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HomeMy WebLinkAbout04-6451 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE A. CLAYTON, Plaintiff v. ) ) ) ) ) ) ) NO. OJ..J - "4~( (}1.t>L~"1 NOEL SCOTT CLAYTON, 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 Complaint, 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 Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. 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 Lawyer Referral Service 32 South Bedford Street Carlisle, P A 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations 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 conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) NO. CII- l".t{ SI ~(..>L '-r ~ MICHELLE A. CLAYTON, Plaintiff NOEL SCOTT CLAYTON, Defendant CNIL ACTION - LAW IN DNORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Michelle A. Clayton, by and through her counsel, Howett, Kissinger & Conley, P.C., who hereby files the instant Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Michelle A. Clayton, an adult individual currently residing at 426 South York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Noel Scott Clayton, an adult individual currently residing at 133 West Locust Street, Apt. 201, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant married on April 9, 1994 in Marysville, Pennsylvania. 5. Neither Plaintiff or Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldi~rs' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I-DIVORCE PURSUANT TO ~3301(c) OR (d) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. 10. The parties separated on or about January 2,2004. WHEREFORE, Plaintiff respectfully requests the Court enter a decree of divorce pursuant to 93301 of the Divorce Code. COUNT II-REQUEST FOR CUSTODY AWARD UNDER ~3104(a)(2) AND ~3323(b) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The parties are the biological parents of the following unemancipated child, born of the marriage, who currently resides with Plaintiff: Name Date of Birth Alex G. Clayton September 20, 1994 13. During the past five years, the child has resided with both Plaintiff and Defendant at 426 South York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 14. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 15. There are no proceedings pending involving the custody of the child in this or any other state. 16. Plaintiffknows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 17. Sole custody isolates the child from the non-custodial parent. 18. The best interests of the child require that open and meaningful access be maintained with each parent and that the child have a relationship with each parent. 19. The child has developed an emotional attachment to each parent and the severing of that attachment is not in the child's best interests. 20. Permitting each parent to remain involved in the life of the child enables the child to share with each parent the intimate contact necessary to strengthen a true parent-child relationship. 21. The parties have executed a Marital Settlement Agreement in which they agreed that Plaintiff should be the primary physical custodian of the child subj ect to those periods of partial custody by Defendant as set forth in a stipulated custody agreement. 22. The parties have further executed a custody stipulation consistent with their settlement agreement, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference thereto. The filing of the instant count for custody is simply a means to facilitate the entry of a custody order incorporating the terms of their custody stipulation. Said stipulation will be presented to the Court for entry of an order and is being filed contemporaneously herewith. WHEREFORE, Plaintiff respectfully requests the Court enter a custody order consistent with the terms of the parties' Marital Settlement Agreement and the terms of their custody stipulation. Date: /"}--) C IOL/ Respectfully submitted, ) 'J2~ H2 2!!3 HOWETT, KISSINGER & CONLEY, P.e. 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Michelle A. Clayton VERIFICATION I, Michelle A. Clayton, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subj ect to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 12/16/04 ~~~Cf+ ) IN THE COURT OF COMMON PLEAS OF CUMBERLA1'l'D COUNTY, PENNSYLVANIA MICHELLE A. CLA YTO?