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Home My WebLink About01-3831 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. l)ONc-'\..i) e:lH.uPt~b ~ \-tA.w No. O\-3g3l VERSUS Lt\f2.\ ~T\NE MA.~\E ~ l-\A:W DECREE IN DIVORCE AND NOW, (';:.,qC~ 1 ,"1" jC) L IT IS ORDERED AND DECREED THAT DDV\O- \J. E. s"ha.w , PLAINTIFF, AND c'^ ,',!>~ ^e M, , DEFENDANT, ~,^o. W ARE DIVORCED FROM THE BONDS OF MATRI MONY. 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; N () /(..) ~ ;0/) "I/O BYTH: C071.1J ATTEST: ~ J. ~~~PROTHONOTARY ~~.~ ~ ~.p7l ~, r/y > , .' , . Ir:?' (ll' ell 1r;;,O!'{l/ o l -3831 ~~vd MARITAL SETTLEMENT AGREEMENT TillS AGREEMENT is made effective as of the 8th day of October, 2001 by and between Christine M. Shaw ("wife"), who resides at 1115 Gunstock Lane, Mechanicsburg, PA, and Donald E. Shaw ("husband"), who resides at 3744 Fairway Park Drive, Apt. 103, Copley, OH (collectively, the "parties") WITNESSETH WHEREAS, the parties were lawfully married to each other on September 1, 1986 in Stewartstown, P A; and WHEREAS, one child, Adam W. Shaw ("child"), d.o.b. March 29, 1991, was born of the marriage; and WHEREAS, differences exist between the parties and they have decided to live separate and apart from each other and they intend this agreement to define the obligations with respect to custody, visitation, and support of their child. THEREFORE 1. The parties shall have shared legal custody of the child. Wife shall have the primary physical custody, and husband shall have such reasonable and liberal physical custody of the child as the parties shall from time to time mutually agree upon and arrange. 2. The parties shall have the right to alter, modify and otherwise arrange for other specific physical custody periods rather than the general provisions set forth above, and on specific terms and conditions as are conducive to the best interests and welfare of the child. 3. It is expressly understood by both parties that neither shall do anything directly or indirectly to alienate the child's affection for the other or color the child's attitudes toward the other. The parents agree to consult and cooperate with the other to advance his health, emotional, and physical well-being, and to give and afford him the affection of both parents and a sense of security. 4. Husband agrees to pay to wife, commencing with the date of this agreement, the sum of Seven Hundred and Twenty Dollars ($720.00) per month for the care, support, and maintenance of the child. This monthly amount shall never be less than the above amount, and shall be further subject to change by mutual agreement of both parties should there be a significant change (+/- 10%) in either's net income. 5. The husband's obligation to pay said support shall terminate when anyone of the following events occur: Page 1 of2 Tnitial. t~ ... .. .. (a) The child reaches the age of eighteen (18) years or graduates from college, whichever last occurs; if the child remains at home while attending college, the child support shall remain unchanged. If the child does not reside at home and attend college, the support shall be renegotiated; (b) Marriage of the child; (c) The child's permanent residence away from the residence of the wife, except for college; (d) Death of the child; (e) The child's entry into the Armed Forces of the United States, 6, Both parties agree that they will contribute to the extent that they are financially able for the cost and expense of the child's undergraduate college education after taking into account all scholarships, grants, loans and aid. IN WITNESS WHEREOF The parties hereto set their signatures. This Agreement is executed in duplicate and each party acknowledges receipt of a duly executed copy. ~~--- ~lG 5lW Donald E. Shaw ~-~ fJuK/w ;1{ ~ Christine M, Shaw COMMONWEAL TH OF PENNSYL VANIA: ss. COUNTY OF CUMBERLAND On this, the 8th day of October, 2001, before me, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared, rf\cw-(y b. ~ NotarIal Seal Mary J. Gouffer: = PubIc " Spring lWp., CUi tand COUt1I!y llml8slon F.xoll'88 Nov. 17, ~.{)J3 -" , ", .,. "'~-', "'" of Notar1es PaQ"e 2 of 2 Initials .~ (#tv () ('I -;- CQ I\; j ; .~ ) --j i Cc::' ........J DONALD E. SHAW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. OI-~31 Civil Term CHRISTINE M. SHAW, 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 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association Lawyer Referral Service 2 Liberty A venue Carlisle, Pennsylvania 17013 (717) 249-3166 DONALD E. SHAW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No.OI-3?31 Civil Term CHRISTINE M, SHAW, Defendant Civil Action - Law In Divorce COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Donald E. Shaw, by and through his attorneys, the Law Offices of Richard C. Gaffney, who files this Complaint in Divorce under Section 3301(c) ofthe Divorce Code and who, in support thereof, represents as follows: 1. Plaintiff is Donald E, Shaw, who currently resides at 1115 Gunstock Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, since June 1998. 