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HomeMy WebLinkAbout06-3601 , KEVIN A. WHITZEL, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. OCo '3IcD I ~lJd-fu..... DENISE M. WHITZEL, DEFENDANT 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 (717) 240-6195. Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYERS 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 32 S, Bedford Street Carlisle, P A 17103 (717) 240-6195 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (Jr.- a~O( ~ 7;"" KEVIN A. WHITZEL, PLAINTIFF DENISE M. WHITZEL, DEFENDANT : DIVORCE ACTION COMPLAINT COUNT I -DIVORCE UNDER SECTION 3301(c) OR SECTION 3301{d) OF THE DIVORCE CODE 1, Plaintiff, Kevin A. Whitzel, is an adult individual who currently resides at 1341 Enola Road, Carlisle, PA 17013, 2, Defendant, Denise M, Whitzel, is an adult individual who currently resides at 238 Walnut Bottom Road, Carlisle, PA 17013, 3, Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of the Complaint. 4, The Plaintiff and Defendant were married on February 17, 1995, in Carlisle, Pennsylvania, 5, There have been no prior actions of divorce or for annulment between the parties, 6, The marriage is irretrievably broken, 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. 8. Plaintiff requests the Court to enter a Decree of Divorce, , WHEREFORE, Plaintiff, Kevin A. Whitzel, urges this Honorable Court to enter a Decree of Divorce, COUNT II - CUSTODY 9. Plaintiff seeks custody of the following child: Name Present Residence Aqe Austin p, Whitzel 238 Walnut Bottom Road Carlisle, PA 11 (DOB: 8/26/95) 10, The child was born of the marriage. 11, The child is presently in the custody of the Defendant who resides at the above referenced address, 12. The Mother of the child is the Defendant. She is currently married but separated, 13, The Father of the child is the Plaintiff, He is currently married, but separated, 14. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with himself and his girlfriend, Cindy Beattie, at the above referenced address. 15. The relationship of the Defendant to the child is that of mother. The defendant resides with herself, her boyfriend and the minor child at the above- referenced address, 16, Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning custody of the child in this or another Court, 17. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of the Commonwealth or any other state, 18, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 19. The best interest and permanent welfare of the child will be served by granting the relief requested because father has played an active and nurturing role in the development of the child and the continued relationship would be in the best interests of the child, 20, Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, Kevin A. Whitzel, requests the Court to grant shared legal and physical custody of the child to the parties, NEALON RY By: Of - James G. Nealon, III, Esquire Attorney 1.0, #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: &.) ~31() Ct.. VERIFICATION I, Kevin A. Whitzel verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.SA 4904 relating to unswom falsification to authorities, Dated: (p -/4-0G ~t """9- ~ ~ ....... ~...c A.J ..... C> . . -- . ....;} w 8 0>& -.0 .c: ~ ..... I . lr' ( , ~ ~ o ?;~ ~~~ ~~-~ cc-.. ..........f Hl:~ ~"!..; :-<,,) ;-- W ""':"'," r-'" ~) :J~: (;.;? '.:! -- ~-r.J :~ ,",I KEVIN A. WHITZEL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-3601 CIVIL ACTION LAW DENISE M. WHITZEL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 29, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X, Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, AUlZust 17, 2006 , the conciliator, at 10:30 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 of a temporary or permanent 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 hearinlZ. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. ~ 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 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 170 I 3 Telephone (7 I 7) 249-3 166 .