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HomeMy WebLinkAbout87-0060IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE Of ~ PENNA. CHRISTA L. FAHNESTOCK, Versus Defendant DECREE IN DIVORCE decreed that CHRISTAL. FAHNESTOCK plaintiff, and .~.Q~.8~ A.. FA. IrlN~E.~TQC,K 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 au t: ~. /(~ IN THE COURT OF CO. ION PLEAS OF~ C~4BERLAND COUNTY, PENNSYLVANIA NO~ 60 CIVIL 1987 Christa L. Fahnestock, Plaintiff VS. Donald A. Fahnestock, Defendant PRAECIPE TO TRANSMIT RECORD- To the Prothonot.~ry: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (201(c)) (k~(~kX~ of the Divorce Code. (Strike out inapplicable section.) 2. Da ~d ~nner of service of the complaint: Acceptance of ~w~e signed by Donald A. Fahnestock on January 16, 1987 and filed on 12-20.-87 3. (Complete either paragraph (a) or '~% .) (a) Date of execution of the affidavit of consent required by Section 201(c) of the Divorce Code:' by the plaintiff April 15, 1987 , by defendant April 15, 1987 (b) (1) Date of execution of the plaintiff's affidavit required by Section 201(d) of the Divorce Code: ; (2) date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None A torney for (Plaintiff) Fred H. Hait 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 WHEREFORE, the Plaintiff requests the court to enter decree in divorce, divorcing the Plaintiff and the Defendant from the bonds of matrimony. Respectfully submitted, GRIFFIE & TURO Attorneys for Plaintiff ~.~~._.~ ....... / ? ~,' .... ., , ,. / Fred H. Halt, ~s~ulre 16 North Market Street Mechanicsburg, PA 17055 (717) 766-1910 AFFIDAVIT I VERIFY that the facts set forth in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements in this complaint are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.  D CHRISTAL. FAHNESTOCK CHRISTAL. FAHNESTOCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW DONALD A. FAHNESTOCK, : Defendant : IN DIVORCE NOTICE 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Cumberland County Courthouse Third Floor Carlisle, PA 17013 (7171) 249-1133 or 697-0371 CHRISTAL. FAHNESTOCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. ~ ~ CIVIL 1987 : CIVIL ACTION - LAW DONALD A. FAHNESTOCK, : Defendant : IN DIVORCE COMPLAINT Section 201(c) of THE DIVORCE CODE of 1980 1. The Plaintiff is Christa L. Fahnestock, an adult individual who resides at 100 Westview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Donald A. Fahnestock, an adult individual who resides at 100 Westview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bonafide residents in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were married 'on September 11, 1976 at Camp Hill, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff believes and therefore avers that the Defendant is not in any branch of the Armed Services of the United States. 7. The Plaintiff has been advised as to the availability of counseling and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. The marriage is irretrievably broken. CHRISTAL. FAHNESTOCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : No. CIVIL 987 : CIVIL ACTION - LAW DONALD A. FAHNESTOCK, : Defendant : IN DIVORCE ORDER AND NOW, this /~ day of /~~ , 1987, upon consideration of the attached Stipulation for Entry of Custody Order, it is hereby ordered and decreed that the terms thereof are approved and that custody, partial custody, and visitation are awarded as set forth in the Stipulation with the same force and effect as if the same had been decreed by the court following an Evidentiary Hearing. By the Court, CHRISTAL. FAHNESTOCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : VS. : NO. ~d? CIVIL 1987 : CIVIL ACTION - LAW DONALD A. FAHNESTOCK, : Defendant : STIPULATION FOR ENTRY OF CUSTODY ORDER The parties to this action being the parents of two minor children, Salina Fahnestock born 12-29-78 and Donald Fahnestock, Jr. born 1-12-82 being desirous of amicably resolving all issues touching upon custody, partial custody, and visitation of their minor children do hereby stipulate and agree to the award of custody, partial custody, and visitation of said children in accordance with the terms and conditions set forth in this agreement, and do hereby request the Court of Common Pleas of Cumberland County to enter an order approving this agreement and awarding custody, partial custody, and visitation of the children in accordance with the terms of this agreement. The following information is provided to the Court in accordance with the requirements of par R. Civ. P. 1915.15: 1. The children who are the subject of this agreement are Salina Fahnestock, Age 8, and Donald Fahnestock, Jr., Age 4. The children were born in wedlock. During the past five years the children have resided with the parties at 100 Westview Drive, Mechanicsburg, Cumberland County, Pennsylvania. The parties are the natural parents of the children. They are presently married but a divorce action is currently pending filed to the above referenced term and number. 