\:, Plaintiff v. ) ) ) ) ) ) ) NO. NOEL SCOTT CLAYTON, Defendant CIVIL ACTION - LA W IN DIVORCE STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER /~ >1 This Stipulation is made this ,) 1 day of '~I tLl'J-- , 2004, by and between Michelle A. Clayton (hereinafter "Mother"), CYf C~mberl~ County, Pennsylvania, and Noel Scott Clayton (hereinafter "Father"), of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on April 9, 1994 in Marysville, Pennsylvania but who have lived separate and apart since on or about January 2,2004; WHEREAS, one child was born of the marriage between the parties, namely Alex G. Clayton, born September 20, 1994; WHEREAS, simultaneously herewith, the parties entered into a Marital Settlement Agreement that fully and finally resolved all personal and property rights and obligations as between each other, and which dealt generally with the issue of child custody; WHEREAS, simultaneously herewith, Mother initiated an action for divorce at the above-captioned action number in the Court of Common Pleas of Cumberland County, which included a count for custody; I EXHIBIT I ('j " {'l \VHEREAS, the parties hereto are desirous of entering into this stipulated custody order that specifically settles the issue of legal and physical custody of their child without the necessity of court intervention; NOW, THEREFORE, in consideration of these premises and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby agree as follows: 1. Le~al Custody. Mother and Father shall share legal custody of their child, legal custody being defined as the right to make major decisions affecting the best interests .. of the child, including, but not limited to, medical, religious and educational decisions. The parties agree to discuss and consult with one another with a view toward adopting a hannonious policy calculated to promote the child's best interests. Each party shall have the right to be kept informed of the child's educational, social, moral and medical development. Each party shall be entitled to full and complete records and information concerning the child from any doctor, dentist, teacher, treatment institution or similar authority and to have copies, reports, notices or other communications given to either parent. Each parent shall notify the other of any matter relating to the child which could reasonably be expected to be of significant concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of the child at the time of any emergency shall have the right to make any immediate decisions necessitated thereby but shall inform the other parent of the emergency and consult with him or her as soon as possible. Absent an emergency, all doctor or dentist appointments for the child shall occur during Mother's custodial periods. 2. Physical Custody. The parties agree that Mother shall be the primary physical custodian of the child subject to those periods of partial custody by Father in accordance with the following: (a) On alternating weekends from Saturday at 12:00 Noon until Monday morning at 9:00 a.m. (or until the child must go to school); (b) Every Tuesday overnight from Tuesday after school (or 5:00 p.m. ifnot a school day) until Wednesday morning at 9:00 a.m. (or until the child must go to school); (c) On any other days and at any other times that the parties, from time to time, agree upon co"nsidering the work schedules of the parties and the child's activities. It is understood that Father will drop the child off at school on those mornings that he has partial physical custody of the child ifit is a school day. 3. Holidays. The parties shall alternate the following holidays, which shall commence at 9:00 a.m. the day of the holiday and conclude at 6:00 p.m. the day of the holiday, and which shall take precedence over the regular schedule: (a) Presidents Day; (b) Memorial Day; (c) Fourth of July; (d) Labor Day; and (e) Columbus Day. In all even-numbered years, Father shall have custody ofthe child on Presidents Day, Fourth of July, and Columbus Day, with Mother having custody of the child on Memorial Day and Labor Day. In all odd-numbered years, Mother shall have custody of the child on Presidents Day, Fourth of July, and Columbus Day, with Father having custody of the child on Memorial Day and Labor Day. 4. Mother's Day/Father's Day. The parties agree the Mother shall have custody of the child each and every Mother's Day from 9:00 a.m. through 6:00 p.m., and Father shall have custody of the child on each and every Father's Day from 9:00 a.m. through 6:00 p.m. 5. Easter. The parties shall alternate the Easter holiday, which shall be defined as commencing Good Friday after school (or 12:00 Noon if not a school day) and concluding Easter Sunday at 6:00 p.m. The Easter holiday shall take precedence over the regular schedule. In all odd-numbered years, Mother shall have custody of the child over the Easter holiday. In all even-numbered years, Father shall have custody of the child over the Easter holiday. 