~~.#~~~ 10.()[:1 - _ "# ~ /:,; .f?I" ~~ 01):7. r:lF.."7 ~ fp z ~fJ"l1':V ~ ro 6')/'rk? .,. r \. \',\ (1S:'f S'0ill 1) (,IL\1.ln -,. ~-.,..> , >'1JU . ........ KEVIN A. WHITZEL, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3601 DENISE M. WHITZEL, DEFENDANT : DIVORCE/CUSTODY ACTION AFFIDVAIT OF SERVICE I, James G. Nealon, III, verify that on the 6th day of July, 2006, I served the Defendant with a true and correct copy of the Divorce Complaint by one of the following methods: (CHECK ONE) (X) Service was made by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery, return receipt requested to the Defendant, on the 6th day of July, 2006. The return receipt signed by the Defendant is attached hereto. ( ) The Defendant was personally served with a true and correct copy of the above pleading by hand-delivering the same to the Defendant. Personal service was made at following location and time: on the day of at I verify that the statements made in this affida it are true and correct. I understand that false statements herein are made sub' ct to the penalties of 18 Pa.C.SA 94904 relating to unsworn falsification to auth i s. Date: 7 J NIt> I, e t - James G. Nealon, III .. . .__.;10 . . ComIlIlM ....1, 2. Md S. NtJJJ .....,...... Item nhlllllclld DelIvery Is deIlNd. .JI"Pllnt~_~an1l.-- ; 10 l'llII- C8I'I1'lIlum the card to you. . ".,lhIa card to the beck of the lllIIIlpIoice. II' an tile Rnll...,e pomIItL 1. ArtWlt~ll iI to: ttVttst (Yl.whi~uJ ' Jj~~uf~~ CaALtSl1., fl1 1701.3 3. _TtPo ~ I!!I 0...- Moll C e.p.. Moll o - J ~ ... '-"II1iIaIlpt 1Dr","",-- o __Moll C c.o.o. 4. _..,...sDolMrfl~"'" 2._~ ~__lIIIoO PS,.. 3811, ..-, lIlI04 700~ 2890 0000 b575 2900 ~-RoooIpt 1011II&02416<<) ~_._.,--,._--.--- , ,....."-.. . c_ r-- ---1 ::c i'i'j _J " (.,.'1 (. r~ r, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3601 KEVIN A. WHITZEL, PLAINTIFF DENISE M. WHllZEL, DEFENDANT : DIVORCE/CUSTODY ACTION AGREEMENT AS TO CUSTODY OF llIE MINOR CHILD ~ THIS AGREEMENT is made the L/r;. day of August, 2006, by and between: KEVIN A. WHITZEL, hereinafter referred to as the "Father;" and DENISE M. WHITZEL, hereinafter referred to as the "Mother." WHEREAS, the Parties are the parents and natural guardians of one minor child, AUSTIN P. WHITZEL (DaB: 8/26/95); and WHEREAS, the parties have given serious consideration to the future welfare of the minor child, and hereby agree as follows: 1. leaal Custody. legal custody of the minor child shall be shared by the Parties. Joint legal custody means the right of the parties to share in making decisions of importance in the life of the child, including educational, medical and religious decisions. The parties shall be entitled to equal access to the child's school, medical and dental records. As soon as practical after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of the child with health care providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major decisions involving the child's day to day living shall be made by the party then having custody, consistent with the other provisions of this Agreement. 2. PhySical Custody. Primary physical custody of the child, as that term is defined in the Custody Act, shall be with Mother. Partial physical custody is the right to take possession of the child away from the custodial parent for a certain period of time. Father shall have partial physicat custody of the child as follows: Father shall have custody during every other weekend, commencing the weekend of August 26, 2006, from Friday at 5:00 p.m. until Sunday at 5:00 p,m. Every other Wednesday, beginning August 16, 2006, at 5:00 p.m. until Thursday morning when school begins. In addition to the above time and other times outlined below, Father shall have custody at such times as the parties agree. 