2. The parties have not participated either as parties or witnesses or in any other capacity in any other litigation concerning the custody of the children in this or any other court, nor do the parties have any information concerning any custody proceeding regarding the children which are pending in this or any other court. The parties do not know of any other person other than themselves who claims to have custody or visitation rights with respect to the children. 3. The parties agree to share joint legal custody of their children. Legal custody shall mean the legal right to make major decisions concerning the best interest of the minor children, including but not limited to medical, religious, and educational decisions. 4. Primary physical custody of the children shall be in Christa Lynn Fahnestock, hereafter referred to as the mother. 5. Donald Allison Fahnestock, hereafter referred to as the father shall have the following right of partial custody and/or visitation: a. On alternate weekends from 4:30 P.M. Friday until 6:00 P.M. Sunday. b. On Friday evenings that the mother is scheduled to work and is scheduled to have custody of the children, the father shall have partial custody of the children from 4:30 P.M. Friday until a time on Saturday morning to be agreed upon by the parties. During each week that the father has not had weekend custody the previous weekend the father shall have partial custody of the children one evening during the week. Said evening shall be agreed upon by the parties from time to time from 5:00 P.M. until 8:00 P.M. c. Holiday custody shall be as follows: On Easter the mother shall have custody of the children in the morning and the father shall have custody of the children in the afternoon; on Thanksgiving the father shall have custody of the children in the morning, the mother shall have custody of the children in the afternoon; on christmas the mother shall have custody of the children in the morning, the father shall have custody of the children in the afternoon; christmas Eve visitation shall be as the parties shall agree from time to time. d. On New Years day, Memorial Day, Independence Day and Labor Day, the parties shall have custody on alternate holidays and this schedule shall alternate from year to year. e. The father shall have the right to custody of the children for three weeks during the normal school summer vacation. These weeks need not be consecutive. The father shall give the mother thirty days written notice of his intent to exercise this summer custodial privilege. 6. The parties agree to submit this stipulation to the Court of Common Pleas of Cumberland County, and to request the court to award custody, partial custody, and visitation of the children in accordance with the terms of this stipulation. 7. This stipulation has been prepared by Fred H. Hait, Esquire who is counsel for the mother. The father acknowledges that he has been advised of his right to be represented by counsel of his choice, and that he has the right to review this stipulation with counsel of his choice prior to his signing it. The father acknowledges that there has been no coercion or undue influence applied to him to obtain his agreement to the terms and conditions set forth herein. WHEREFORE, the parties have executed the agreement on the date set forth herein. -- christa L. Fahnestoc~ , Donald A.~-' Fahnestock - ,, Date ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the ~r/ day of ~/~ , 1987, before me _~-;~.~ 3r' ~_~._~_ , the undersigned officer, personally appeared ~O~J ~ f~~/< to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my name and official seal. THOMAS J. PETI[~, KOTARY PUBLIC HAMPDEH TW,~:. ~.,~ff8E~4ND cOuNTY iiMY~COMMI$~:~.~ ~';,~!~.~ ~ARCH 7, ~8 ember, Penniy~v~ ~soci~tion of NO~s ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the _2 ~ day of ~~ , 1987, before me ,-~/~$ ~- ~'~ , the undersigned officer, personally appeared to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my name and official seal. J' ' 'Nota~/y 'P~blic THOMAS J. PETERS, NOTARY PUBLIC HAMPDEN TWP.. CUMBERLAND COUNTY MY COMMISSION U,~I£ES gARCH 7, 198~ Member, Pennsylvania Assoc~ltion o! Notaries CHRISTAL. FAHNESTOCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : VS. : CIVIL ACTION - LAW : NO. 60 CIVIL 1987 DONALD A. FAHNESTOCK, : Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce which was filed in this case on January 12, 1987. ~/~ D/a~t~ J~OC"~ - Donald A~~~F[hn ' Defendant CHRISTAL. FAHNESTOCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA VS. : ~ : CIVIL ACTION - LAW : DONALD A. FAHNESTOCK, : NO. 60 CIVIL 1987 Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in dJ~vorce under Section 201(c) of the Divorce Code was filed on January 12, 1987. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the Complaint. 3. I consent to the entry of a final decree of Divorce. 4. I have been advised of the availability of marriage counseling, that I may request that the Court require that my spouse and I participate in counseling, and that the Court maintains a list of marriage Counselors in the Prothonotary,s Office, which list is available to me upon request. Being so advised, I decline to request that the Court require that my spouse and I participate in counseling. 5. I understand that I may lose rights concerning alimony, division of property, lawyers' fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. CHRISTA L. FAHNESTOCK