6. Thanksl:ivine. The parties shall alternate the Thanksgiving holiday, which shall be defined as commencing the Wednesday before Thanksgiving at 5:00 p.m. (or 12:00 Noon if Wednesday is not a school day) and concluding the Friday after Thanksgiving at 6:00 p.m. The Thanksgiving holiday shall take precedence over the regular schedule. In all even-numbered years, Mother shall have custody of the child for Thanksgiving. In all odd- numbered years, Father shall have custody of the child for Thanksgiving. 7. Christmas/New Year's. The parties agree as follows with respect to the Christmas/New Year's holiday, which shall take precedence over the regular schedule: (a) In all years, Mother shall have custody of the child from 3:00 p.m. Christmas Eve until 3:00 p.m. Christmas Day, and Father shall have custody of the child from 3:00 p.m. Christmas Day until 3:00 p.m. December 26; (b) In all even-numbered years, Father shall have custody of the child from 3:00 p.m. New Year's Eve until 3:00 p.m. New Year's Day, and Mother shall have custody of the child 3:00 p.m. New Year's Day until such time as the child returns to school; and (c) In all odd-numbered years, Mother shall have custody of the child from 3:00 p.m. New Year's Eve until 3:00 p.m. New Year's Day, and Father shall have custody of the child from 3:00 p.m. New Year's Day until the child returns to school. 8. Summer Vacation. Each party shall be entitled to custody of the child for two seven consecutive day periods during the summer upon thirty days written notice to the other party. Said two weeks of summer vacation shall not be taken consecutively unless agreed upon by the parties. 9. Child's Activities. Each party shall ensure the child participates in all regularly scheduled activities during their periods of custody. If the designated time for pickup or return of the child occurs during a scheduled activity, then pickup or return shall occur at the activity. 10. Transportation. The parties agree that Father shall be solely responsible for all transportation between custody exchanges. Father shall be responsible for taking the child to school during any periods of his partial custody. 11. Dispara2ine Remarks Prohibited. The parties shall refrain from making any disparaging or negative remarks with regard to the other either directly to the child or in the presence of the child. Likewise, the parties shall ensure that third parties refrain from making any disparaging or negative remarks with regard to the other party either directly to the child or in the presence of the child. 12. Alcohol/Controlled Substances. During any periods of custody, the parties shall not possess or use any controlled substances, and neither party shall consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that other household members or guests comply with this prohibition. 13. Telephone/Address. Each party shall keep the other apprised of the his or her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the child while the child is in the custody or control of the other party. 14. Notification. If either parent is going to be overnight with the child for two consecutive days or longer, that parent shall provide notice to the other parent as to the location of the child and a number where they can be reached. Notice shall be given at least forty-eight hours in advance of the overnight travel. 15. Entry of Court Order. The parties agree that the terms and provisions of this Stipulation shall be entered as an Order of Court upon the filing of all necessary documents. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the day and date first written above. (/{d~;{ 't ) J-V-- Witness , U C! .' -f--- c-_ I' ': I hb(LL / l~ Michelle A. Clayton wf~ a (}~~ ~~cl~ ~ COMMON\VEAL TH OF PENNSYL VANIA ) ) ) COUNTY OF ('.a/I'~Jdc~ BEFORE ME, the undersigned authority, on this day personally appeared NOEL SCOTT CLAYTON known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UND~R MY HAND AND SEAL OF OFFICE this ~i~ay of 1'~ ,2004. I?~ () (1A('~?1,.~ Notaiy ~li~.in and for Commonwealth of Pennsylvania Typed or printed name of Notary: R bb\{ n F\ ~l'()n ~l V) My commission expires: NOTARIAL SEAL ROOYN A CRONIN, Notary Public ~ eoro" CumberlOOd County My Cdi'l'irhISSICfi'1 E~ SepteRtler 23. 2Ol) COMMONWEALTH OF PENN~YL V Af\lIA " I / COUNTY OF ,--_C ~ ; /) "t j (f/r~/ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared MICHELLE A. CLA YTON known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this;: liR'" day of . '. \/ LJ!L, , 2004. /1/ (J /j (/ / 'LA. ;t 't~~ I&~ary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: [!;(j(/c Ii (~a;(f/t My commission expires: ~ I NOTARIA ".C'i 1 'j'C:<'E ,L ~L.""~ : ~. :,j R. N~LKER Nr',~r.J P"oll'- - , "/1 - . ~~..' ~ t.. : .'......~~;.J 1~lf c.r)fn ,.-.."..-(~J,.,C!.r!an:' ~ t : ,,(' ~ ~ -~, ,(,;",/ [J IvOun y ."y ,.orrmlssiCr. C~Di'OS !