2. Defendant is Christine M, Shaw, who currently resides at 1115 Gunstock Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, since June 1998. 3. Plaintiff and Defendant are sui juris and have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 1, 1986 at Stewarstown, York County, Pennsylvania. 5. The Parties to this action separated on March 26,2001 and have continued to live separate and apart since then. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. 9. Neither the Plaintiff nor the Defendant is in the military or naval service or in any branch of the armed forces of the United States of America or its allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. 10, Plaintiff requests the court to enter a decree of divorce under section 3301 (c) of the Divorce Code. WHEREFORE, if both parties file affidavits consenting to the divorce after ninety (90) days have elapsed from the date of filing and service of this Complaint, Plaintiff respectfully requests this Honorable Court to enter a decree of divorce pursuant to 23 P,S. S 3301(c), Respectfully submitted, LA W OFFICES OF RICHARD C. GAFFNEY By~tZ<<4~.A~ Laura A. Gargiulo, sqUIre PA Supreme Court I.D. No, 86128 2120 Market Street Suite 101 Camp Hill, P A 17011 Telephone: (717) 975-9033 Facsimile: (717) 975-9034 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities, "f ,q)o I ~~ Date: Donald E. Shaw t: ~ \\: " '" ~ .......... LV V) ~ ~ "J iJ ~ ~ CA~ ~ 4 ~ ,,~ :t :g ~ ~ C~) ~.~ . -- .~:~ :::--J . __ __'-.... -- DONALD E. SHAW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. No, 01-3831 Civil Term CHRISTINE M. SHAW, Defendant Civil Action - Law Divorce AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Laura A, Gargiulo, Esquire, being duly sworn according to law, deposes and says that on June 26, 2001, she mailed a true and correct copy of the Complaint in Divorce to the Defendant, by certified mail with restricted delivery, postage prepaid, return receipt requested and evidenced by return receipt No. 7099322000096892 1511 to Defendant's last known address; that on June 29, 2001, Defendant did personally receive said Complaint in Divorce; that attached hereto, made a part hereof and marked as Exhibit "A" is an Acceptance of Service form, with Defendant's signature affixed thereon; and that the facts set forth in the within Affidavit are true and correct to the best of her information and belief. ~~ Laura A. Gargiulo, Es Sworn to and subscribed before me this iVtY\ day of JUIL.\ ,2001. C~oLC?J.~~L Notary Public My Commission Expires: ~11~\()2 NOTARW.. SEAl. SMAH G. PMJNoUE, ~AMc CIIIIII an, ewra....d ~ IIA Cam~-dJJ. 13,_ ~----- - v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. tJl ~ 3f! 3/ Civil Term DONALD E, SHAW, Plaintiff CHRISTINE M. SHAW, Defendant Civil Action - Law In Divorce ACCEPT ANCE OF SERVICE I hereby acknowledge acceptance of service of the Complaint in Divorce in the above- captioned action as of the 29th day of June 2001. Signed: f)~ ll,aar Christine M. Shaw -----.- . c. ~ J :J \'V . , o \. ~ 'el ? DONALD E. SHAW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. No. 01-3831 Civil Term CHRISTINE M. SHAW, Defendant Civil Action - Law Divorce PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on: J u~ 2.2 \ 200\ . 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry ofa final decree of divorce after service of notice of intention to request entry of the decree. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: (O/g/o/ ~~ Plaintiff C) ; 0 I') --r (~-... ()() '. rv '"\.) 0 7:.:) --J . ~J "" S DONALD E. SHAW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 01-3831 Civil Term CHRISTINE M. SHAW, Defendant Civil Action - Law Divorce PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: lo'~/c:>, ~~~ Plaintiff a o ,.., -t- ()J rv " o ,..J ...... j ~) ,-._, :'-"'.1 C") I c~: . ,-,! DONALD E. SHAW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 01-3831 Civil Term CHRISTINE M. SHAW, Defendant Civil Action - Law Divorce DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on: JU Vl~ dl,~ I ~()(J/ , 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 of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /6/q /6/ (%~~ I1f, S/W~ Defendant ,~, ,~_.. :-, ") .".~ , ~ ~""" -:-, " , ( C) DONALD E. SHAW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 01-3831 Civil Term CHRISTINE M. SHAW, Defendant Civil Action - Law Divorce PRAECIPE FOR ENTRy/WITHDRAWAL OF ApPEARANCE To THE PROTHONOTARY OF THE SAID COURT: Kindly enter the appearance of Donald E. Shaw as plaintiff pro se and Christine M. Shaw as defendant pro se and withdraw the appearance of Laura A. Gargiulo, Esquire and The Law Offices of Richard C. Gaffney as counsel of record in the above referenced divorce action. Respectfully submitted, THE LAW OFFICES OF RICHARD C. GAFFNEY By: Laura A. Gargiul , E uire 2120 Market Street, Suite 101 Camp Hill, Pennsylvania 17011 By: ~~~~ Donald E. Shaw, plaintiff pro se 1115 Gunstock Lane Mechanicsburg, P A 17050 By: i12(~ #I'~J Christine M. Shaw, defendant pro se 1115 Gunstock Lane Mechanicsburg, P A 17050 C-' +.. " ~ .. ;