3. Chrisbnas. In odd numbered years, Father shall have custody Christmas Eve at 5:00 p.m. through Christmas Day at 2:00 p.m., and Mother shall have custody Christmas Day at 2:00 p.m. through December 26lt1 at 5:00 p.m. In even numbered years, Mother shall have custody Christmas Eve at 5:00 p.m. through Christmas Day at 2:00 p.m., and Father shall have custody Christmas Day at 2:00 p.m. through December 26th at 5:00 p.m. 4. Summer Defined. Summer is defined by the Court as beginning on the first evening following the last day of school to the last evening preceding the first day of school. 5. Summer Vacation. Beginning in the summer of 2007, and for the summer months of each succeeding year thereafter, each party shall be entitled to up to two weeks of uninterrupted custody. In the event that either party takes the child out of state. that party shalt notify the other party of the plans and provide a phone number where the child can be reached while they are out of state. 6. Alternate Holidays. The parties shall alternate rights of custody on the holidays. The holidays shall include New Year's Day, Easter Sunday, Memorial Day, the Fourth of July, Labor Day, and Thanksgiving Day. In odd years, Father shall have custody on New Year's Day, Memorial Day and Labor Day and Mother shall have custody on Easter Sunday, Fourth of July and Thanksgiving Day. In even years, Father shall have custody on Easter Sunday, Fourth of July and Thanksgiving Day and Mother shall have custody on New Year's Day, Memorial Day and Labor Day. Custody on these holidays shall be exercised from 8:00 a.m. until 8:00 p.m. In the event that a parent who would otherwise have custody during a weekend which immediately precedes or follows one of the alternating holidays on which that same parent would also have custody, the parent need not relinquish custody until the conclusion of the entire period. 7. Mother's Day and Father's Da~. Mother shall always have the right of partial custody on Mother's Day. Father shalt always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 8:00 a.m. until 8:00 p.m. 8. Holidays A Priority. The periods of partial custody for holidays, vacations, or other special days set forth in this Order shall be in addition to, and shall take precedence over. but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations, 9. Transportation, For exchanges on Wednesdays and Fridays, Father shall provide transportation by picking up the child at school, after school care or Mother's residence. Father shall arrange transportation to school on Thursday mornings during his periods of partial custody. For Sunday evening exchanges, the parties shall meet at Nell's Super Fresh, Spring Road. Car1ise, PA, to exchange custody, At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to or while transporting the children. 10. Extracurricular Activities. The parties shall provide the other with at least forty-eight . (48) hours ad"ance notice of school or other activities whenever possible. The parties shall agree to honor and participate in the activities that the child wish to engage in. During the times that the parties have custody of the child, they will make certain that the child attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. In the event that the custodial party is unable to deliver the child to the particular activity, the party who has custody of the child at that time shall notify the non-custodial party, who shall be entitled to pick up and deliver the child to the designated activity. The custodial party shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. 11. Telephone Calls. All parties are urged to use common sense in scheduling telephone calls to talk to the child. All parties are hereby directed to refrain from preventing the party who may be calling from talking to the child, or preventing the child from calling the other party, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the child's schedule. 12. Disparaging Remarks, All parties and any third party in the presence of the child shall take all measures deemed advisable to foster a feeling of affection between the child and the other party. None of the parties shall do nor shall any party permit any third person to do or say anything which may estrange the child from any party, their spouse or relativest or injure the child's opinion of the other party or which may hamper the free and natural development of the child's love and respect for all of the parties. The parties shall not use the child to send verbal messages to the other parties about the custody situation or changes in the custody schedule. 