. 4. Every year, the Father shall have custody of the Children from the Saturday before July 4 through the Sunday after July 4. The parties shall cooperate in scheduling periods of custody for the Mother to make up for any regular period missed during the Father's week of custody under this provision. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 1:00 p.m. through Christmas Day at 1:00 p.m., and Segment B, which shall nm from Christmas Day at !:00 p.m. through December 26 at 1:00 p.m. In even nmnbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. B. NEW YI~ARS/EASTER/THANKSGIVIN~: The parties shall equally share having custody of the Children on New Years Day, Easter and Thanksgiving each year, with the specific exchange times to be arranged by agreement. C. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year for Mother's Day and the Father shall have custody of the Children every year for Father's Day, with the specific times to be arranged by agreement. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. In the event either party is unavailable to provide care for the Children during his or her period of custody for 4 hours or more, that party shall first contact the other party to offer the opportunity to provide the care before contacting third party caregivers. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. This Order is entez~! pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. BY THE COURT, cc: .Iennifer L. Frechette, Esquire - Counsel for Mothe Thomas S. Diehl, Esquire - Counsel for Father ~ CHRISTOPHER A. SHRAWDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-3287 CIVIL ACTION LAW : DESMA M. SHRAWDER, : Defendant : IN CUSTODY .CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler C. Shrawder June 15, ! 996 Mother/Father Ashton M. Shrawder October 18, 1999 Mother/Father 2. A Conciliation Conference was held on May 7, 2002, with the following individuals in attendance. The Father, Christopher A. Shrawder, with his counsel, Thomas S. DieM, Esquire, and the Mother, Desma M. Shrawder, with her counsel, Jennifer L. Frechette, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date /~/~ a' -''t~Oc3 Daw~ Custody Conciliator CHRISTOPHER A. SHRAWDER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA vs. * NO. 2001-3287 * DESMA M. SHRAWDER, * CIVIL ACTION - LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Wendy L. Shive, Legal Assistant to Jennifer L. Frechette, Esquire, hereby certify that on March 13 2002, I served a true and correct copy of the Answer and Counter Claim upon Thomas Diehl, Esquire, counsel for Plaintiff, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Thomas Diehl, Esquire One West High Street Suite 208 Carlisle, P 17013 VCendy~ S~ive - CHRISTOPHER A. SHRAWDER : IN THE COURT OF COMMON PLEAS OF PLAII~FIFF : CUMBERLAND COUNTY, PENNSYLVANIA v. 01-3287 CIVIL ACTION LAW DESMA M. SHRAWDER DEFENDANT : IN CUSTODY AND NOW, Wednesday, March 20, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, PA 170SS on Tuesday, April 16, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ora temporary or permanent order. The enurt hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled bearing. FOR THE COURT, By: Isl l)a~n $. Sunday. Eso.~ ..,~ Custody Conciliator ' ,) The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable aneommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled ennferenee or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN A'ITORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 CHRISTOPHER A. SHRAWDER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA vs. * NO. 2001-3287 DESMA M. SHRAWDER, * CIVIL ACTION - LAW Defendant * 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 may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. 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?, 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 CHRISTOPHER A. SHRAWDER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA vs. * NO. 2001-3287 DESMA M. SHRAWDER, * CIVIL ACTION - LAW Defendant * IN DIVORCE ANSWER AND COUNTER CLAIM COMES NOW, Defendant, Desma M. Shrawder, by and through her attorneys, Weintraub & Associates, to make this Answer and Counter Claim, and in support thereof, avers as follows: ANSWER 1. Denied. Upon information and belief, Plaintiffcurrently resides at 209 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. Admitted. 3. Admitted. 4. Admitted. $. Admitted. 6. Admitted. 7. Ach'nitted. 8. Admitted. 9. Admitted. COUNT I. R~QUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER §3502(d) OF THE DIVORCE CODE 10. The prior paragraphs of this Answer and Counter Claim are incorporated her~in by reference thereto. 11. During the course of thc marriage, Plaintiff has maintained certain health, life and death insurance policies for the benefit of Plaintiffand Defendant. 