~-r^r I ?n07 ------..-...._...:..>. .~..:: _:';..~..~ <.;, _J . iC>Q ~( ~ ~ ~ RJ -- ~ ~~ \) ~ b d o U) o D ~ ~ I f'___ r~ Vv ---c- tl ~~ -..:...... f"....,) f"'-) ~? ~:: :' -il ~, __I C~:; - i ,... _ !,', f", , C") "TI ;',,) I'':'' , ~ , .j " - j>"'_1 , \ ., .. ...., I' '\ ._':;. -" L" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE A. CLAYTON, Plaintiff v. ) ) ) ) ) ) ) ./ O II - fa q,) , NO. -r NOEL SCOTT CLAYTON, Defendant CNIL ACTION - LAW IN DNORCE STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER fL. I This Stipulation is made this ;} '1 day of TLA 'I ' 2004, by and between Michelle A. Clayton (hereinafter "Mother"), of Cumberland County, Pennsylvania, and Noel Scott Clayton (hereinafter "Father"), of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on April 9, 1994 in Marysville, Pennsylvania but who have lived separate and apart since on or about January 2,2004; WHEREAS, one child was born of the marriage between the parties, namely Alex G. Clayton, born September 20, 1994; WHEREAS, simultaneously herewith, the parties entered into a Marital Settlement Agreement that fully and finally resolved all personal and property rights and obligations as between each other, and which dealt generally with the issue of child custody; WHEREAS, simultaneously herewith, Mother initiated an action for divorce at the above-captioned action number in the Court of Common Pleas of Cumberland County, which included a count for custody; WHEREAS, the parties hereto are desirous of entering into this stipulated custody order that specifically settles the issue of legal and physical custody of their child without the necessity of court intervention; NOW, THEREFORE, in consideration of these premises and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby agree as follows: 1. Lel:al Custody. Mother and Father shall share legal custody of their child, legal custody being defined as the right to make major decisions affecting the best interests of the child, including, but not limited to, medical, religious and educational decisions. The parties agree to discuss and consult with one another with a view toward adopting a harmonious policy calculated to promote the child's best interests. Each party shall have the right to be kept informed of the child's educational, social, moral and medical development. Each party shall be entitled to full and complete records and information concerning the child from any doctor, dentist, teacher, treatment institution or similar authority and to have copies, reports, notices or other communications given to either parent. Each parent shall notify the other of any matter relating to the child which could reasonably be expected to be of significant concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody ofthe child at the time of any emergency shall have the right to make any immediate decisions necessitated thereby but shall inform the other parent of the emergency and consult with him or her as soon as possible. Absent an emergency, all doctor or dentist appointments for the child shall occur during Mother's custodial periods. 2. Physical Custody. The parties agree that Mother shall be the primary physical custodian of the child subject to those periods of partial custody by Father in accordance with the following: (a) On alternating weekends from Saturday at 12:00 Noon until Monday morning at 9:00 a.m. (or until the child must go to school); (b) Every Tuesday overnight from Tuesday after school (or 5 :00 p.m. if not a school day) until Wednesday morning at 9:00 a.m. (or until the child must go to school); (c) On any other days and at any other times that the parties, from time to time, agree upon considering the work schedules of the parties and the child's activities. It is understood that Father will drop the child off at school on those mornings that he has partial physical custody of the child if it is a school day. 3. Holidays. The parties shall alternate the following holidays, which shall commence at 9:00 a.m. the day ofthe holiday and conclude at 6:00 p.m. the day of the holiday, and which shall take precedence over the regular schedule: (a) Presidents Day; (b) Memorial Day; (c) Fourth of July; (d) Labor Day; and (e) Columbus Day. In all even-numbered years, Father shall have custody of the child on Presidents Day, Fourth of July, and Columbus Day, with Mother having custody of the child on Memorial Day and Labor Day. In all odd-numbered years, Mother shall have custody of the child on Presidents Day, Fourth of July, and Columbus Day, with Father having custody of the child on Memorial Day and Labor Day. 4. Mother's Day/Father's Day. The parties agree the Mother shall have custody of the child each and every Mother's Day from 9:00 a.m. through 6:00 p.m., and Father shall have custody of the child on each and every Father's Day from 9:00 a.m. through 6:00 p.m. 5. Easter. The parties shall alternate the Easter holiday, which shall be defined as commencing Good Friday after school (or 12:00 Noon ifnot a school day) and concluding Easter Sunday at 6:00 p.m. The Easter holiday shall take precedence over the regular schedule. In all odd-numbered years, Mother shall have custody ofthe child over the Easter holiday. In all even-numbered years, Father shall have custody of the child over the Easter holiday. 