13. Mutual Consultation. The Parties shall confer with the other on all matters of importance relating to the child's' health, maintenance, and education with a view towards obtaining and following a harmonious poticy in the children's' education and social adjustments. Each party is directed to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and the custody situation. Each party shall supply the name, address and phone numbers of any persons in whose care the child will be for a period in excess of seventy two hours, and for each person or entity which may provide day care for the child, excluding current day care providers, relatives, or public school institutions, 14. Illness of Child. Emergency decisions regarding the child shall be made by the party then having custody. However, in the event of any emergency or serious illness of any child at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other party can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines a child to bed in for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. 15. Welfare of Child To Be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. The parties are directed to listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 16. Modification of Aareement. The parties are free to modify the terms of this Agreement if the parties are in complete agreement to any new tenns. That means the parties must consent on what the new tenns of the custody arrangement or schedule shall be. 17. Order of Court. This Agreement shall be made a part of the Order of Court. IN WITNESS WHEREOF, the parties hereto set their hands to this Agreement on the date above-mentioned. Witness: ~#~~biL K VI A. HITZEL L~#u~ DENISE M. WHITZEL , , (") r-..> ~ <:::::') c: = c;:r. 1;:: > :t:n ""tJ1;::J [!, r r't C mr- ~;; G') -0 in /:~ N E3? (;)),: W -< ",,~' ::j fr~ !<C.' -0 -I... \1 ~;:~ - Po ...... 2m >c N 0 ~ ~ (.) ~.o .~'- -< .... RECEIVED AUG 1 8 Z006 KEVIN A. WlDTZEL, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3601 CML ACTION - LAW DENISE M. WlDTZEL, Defendant IN CUSTODY ORDER ct fA 1" AND NOW, this I t:1... day of August, 2006, the Conciliator being advised that the parties have reached an agreement, Conciliator relinquishes jurisdiction. ~ GiIroY~ Esquire Custody Conciliator VINVA1\SNN3d 1 j /tIn"', ,~. "",'. .'.., '-.......11ln" I\.Ll~ It) .I ",..,"'i.,'":i{,.V \J fJ'1 : /I HV t, fJnv 900l AW10NOH10dd 31-11 :10 3:)!:J:lO-031l:J KEVIN A. WHITZEL, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-3601 DENISE M. WHITZEL, DEFENDANT : DIVORCE/CUSTODY ACTION AFFIDAVIT OF SERVICE I, Tom Walton do hereby certify, subject to the penalties of 18 Pa. C. S. Section 4904, relating to Unsworn Falsification to Authorities, that I am a competent adult and that on the.;l.;J day of tJ;&'~ ,2006, at about /1 ~, o'clocra~ p.m., I served true and correct copies of the 0110 ing documents in the above-captioned matter: . A Divorce/Custody Complaint and Order of Court filed in the matter or in the manner and form as attached upon the ultimate recipient Denise M, Whitzel ::erved in the following indicated manner: Z by personally handing said copies to and leaving same with the said Denise M. Whitzel at the address below or at 238 Walnut Bottom Road, Carlisle, P A 17013 OR Masland Associates, Inc. 220 Wilson Street, Suite 109, Carlisle, PA 17013. _by personally handing said copies to and leaving same with the following named adult member at the address below or at _ by leaving said copies at the last known address of the ultimate recipient, said last known address at the following location: and said copies being specifically placed at ----rr:~d Tom Walton TO BE FILLED IN BY PERSON ACCEPTING SERVICE: Received the herein s ribed documents on -:1 '2.2 (Date) Signature: I Date Received: f"""'-") = ....::::r.::') ~,~::;;-.. J..