12. Pursuant to Section 3502(d), Defendant requests Plaintiff be directed to continue maintenance of said policies. WHEREFORE, Defendant respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Plaintiffto continue to maintain certain life and health insurance policies for the benefit of Plaintiffand Defendant. COUNT II. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 13. The prior paragraphs of this Answer and Counter Claim are incorporated herein by reference thereto. 14. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 15. While no settlement has been reached as of the date of the filing of this Answer and Counter Claim, Defendant is and has always been willing to negotiate a fair and reasonable settlement of all matters with Plaintiff. 16. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Answer and Counter Claim, Defendant desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, ifa written settlement agreement is reached between the Parties prior to the time of hearing on this Answer and Counter Claim, Defendant respectfully requests that, pursuant to Section 3104 o£the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. III. REQUEST FOR CONFIRMATION OF CUSTODY UNDER §3104(A)(2) AND 3323(B) OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The parties are the parents of the following unemancipated children who reside with Defendant: Tyler C. Shrawder 5 Male June 15, 1996 Ashton M. Shrawder 2 Male October 18, 1999 19. During the past five years, the children have resided with the parties and at the addresses herein indicated. ER. DM TO WITH WHOM ADD_RF. JST~ Birth May 2001 Mother and Father 207 Birch Lane, Carlisle, PA 17013 May 2001 Present Mother 207 Birch Lane, Carlisle, PA 17013 20. Defendant has not participated in any other litigation concerning the children in this or any other state. 21. There are no other proceedings pending involving custody of the children in this or any other state. 22. Defendant knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 23. The best interests of the children will be served if custody of them is confirmed in Defendant. WHEREFORE, Defendant respectfully requests that, pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming custody of the ehildran in Defendam. Respectfully submitted: WEINTRAUB & ASSOCIATES { Jennifer L. Frcchctte, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #87445 ATTORNEY FOR DEFENDANT VERIFICATION I, Desma M. Shraa, der, hereby swear and afl.mn that the facts contained in the foregoing Answer and Counter Claim are ~rue and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. ' ' Desma M. Sh~a"~de~ CHRISTOPHER A. SHRAWDER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA vs. * NO. 2001-3287 DESMA M. SHRAWDER, * CIVIL ACTION - LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assist~mt to Jennifer L. Frechette, Esquire, hereby certify that on August 15, 2002, I served a true and correct copy of the Petition to Modify Order of Custody and Order of Cour~ scheduling a Custody Conciliation Conference upon Thomas Diehl, Esquire, counsel for Plaintiff, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Thomas Diehl, Esquire One West High Street Suite 208 Carlisle, P 17013 MistyID. Lehma{n - CHRISTOPHER A. SHRAWDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-3287 CIVIL ACTION LAW : DESMA M. SHRAWDER, : Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler C. Shrawder June 15, 1996 Mother/Father Ashton M. Shrawder October 18, 1999 Mother/Father 2. A Conciliation Conference was held on September 26, 2002, with the following individuals in attendance. The Father, Christopher A. Shrawder, with his counsel, Thomas S. Diehl, Esquire, and the Mother, Desma M. Shrawder, with her counsel, Jennifer L. Frechette, Esquire and Stephanie Mihalko, Esquire. 3. This Court previously entered an Order in this matter on May 14, 2002 under which the parties have shared physical and legal custody of the Children. The Mother filed this Petition to Modify, seeking primary physical custody. At the Conference, the parties were able to agree that neither party would make non-emergency telephone calls to the other party's home either after 8:00 p.m. or before 7:30 a.m. As to the remaining issues, the parties agreed to investigate the financial feasibility of engaging in co-parenting counseling and to recontact the Conciliator to advise whether a counseling provision should be included in an Order. As the Conciliator has been informed by the Mother's counsel that neither of the parties' insurance coverage applies to counseling, the parties have decided to forego the counseling alternative due to the financial situation. Consequently, the entry of an additional Order is not necessary at this time. ir) e..'~J~e~ I 6 ~oo a- ad~'~''e''~t'n~wn S. Sunday,'E.~quire / Date - r D Custody Conciliator cc: Thomas S. DieM, Esquire - Counsel for Father Jennifer L. Frechette, Esquire - Counsel for Mother e.~ .