6. Thanks~ivin2. The parties shall alternate the Thanksgiving holiday, which shall be defined as commencing the Wednesday before Thanksgiving at 5 :00 p.m. (or 12:00 Noon if Wednesday is not a school day) and concluding the Friday after Thanksgiving at 6:00 p.m. The Thanksgiving holiday shall take precedence over the regular schedule. In all even-numbered years, Mother shall have custody of the child for Thanksgiving. In all odd- numbered years, Father shall have custody of the child for Thanksgiving. 7. ChristmaslNew Year's. The parties agree as follows with respect to the ChristmaslNew Year's holiday, which shall take precedence over the regular schedule: (a) In all years, Mother shall have custody of the child from 3:00 p.m. Christmas Eve until 3:00 p.m. Christmas Day, and Father shall have custody of the child from 3:00 p.m. Christmas Day until 3:00 p.m. December 26; (b) In all even-numbered years, Father shall have custody of the child from 3:00 p.m. New Year's Eve until 3:00 p.m. New Year's Day, and Mother shall have custody of the child 3:00 p.m. New Year's Day until such time as the child returns to school; and (c) In all odd-numbered years, Mother shall have custody of the child from 3:00 p.m. New Year's Eve until 3:00 p.m. New Year's Day, and Father shall have custody of the child from 3:00 p.m. New Year's Day until the child returns to school. 8. Summer Vacation. Each party shall be entitled to custody of the child for two seven consecutive day periods during the summer upon thirty days written notice to the other party. Said two weeks of summer vacation shall not be taken consecutively unless agreed upon by the parties. 9. Child's Activities. Each party shall ensure the child participates in all regularly scheduled activities during their periods of custody. Ifthe designated time for pickup or return of the child occurs during a scheduled activity, then pickup or return shall occur at the activity. 10. Transportation. The parties agree that Father shall be solely responsible for all transportation between custody exchanges. Father shall be responsible for taking the child to school during any periods of his partial custody. 11. Disparaein2 Remarks Prohibited. The parties shall refrain from making any disparaging or negative remarks with regard to the other either directly to the child or in the presence of the child. Likewise, the parties shall ensure that third parties refrain from making any disparaging or negative remarks with regard to the other party either directly to the child or in the presence of the child. 12. Alcohol/Controlled Substances. During any periods of custody, the parties shall not possess or use any controlled substances, and neither party shall consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that other household members or guests comply with this prohibition. 13. Telephone/Address. Each party shall keep the other apprised of the his or her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the child while the child is in the custody or control of the other party. 14. Notification. If either parent is going to be overnight with the child for two consecutive days or longer, that parent shall provide notice to the other parent as to the location of the child and a number where they can be reached. Notice shall be given at least forty-eight hours in advance of the overnight travel. 15. Entry of Court Order. The parties agree that the terms and provisions of this Stipulation shall be entered as an Order of Court upon the filing of all necessary documents. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the day and date first written above. ~/'t~ Witness , r/1A()~~ CJ?