Loading...
HomeMy WebLinkAbout06-4017 NATHAN C. WOLF, ESQUIRE ATTORNEY In NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (7M 741-4436 ATTORNEY FOR PLAINTIFF DARRIN E. SHOFF, V. EVELYN M. SHOFF, Plaintiff Defendant : NO. 06 - q017 CIVIL TERM 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 in 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, 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 0 . -11 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF DARRIN E. SHOFF, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. EVELYN M. SHOFF, Defendant : NO.06 - L1017 CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(Q OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Darrin E. Shoff, an adult individual residing at 81 Cranes Crap Road, North Middleton Township, Cumberland County, Pennsylvania 17013. 2. The defendant is Evelyn M. Shoff, an adult individual residing at 245 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were marred on May 9, 2003, in Carlisle, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parses and for such further relief as this Honorable Court may deem equitable and just. 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.CS. Section 4904, relating to unswom falsification to authorities. 3 , 2006 2006 Attorney for Plaintiff ?? ,4 ? _, p 1.-- r _ .--1 i ?? ? ?- _ J A i 0!7 L _ ? ? P l% NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DARRIN E. SHOFF, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. EVELYN M. SHOFF, Defendant : CIVIL ACTION - LAW : NO. 06 - z1 I CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotarys Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 falsification to authorities. I 2006 E. SHOFF, Plaintiff ?....? u. ??? ? ?? 1. ATTORNEY In NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 741-0436 ATTORNEY FOR PLAINTIFF DARRIN E. SHOFF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. EVELYN M. SHOFF, Defendant : CIVIL ACTION - LAW : NO. 06 - 4017 CIVIL TERM : IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint of Divorce in the above-referenced matter pursuant. Attached is a copy of the Complaint of Divorce to reinstate. Respectfully submitted, WOLF & September, 2006 NATjmN ESQUIRE , Supreme ?u/rr?j #87380 10 West H Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff u `l C/7 r[ I, _ C =1 Q NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DARRIN E. SHOFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW EVELYN M. SHOFF, : NO. 06 - 4017 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint of Divorce in the above-referenced matter pursuant. Attached is a copy of the Complaint of Divorce to reinstate. Respectfully Submitted, WOLF & WOLF October 6, 2006 V-11 -------- Attorney for Plaintiff C? rr? ` C_n a-7 l.D "< NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DARRIN E. SHOFF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. EVELYN M. SHOFF, Defendant CIVIL ACTION - LAW NO. 06 - 4017 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA RCP RULE NO 1920 4(a)(1)(I) NOW, Nathan C. Wolf, Esquire, being duly sworn according to law, does depose and states: 1. That he is a competent adult and attorney for the plaintiff in the above-captioned action in divorce. 2. That he mailed a copy of the Complaint in Divorce to Defendant on September 6, 2006, by regular and certified mail, and that the certified mail was returned as unclaimed, but the regular mail was not returned within 15 days. 3. That the complaint in divorce was served upon the defendant on or about September 6, 2006 by regular mail. 11 Date: October 2006 Sworn to and subscribed Before me dlis'(day of October, 2006. t ?QI--. Notary Public NOTARIAL SEAL EWxCa0M:MISS1ON NIE L. COYLE, NOTARY PUBLIC CARLISLE, CUMBERLAND CO pA .. EXPIRES OCTOBER 17.. G cy- ° _ ; .1_ n or DARRIN E. SHOFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2006 - 4017 CIVIL TERM EVELYN M. SHOFF., : Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Defendant, Evelyn M. Shoff, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Darrin E. Shoff, is an adult individual with an address of 81 Cranes Gap Road, North Middleton Township, Cumberland County, Carlisle, Pennsylvania 17013. 2. The Defendant, Evelyn M. Shoff, is an adult individual with an address of 245 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The parties are the natural parents of one (1) child, namely, Dayton L. Shoff, born December 5, 2003. 4. The Defendant desires legal custody of the minor child, Dayton L. Shoff, because the Plaintiff refuses to discuss Dayton's welfare. 