//~.,LGM_ /o to. o.z, 9-- CHRISTOPHER A. SHRAWDER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA vs. * NO. 2001-3287 DESMA M. SHRAWDER, * CIVIL ACTION - LAW Defendant * IN DIVORCE RULE AND NOW, this ~(' day of ~,~j~... '~ .2003, a rule is hereby issued to show cause why the within request should not be granted. RULE RETURNABLE J~ ,,g o DAYS.~//ff-- .r~,,, '~ BY THE COURT: CHRISTOPHER A. SHRAWDER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY,PENNSYLVANIA vs. * NO. 2001-3287 DESMA M. SHRAWDER, * CIVIL ACTION - LAW Defendant * IN DIVORCE PETITION TO WITHDRAW APPEARANCE Jennifer L. Frechette, Esquire hereby respectfully petitions this Honorable Court for Leave to Withdraw her appearance as counsel for Plaintiff', Desma M. Shrawder, and in support thereof, avers as follows: 1. Petitioner is Jennifer L. Frechette, Esquire. 2. Respondent is Desma M. Shrawder. 3. Petitioner was retained by Respondent in 2002 to represent her in her various divorce, custody and support matters. 4. Petitioner has undertaken such representation but is unable to continue for the following reasons: a. Respondent has disregarded an agreement with Petitioner as to fees and costs and withdrawal is allowed pursuant to Rule 1.16(b)(4) of the Rules of Professional Conduct. To date, Respondent owes Petitioner over $1,500 in fees and costs. 5. Petitioner has communicated to Respondent that she intends to withdraw as counsel for Respondent. A true and correct copy of said letter is attached hereto as Exhibit "A." WHEREFORE, Petitioner respectfully requests leave to withdraw her appearance as attorney for Respondent. Jenni~'er'L. Frechette, Esquire Petitioner VERIFICATION I. Jennifer L. Frechette, Esquire, verify that the coments of the foregoing Petition to Withdraw Appearance are true and correct to the best of my knowledge, information and belief. I understand that I am subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities for any false statements that I made in the foregoing document. Date: (~/~'~ ~ (~') Jenn~~'!~ EXHIBIT "A" LAW OFFICES OF EDWARD J. WEINTRAUB & ASSOCIATES PRACTICE LIMITED TO FAMILY LAW 2650 N. THIRD STREET HARRISBURG. PENNSYLVANIA 171 I0 (717)238-2200 FAX-(717)238-9280 E.MA~L-EWDIVORCE~.~^OL.COM Edward J. Weintraub ~ ~an Jennifer L. Frechette* Stephanie L. Mihalko * also admitted VA Bar February5,2003 Desma M. Shrawder 207 Birch Lane Carlisle, PA 17013 Re: Outstanding balance Dear Desma, Your hill for legal fees and services remains outstanding. The outstanding balance at this time is $1,539.50. You must pay this bill in full within ten (10) days of the date of this letter, or call our office to make satisfactory payment arrangements if you cannot pay the full amount now. If payment is not received, or a satisfactory payment arrangement is not made, we will have no alternative but to immediately file with the Court a Petition to Withdraw as your attorneys and send your account for collection. You will not receive additional notices from this office regarding your account. This is your final notice. Please honor your obligation so that collection actions may be avoided and we may continue to represent you. Thank you for your cooperation. Yours truly. COPY Daniel Stem DS/mdl CHRISTOPHER A, SHRAWDER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2001-3187 DESMA M. SHRAWDER. * CIVIL ACTION - LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Sherry A. Fitzkee, Legal Assistant to Jennifer L. Frechette, Esquire, hereby certify that on July 2, 2003, I served a true and correct copy of the Petition to Withdraw Appearance upon the following individuals by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Thomas Diehl, Esquire Desma Shrawder One West High Street 61 Gasoline Alley Suite 208 Carlisle, PA 17013 Carlisle, P 17013 -' I [ i kee, LegI ~sistant CHRISTOPHER A. SHRAWDER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA vs. * NO. 2001-3287 DESMA M. SHRAWDER, * CIVIL ACTION - LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Sherle A. Minich, Legal Assistant to Jennifer L. Frechette, Esquire, hereby certify that on August 11,2003, I served a true and correct copy ora Rule and Petition to Withdraw Appearance with regard to the above-captioned matter upon the following individuals by depositing same, postage pre-paid, in the United States Mail, Dillsburg, Pennsylvania, general delivery, addressed as follows: Thomas Diehl, Esquire Desma Shrawder One West High Street 61 Gasoline Alley Suite 208 Carlisle, PA 17013 Carlisle, PA 17013 CHRISTOPHER A. SHRAWDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 01=3287 CIVIL ACTION LAW DESMA M. SHRAWDER : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 14, 2002 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanlcsburg, PA 170SS on Wednesday, September 04, 2002 at 11:00 AM for a Pre=Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be Oresent at tile conference. Failure to appear at the conference may provide grounds for entry ora temporary or permanenl order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled heartna. FOR THE COURT, By: Isl Dawn S. .qu~t,,l,~y. Esq. ~''v'v Custody Conciliator The Court of Common Pleas of Cumberland Courtly is required by ]aw to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. Ail arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CHRISTOPHER A. SHRAWDER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, · PENNSYLVANIA vs. * NO. 2001-3287 DESMA M. SHRAWDER, * CIVIL ACTION - LAW Defendant * IN CUSTODY PETITION TO MODIFY ORDER OF CUSTODY AND NOW, Defendant, by and through her attorney Jennifer L. Frechette, Esquire, files a Petition to Modify Order of Custody, and in support thereof, avers the following: 1. Plaintiff is Christopher A. Shrawder, Father, who currently resides at 209 Faith Cimle, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Desma M. Shrawder, Mother, who currently resides at 61 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania. 3. The parties hereto are the parents of the following minor children who currently reside at 61 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania and 209 Faith Circle, Carlisle, Cumberland County, Pennsylvania. Tyler C. Shrawder Age 6 Ashton M. Shrawder Age 2 4. On May 14, 2002, the Court entered an Order of Custody, granting Plaintiff and Defendant shared legal and physical custody of the children. A true and correct copy of this Order is marked Exhibit "B," attached hereto, and made part thereof. 5. Plaintiff/Father's girlfriend has become abusive with Defendant/Mother and has attacked Mother's sister. 6. Plaintiff/Father has not been cooperative with Defendant/Mother's request to continue the children's schooling in Cumberland Valley where they currently reside. 7. Plaintiff/Father has not been cooperative with Defendant/Mother's requests to keep the children out of day care on her weeks of custody. 8. Plaintiff/Father has verbally attacked Mother in front of the children, cursing at her, dpping open her car door and snatching a bag from Mother's car, causing the children to cry in fear of Father's temper and abusive behavior toward Mother. 9. The best interest and permanent welfare of the children will be served by a modification of the Court's Order, specifically: Granting primary physical custody of the children to the Defendant and granting partial physical custody of the children to the Plaintiff. WHEREFORE, Defendant respectfully requests that this Honorable Court modify its Order as follows: Granting primary physical custody of the children to the Defendant and granting partial physical custody of the children to the Plaintiff. Respectfully submitted: ; ~'/~,' Jenr!i~e~ L. ~=re--chett~, Esquire A3-1'E)RNEY FOR DEFENDANT 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 I.D. #87445 VERIFICATION I, Desma M. Shrawder, hereby swear and affirm that the facts contained in the foregoing Petition to Modify Order of Custody are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Desma M. Sh aw ,r EXHIBIT "A" CHRISTOPHER A. SHRAWDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-3287 CIVIL ACTION LAW : DESMA M. SHRAWDER, : Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /~/~ day of ~')~, , 2002, upon consideration of the attached Custody Conciliation Rel;~--~t is ordered and directed as follows: 1. The Father, Christopher A. Shrawder, and the Mother, Desma M. Shrawder, shall have shared legal custody of Tyler C. Shrawder, bom June 15, 1996, and Ashton M. Shrawder, bom October 18, 1999. Each parent shall have an equal fight, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Clfildren's general well-being including, but not limited to, all decisions regarding their health, education and relig/on. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Ch/Idren including, but not limited to, school and medical records and information. 2. The parties shall share having physical custody of the Children on an alternating weekly basis, with the exchange to take place each week on Sunday at $:00 p.m. The non-custodial parent shall be entitled to have a period of custody on Tuesday (or other day as arranged by agreement) from 3:30 p.m. through the following Wednesday morn/nE when that parent shall take the Children to school or day care. 3. Each party shall ensure that the Children get to and f~om the school bus stop during his or her periods of custody. 4. Every year, the Father shall have custody of the Children from the Saturday before July 4 through the Sunday after Suly 4. The parties shall cooperate in scheduling periods of custody for the Mother to make up for any regular period missed during the Father's week of custody under this provision. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall mn.. f~om Chris,'nas Eve at 1:00 p.m. through Chrislmas Day at 1:00 p.m., and Segment B, which shall run from Christmas Day at 1:00 p.m. through December 26 at 1:00 p.m. In even numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. B. NEW YEARS/EASTERTrHANKSGIViNG: The part/cs shall equally share having custody of the Ch/Idren on New Years Day, Easter and Thanksgiving each year, with thc specific exchange times to be arranged by agreement. C. MOTHER'S DAY/FATN~I~,S DAY: The Mother shall have custody of thc Children every year for Mother's Day and the Father shall have custody of the Children cve~ year for Father's Day, with the specific times to be arranged by agreement. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. In the event either party is unavailable to pwvide care for the Children during his or her period of custody for 4 hours or more, that party shall fu'st contact thc other party to offer the opportunity to provide the care before contacting third party caregivers. 7. Neither party shall do or say anything which may estrange the Ch/ldren from the other parent, injure 'the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with th/s provision. 8. Th/s Order is entered pursuant to an agreement of the part/es at a Custody Conciliation Confe~nce. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofth/s Order shall control. BY THE COURT, cc: Sennifer L. Frechctte, Esquire - Counsel for Mother Thomas S. Diehl, Esquire - Counsel for Father CHRISTOPHER A. SHRAWDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-3287 CIVIL ACTION LAW : DESMA M. SHRAWDER, : Defendant : IN CUSTODY CUSTODY CONCII,IATION SUMMARY REPORT IN ACCORD.~NCE WITH CUMBERLAND COUNTY RULE OF CML PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler C. Shrawder Sune 15, 1996 Mother/Father Ashton M. Shrawder October 18, 1999 Mother/Father 2. A Conciliation Conference was held on May 7, 2002, with the following individuals in attendance. The Father, Christopher A. Shrawder, with his counsel, Thomas S. Diehl, Esquire, and the Mother, Desma M. Shrawder, with her counsel, Jennifer L. Frechette, Esquire. 3. The parties 'agreed to entry of an Order in the form as attached. i77 · .. Date ~ - Dawn~ Custody Conciliator CHRISTOPHER A. SHRAWDER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, · PENNSYLVANIA · NO. 2001-3287 VS. DESMA M. SHRAWDER, * CIVIL ACTION - LAW Defendant * IN DIVORCE AND NOW, this /'/" day of #,~.~- ,2003, the within Petition is ~ranted. The Petitioner, Jennifer L. Frechette, Esquire, is permitted to withdraw her appearance of record for the Defendant in the above matter, and it is further ORDERED and DECREED that the Prothonotary shall so mark the record. BY THECOURT: CHRISTOPHER A. SHRAWDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 2001-3287 CIVIL TERM : DESMA M. SHRAWDER. : 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 a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 335:(,) 3301(d) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint. Service was made on June 4, 2001 by Certified mail, restricted delivery to Defendant, Desma M. Shrawder. 3. (Complete either paragraph (a), or (b).) (a) Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by thc Plaintiff: : by the Defendant: (b) (1) Date of execution of the Plaintiffs Affidavit required by § 3301(d) of the Divorce Code: June 19, 2003. (2) Date of service of the Plaintiffs Affidavit upon the Defendant: August 2, 2003 by certified mail to Defendant. Desma M. Shrawder. 4. Related claims pending: None. 5. (Complete either (a) or (b); (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record. and a copy of which is attached: September 6, 2003 by certified mail, restricted delivery to Defendant, Desma M. Shrawder. (b) Date of execution of the Waiver of Notice of Intention to File Divorce Decree as required by § 3301(c) of the Divorce Code: b~.4he-P4~intiff: : by the Defendant: . ~-. ?./fi/Q, /'"'~/] Date: October 10,2003 // '///~/~ { Thor¢~.. Dieh~. Esqui}$ k,~J~rney for Plaintiff CHRISTOPHER A. SHRAWDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA : v. : NO. 2001-3287 CIVIL TERM : DESMA M. SHRAWDER. : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: DESMA M. SHRAWDER, DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore. on or after September 15, 2003, the other party can request the Court to enter a Final Decree in Divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a counter-affidavit by the above date. the court can enter a Final Decree in Divorce. A counter-affidavit which you may file with the Prothonotary of the Court is attached to this notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the tight to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CONNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service 1-(800) 692-7375 (PA only) or (717) 238-6715 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CHRISTOPHER A. SHRAWD' Plaintiff No. 2001-3287 VERSUS DESMA M. SHRAWDER. Defendant DECREE IN DIVORCE AND NOW, Ot./~.~.. 2,~~' , ,~e, 3 , IT IS ORDERED AND CHRISTOPHER A. SHRAWDER DECREED THAT __, PLAINTIFF, AND DESMA M. SHRAWDER _, 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 BY THE COURT:/ ~ PROTHONOTARY