~fr MichJlle A. Clayton 1f~ () ~\ Witnesf N~~$~ ~:A. COMMONWEALTH OF PENNSYLVANIA ) ) ) COUNTY OF (!i~~ BEFORE ME, the undersigned authority, on this day personally appeared NOEL SCOTT CLA YTON known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GWEN UNDER MY HAND AND SEAL OF OFFICE this :2q"t1vdayof M' ,2004. :R~ ~ ~~ Notary Ptflic in and for Commonwealth of Pennsylvania Typed or printed name of Notary: RoJo'l VI ~ ~~rd,) l'n My commission expires: NOT ARI/.:LSEAL ROBYN A CRONIN, Notary Publtc MGChanlCS.bUrg Boro., Cumberland Coun~ !M~ ~~loo E~res September 23. COMMONWEALTH OF PENNSYLVANIA COUNTYOF C(uJJ~ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared MICHELLE A. CLAYTON known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE thid9-U day of n ,2004 ()~;(~~ Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: r/!cf(/ E /L- WI:Lt(L!;/!- My commission expires: NOTARIAL SEAL VICKIE R. WELKER. Notary Public Camp Hill Bora., Cumberland County My Commission Exoires March 4 2007 ~--~--. ~~~~ .'."..-,..-- ) ~."' , \ ( ) L._.l' ,:_",,; ( ", , I ......1 ( , " J C") :"J " .) , .. 1,<' [" " i , r. ", r' ) \,.,:-'1 ~ \/ Gte 2 7 2004 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) NO. O'i--I.HS/ CloL~~ MICHELLE A. CLAYTON, Plaintiff NOEL SCOTT CLAYTON, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 'Jcfdayof ~ , 2001, it is hereby ORDERED and DECREED that the terms and conditions of the attached Stipulation for Entry of Agreed Upon Custody Order are entered as an Order of Court. BY THE COURT: , /lJ J. 1-1LED-Oi=RCE OF THE PROTI--:ONOTAHY 2004 DEe 30 ANI!: 33 Ct J~ .:':~"', ., . '_', " fA. 1-1'\/ ,j"-"..,,,.: ;.., ' '---'...UI\J1 I PC" t~j\}.SYL V:,'~,{\J:i\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE A. CLAYTON, Plaintiff v. ) ) ) ) ) ) ) NO. 04-645l-CIVIL TERM NOEL SCOTT CLAYTON, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVIClli.: I, Noel Scott Clayton, hereby accept service of Complaint in Divorce filed December 22, 2004. Date: /1<' /a::;- I v1kf Noel Scott Clayton, Defendant 133 West Locust Street Apartment 201 Mechanicsburg, PA 17055 C.., ~---) ...-.'" ,c.< }~_r ~. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MICHELLE A. CLAYTON, Plaintiff v. ) ) ) ) ) ) ) NO. 04-6451 CNIL TERM NOEL SCOTT CLAYTON, Defendant CNIL ACTION - LAW IN DNORCE PLAINTIFF'S AFFIDAVIT OF CONSENT I. A complaint in divorce under 9330I(c) of the Divorce Code was filed on December 22, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE Ul'{DER ll3301(c) OF THE DIVORCE CODE I. 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! 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: S- /J .3 los- m~. (d~ /rY, Michelle A. Clayton, Plaintiff ~ (") s ""-'" -o~5} f1~ri i ~e:: cn -" ;.- :~,: !;:':c ~C >~ z ~ ~ = <:J" C- c: % ~ ~~ -o1:I1 :ny 00 ~"" ::c :[, QB 6rn --I 5; :< I W -0 :x ~ o ()1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MICHELLE A. CLAYTON, Plaintiff ) ) ) ) ) ) ) CNIL ACTION - LAW IN DNORCE v. NO. 04-6451 CNIL TERM NOEL SCOTT CLAYTON, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under 9330l(c) of the Divorce Code was filed on December 22, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. 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! 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unSWorn falsification to authorities. Date: .~b~/~~- . - () ....., <::> 0 c: <::> -n ~. c.n <. :t! ~t5j '- c: ,...,L1.:' X n1 :!J .<---_.t -o~ ~'?y I w 8 r::::c.'.< =-? -~ ~c -0 5:G :x 6~ 5>i:! N 7' .-1 ~ 0 ~ U'I '< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MICHELLE A. CLAYTON, Plaintiff v. ) ) ) ) ) ) ) NO. 04-6451 CIVIL TERM NOEL SCOTT CLAYTON, 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: I. Ground for divorce: Irretrievable breakdown under ~3301( c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by Defendant on January 13,2005; Acceptance of Service filed on January 21, 2005. 3. Date of execution of the affidavit of consent required by ~3301(c) of the Divorce Code: by plaintiff, May 23,2005; by defendant, May 23,2005. 4. Related claims pending: No related claims pending. 5. Date plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: C l~l):J- d2RH2!~tl Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Michelle A. Clayton o c:: S iJ (f) men '7........., zt:,- ~~~~::.: c..-....-' ~8. ~c") Pc: Z ~ l;;5 <=> c.n '- c:: % I W ~ ~:n :gg '~~ ---n Qi5 -""-m '~ :!O '< ""0 3 ~ c:> Ul . . . . . . . . . . . . . . . . . . . . . ~~~ ~~~~~~~~~~~ ~~~ ~~~~~~~ ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~ ~~~ ~~~~~~~~~~~ .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~~~~~~~~~ ~~~~~~~~~~~~~~ ;j;:I:,., :Ii :+::+; :Ii:+: ;t;;ti J. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY MICHELLE A. CLAYTON, PENNA. STATE OF Plaintiff No. 04-6451 CIVIL TERM VERSUS NOEL SCOTT CLAYTON, Defendant DECREE IN DIVORCE AND NOW, 1~ 7~ 2005 , IT IS ORDERED AND DECREED THAT MICHELLE A. CLAYTON , PLAINTIFF, AND NOEL SCOTT CLA YTON , 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 None. YET BEEN ENTERED; PROTHONOTARY .. .. ... ... :t' ;t; 'f.;+:;t; .. . . . . .. .. -h'Z ~~ ~ 5/- p-'1 ~ ~ 7- ~~ ~? -pO ?O )!?. '? ~ ~. .