-' L_ C) ~1 o {'-.' -\ --\ ::c nl G' cr: r...: KEVIN A. WHITZEL, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 06-3601 DENISE M, WHITZEL, DEFENDANT : DIVORCE/CUSTODY ACTION AFFIDAVIT OF CONSENT 1. A complaint in the divorce under 9 3301 (c) of the Divorce Code was filed on June 23, 2006. 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. 9 4904 relating to unsworn falsification to authorities. /0 -/7-()6 Date ~// ." '~ Kev~ A. ~hit ,/p~:in~ff ~ c:? c::..'l C>" .........,_1" ~- c2 ~..... o -1'1 .-~ -r:-n file c-J C,.,) -;-"1 ..2~~ \ ~::I -.t-~ ~ -- 1',) .. .::- --l KEVIN A. WHITZEL, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENl":iSYL V ANlA. v. : NO, 06-3601 DENISE M. WHITZEL, DEFENDANT : DIVORCE/CUSTODY ACTION AFFIDAVIT OF CONSENT 1. A complaint in the divorce under ~ 3301 (c) of the Divorce Code was filed on June 23, 2006. 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. ~ 4904 relating to unsworn falsification to authorities. /() 'i E--o(, Date ,l~~ ??1d/k:/ ~ I Denise . Whitzel, Defendant c' (>~ ::~'" r::~ 0 v~ ~f\ '{? ~ c.~, ..- v) --'.} -' ..-:: \';~ .y;; CO ~ ::z. KEVIN A. WHITZEL, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 06-3601 DENISE M. WHITZEL, DEFENDANT : DIVORCE/CUSTODY ACTION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) AND ~ 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. !t) -/7- oc, Date 1'-.:> C' ,) ~ ~1 -4 :L..." rnc: j'l ~-1 W '"'-' .(,.~ ~ N ,~ .';' (-.. i~~)n'\ .....; 55 -< ~r:- -.l KEVIN A. WHITZEL, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 06-3601 DENISE M. WHITZEL, DEFENDANT : DIVORCE/CUSTODY ACTION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) AND ~ 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. /0 7 p- c C:::, Date d~~/ ;mA/JJ~" /Denise M. Whitzel, Defendant ~ o(,,;.,,-? ,-;:::.r- - ~l-_'" C), .,(1':- -- c...) ~~) ~1 .~-v ,one. -0~: -~:~~., -- \;.? J;:"" cP ~-j~~-(~~:\ ~) ~{-, ':-,,\ '~ ~ Kevin A. Whitzel, Plaintiff IN THE COURT OF COMMON PLEAS VS. CUMBERLAND COUNTY, PENNSYLVANIA CML DIVISION Denise M. Whitzel, Defendant : NO. On-1nnl CIVIL TERM 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 3301 (c) -336 l-tdH:lt of-the-BtvMee-C-otie.-- (S'trike out inapplicable section) 2. Date and manner of service of the complaint: Cert i f i ed ma i 1, return rece i pt , restricted delivery dated July 6, 2006. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 330 1 (c) of the Divorce code: byp1aintiff OC't ober 1 7 ; by defendant Ort.nhpr 1 R. ?nf)6 b. (1) Date of execution of the aflfg~?required by 3301 (d) of the Divorce Code: (2) Date of tiling and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: nOr:lQ all ("1 ;:lim~ rl?9olueo by marital settlement agreement entered into 4/21/2003 & by StipUlation adopted for the instant divorce action 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in 3301 Prothonotary: Attorney for P1aintiffi'Defendant r-...:) (:--..:,:, '" ;-...;-;, "-' Ci"""\ -n " ...0:,:...... (",) " :"'0 ~ , ,- --' ~> ~ <....". :::0 OJ -< '" "'''' '" :+.i '" :+.i:+.i:+.i:+.i:+.i '" :+.i"'''' IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. KEVIN A.} WHITZEL PLAINTIFF No. tJ& . 3&0/ VERSUS DENISE M. WHITZEL DEFENDANT DECREE IN DIVORCE AND NOW, ~~ I~ ~, IT IS ORDERED AND DECREED THAT Kevin A. Whitzel , PLAI NTI FF, AND Denise M. Whitzel , 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; AJok- ATTEST: PROTHONOTARY " ,.,,., ,.,,., ,., '" "'''''''''''''''':f.:f. Of. ,., '" ,., :F. it':F. Of. :F. J. ~ ~.~ ~~jL, 1~.)-e -II ~ ~ p. /ff""" 1"'l 1~' te - II ." ~ .. DEe 18 2006,y{ r KEVIN A. WHITZEL, PLAINTIFF PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, v. NO. 06-3601 DENISE M. WHITZEL, DEFENDANT : DIVORCE/CUSTODY ACTION ORDER AND NOW, this {~ day of August, 2006, the within Agreement as to custody of the minor child having been signed and acknowledged by the respective parties thereto, the terms and conditions of the aforesaid Agreement are hereby adopted as the Order of this Court. BY THE COUBJ"---'-- ~/' J. c,;:) "'.....-,. ',.......- "*.~...~