5. The Defendant desires primary physical custody of the minor child, Dayton L. Shoff, with periods of temporary physical custody to Plaintiff as the parties can agree. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Defendant's request as set forth above. WHEREFORE, the Defendant, Evelyn M. Shoff, respectfully requests that he be awarded primary physical custody and shared legal custody of Dayton L. Shoff, as provided herein, with periods of temporary physical custody to Plaintiff as provided herein. Respectfully submitted, IRWIN & McKNIGHT C By: Marc . cKni III, Esquire Att rney for Plaintiff 60 mfret Stre Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: December 18, 2006 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: December 18, 2006 ?,^'+. ? 1 t4 ?-?^; ??i?[S e G;i. .. „. ,?. ,..-_? .?, .. yf J. 'wa DARRIN E. SHOFF, Plaintiff V. EVELYN M. SHOFF, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - 4017 CIVIL TERM IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendant, EVELYN M. SHOFF, in the above captioned case. Respectfully submitted, By; IRWIN & McKNIGHT -us A. Mc ight, III, Esquire est Po t Street ennsvlvania 17013 (717) 249-2353 Attorney for defendant Date: December 19, 2006 DARRIN E. SHOFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2006 - 4017 CIVIL TERM EVELYN M. SHOFF, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe for Entry of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Nathan C. Wolf, Esq. 10 West High Street Carlisle, PA 17013 IRWIN & McKNIGHT C By: 'Maros A. McKni t, III, Esquire 60 West Pomfret S et (717) 249-2353 Supreme Court I.D. No. 25476 Date: December 19, 2006 r? d r l t S y tS? ."i ?.3 -4 DARRIN E. SHOFF IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-4017 CIVIL ACTION LAW EVELYN M. SHOFF IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, December 28, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, Tuesday, January 23, 2007 at 8:30 AM at 4th Floor, Cumberland County Courthouse, Carlisle on 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 hearing. FOR THE COURT. By: /s/ ac ueline M. Verne Es . 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 HAVE AN ATTORNEY OR CANNOT AFF ORD ON GET LEGAL O OR HEEIEPPHONE THE OFFICE SET FORTH BELOW TO FIND OUT HERE YU Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 • G?y ` C2g? *:,2 -",? Ar - ?j 1 r`'J r., ti JAN 2 3 2007 /-'V DARRIN E. SHOFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4017 CIVIL ACTION - LAW EVELYN M. SHOFF, Defendant IN CUSTODY ORDER OF COURT tl? AND NOW, this day of _SaKgar , 2007, upon consideration of the attached Custody Conciliation Repo , it is ordered and directed as follows: 1. The Mother, Evelyn M. Shoff and the Father, Darrin E. Shoff, shall have shared legal custody of Dayton L. Shoff, born December 5, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody on alternating weeks from Monday morning, when Mother shall take the child to daycare, to Sunday at 4:00 p.m. Father's period of custody shall begin January 29, 2007. 4. In the event that either parent is in need of a babysitter for longer than two (2) hours, they shall notify the other parent of the time and offer said time to the non- custodial parent. 5. Transportation shall be shared as agreed by the parties. 6. This Order is entered 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 of this Order shall control. Another Custody Conciliation Conference is scheduled for February 27, 2007 at 8:30 a.m. BY THE COURT, J. cc: Marcus A. McKnight, III, Esquire, Counsel for Mother ..? 7 Stacy Wolf, Esquire, Counsel for Father ??a u? yiNWIAS N'NOd 90 :0 WV 9z NVr L60Z t s-?p ( S,t 3 ..1? DARRIN E. SHOFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4017 CIVIL ACTION - LAW EVELYN M. SHOFF, Defendant : IN CUSTODY PRIOR JUDGE: None 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dayton L. Shoff December 5, 2003 Mother 2. A Conciliation Conference was held in this matter on January 23, 2007, with the following in attendance: The Mother, Evelyn M. Shoff, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Darrin E. Shoff, with his counsel, Stacy Wolf, Esquire. 3. The parties agreed to an Order in the form as attached. Date cqu e M. Verney, Esquire Custody Conciliator FEB 27 2007,r+v' DARRIN E. SHOFF, . IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4017 CIVIL ACTION - LAW EVELYN M. SHOFF, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1 B day of _Oft em , 2007, upon consideration of the attached Custody Conciliation Report, t is ordered and directed as follows: 1. The prior Order of Court dated January 25, 2007 shall remain in full force and effect with the following additions and modifications: 2. Holidays shall take precedence over the regular schedule as follows: A. Easter shall be shared such that Father shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody of the child from 3:00 p.m. to 9:00 p.m. B. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. and Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. C. Thanksgiving shall be shared such that Father shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody of the child from 3:00 p.m. to 9:00 p.m. D. Christmas shall be shared such that Father shall always have physical custody of the child from Christmas Eve at 6:00 p.m. to Christmas Day at 3:00 p.m. and Mother shall always have physical custody of the child from 3:00 p.m. Christmas Day to December 26 at 3:00 p.m. 3. Father shall be entitled to two non-consecutive 7-day periods in the summer provided he give Mother 60 days prior notice. These periods shall coincide with Father's normal 6-day periods which shall just be extended for one additional day. 4. This Order is entered 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 of this Order shall control. V 90 .0 VIV ! -- 8VW LOOZ BY THE COURT, cc? A. McKnight, III, Esquire, Counsel for Mother 54cy Wolf, Esquire, Counsel for Father ei3> \ DARRIN E. SHOFF, Plaintiff V. EVELYN M. SHOFF, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-4017 CIVIL ACTION - LAW : 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dayton L. Shoff December 5, 2003 Mother 2. A Conciliation Conference was held in this matter on February 27, 2007, with the following in attendance: The Mother, Evelyn M. Shoff, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Darrin E. Shoff, with his counsel, Stacy Wolf, Esquire. 3. The Honorable M.L. Ebert, Jr. entered an Order of Court dated January 25, 2007 providing for shared legal custody, Mother having primary physical custody and Father having alternating six day periods. 4. The parties agreed to an Order in the form as attached. ?? -9, 7 -0 7 /Vl • V Date acq line M. Verney, Esquire Custody Conciliator DARRIN E. SHOFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2006 - 4017 CIVIL TERM EVELYN M. SHOFF, Defendant IN CUSTODY CUSTODY STIPULATION AND NOW, this ? y da of a?w?.? 1::v, 2009, the parties, DARRIN E. SHOFF and EVELYN M. SHOFF hereby enter into the following Custody Stipulation and Agreement regarding their minor son, DAYTON L. SHOFF: 1. The Plaintiff, Darrin E. Shoff, is an adult individual who resides at 32 South Hanover Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Evelyn M. Shoff, is an adult individual who resides at 245 Plaza Drive, Boiling Springs, Pennsylvania 17007. 3. The parties are the natural parents of one (1) child, namely, Dayton L. Shoff, born December 5, 2003, being five (5) years of age. 2 4. The parties agree that the previous Order of Court in this custody case 2006-4017 and dated January 25, 2007, is vacated to provide that the natural mother, Evelyn M. Shoff, has sole physical custody and sole legal custody of minor child, Dayton L. Shoff. In consideration of this Stipulation, Defendant agrees to suspend her present Child Support Order at PACSES #622108320 effective January 20, 2009. The Plaintiff will be required to continue to pay any accrued arrearages. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: f } (SEAL) DARRIN E. SHOFF (SEAL) EVELYN M. SHOF C`7 ey t"' ? "`- -`a c ...)? "r? ??,n3 ?: ? ,°i' t ? . ? =. Wit. -?. G JAN 2 3 2009 5 DARRIN E. SHOFF, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2006 - 4017 CIVIL TERM EVELYN M. SHOFF, . Defendant IN CUSTODY ORDER OF COURT 1ti AND NOW, this -4 day of 'Sar% 2009, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that the following be entered as an Order of Court: I . The Order of Court dated January 25, 2007, in the custody case of Darrin E. Shoff, Plaintiff, v. Evelyn M. Shoff, Defendant, docketed at 2006-4017 is hereby vacated. 2. The Defendant, Evelyn M. Shoff, shall have sole legal and sole physical custody of the minor child, Dayton L. Shoff, age five (5) born December 5, 2003. 3. The Defendant, Evelyn M. Shoff, will suspend effective January 20, 2009, the Support Court Order at Evelyn M. Shoff v. Darrin E. Shoff, Docket Number 00462 S 2006. The Office of Domestic Relations will only collect by wage attachment the sum of $80.00 per month until said arrearages are paid. 4. In the future, either party may file to modify custody or seek child support at the appropriate child support or custody action. By the Court: cy Wolf, Esq. Attorney for Plaintiff 1,,?darcus A. McKnight, III, Esq. Attorney for Defendant a ell :1 ! Wd 9z Nvr 6ooz _,, , LL