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HomeMy WebLinkAbout06-4325CARYN J. SHAFER, IN THE COURT OF COMMOM PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DIVORCE JOHN L. SHAFER. 4 3 C? Ts- Defendant No. 0( - 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 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 at Cumberland County, 1 Courthouse Square, 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, 00 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, Pa 17013 (717)249-2663 CARYN J. SHAFER, IN THE COURT OF COMMOM PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION LAW DIVORCE JOHN L. SHAFER Defendant No. 0 6 • U 316 C:,? 'T:, COMPLAINT IN DIVORCE Plaintiff is Caryn J. Shafer who currently resides at 418 Kent Drive, Mechanicsburg, Cumberland County, Pennsyyvania, 17050. 2. Defendant is John L. Shafer who currently resides at 17 State Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 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 October 15, 2005 in Mechanicsburg, Pennsylvania. 5. One child was born to this marriage and one child was born of this couple prior to the marriage. 6. Neither Plaintiff nor Defendant is in the military or naval service of United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. 7. There have been no prior actions of divorce or for annulment between parties. 8. The marriage is irretrievably broken. 9. 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. 10. Plaintiff requests the court to enter a Decree of Divorce severing the marital relationship between Plaintiff and Defendant. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce permanently severing the matrimonial bonds between Plaintiff and Defendant. Respectfully submitted, / Susan K. Pickfofd, ? Attgrney ID No. 4 2 3344 Trindle Road Camp Hill, PA 17011 (717) 612-1660 Date: July 28, 2006 Attorney for Plaintiff VERIFICATION I, Caryn Shafer, verify that the statements made in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information, and belief. 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: 7 --YJPo a aryn S ?..? FJ t ? ? ?? ((`^^??,, ? 1 ?!.? ! J ? h ?O ? G` ° - ,_. CARYN J. SHAFER, Plaintiff JOHN L. SHAFER, vs. IN THE COURT OF COMMOM PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE Defendant No. CS (P - ?f 3 a S C i v d T r»-. AFFIDAVIT OF SERVICE I, Jaimie Arnold, hereby certify that on this date I personally served a copy of the attached Complaint in Divorce in the above captioned matter upon the defendant named herein by personally delivering same to him at the following location: John L. Shafer 17 State Road Mechanicsburg, PA 17050 I hereby state that the above is a true and correct statement. August 3, 2006 Respectfully Jaimie Arhekr - c/o 3344 Trindle Road Camp Hill, PA 17011 (717)612-1660 J W co CD CARYN J. SHAFER, IN THE COURT OF COMMOM PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DIVORCE JOHN L. SHAFER, Defendant No. 06- 4325 Civil Term AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on July 31, 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.F.S. §4904 relating to unsworn falsification to authorities. Date: r c JO Cl) Q t Y '? a ? 1'? K± t Ct?j gj A ? .. t t `?t 3 cr, CARYN J. SHAFER, IN THE COURT OF COMMOM PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DIVORCE JOHN L. SHAFER, Defendant No. 06- 4325 Civil Term 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. §4904 relating to unsworn falsification to authorities. Date: era r " C "' i 1 + ` CARYN J. SHAFER, IN THE COURT OF COMMOM PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DIVORCE JOHN L. SHAFER, Defendant No. 06- 4325 Civil Term AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on July 31, 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. Date: C :73 F CARYN J. SHAFER, IN THE COURT OF COMMOM PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DIVORCE JOHN L. SHAFER, Defendant No. 06- 4325 Civil Term 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. §4904 relating to unsworn falsification to authorities. Date: ,,? t ? 4Ln CARYN J. SHAFER, IN THE COURT OF COMMOM PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DIVORCE JOHN L. SHAFER, a& -0 as, Defendant No. AGREEMENT AND STIPULATION THIS STIPULATION AND AGREEMENT entered into this 'yam day of 2007, by and between Caryn J. Shafer, (hereinafter referred to as ` other") and John L. Shafer, (hereinafter referred to as "Father"). WHEREAS, Father and Mother are the natural parents of Kira Shafer (DOB 5/6/04) and Nevaeh Shafer (DOB 3/8/06); and WHEREAS, Father and Mother desire to enter into a comprehensive Custody Stipulation and Agreement setting forth the physical and legal custody arrangements for their minor child, to be in effect hereafter and until altered by subsequent agreement or order of court; and WHEREAS, Father and Mother desire to confirm their agreement relative to custody of their minor children and execute a Stipulation and Agreement to affect the same. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The Father and Mother shall share legal custody of their children, 2. The Mother and Father shall have shared physical custody of the minor children with Mother having Primary Physical Custody and Father having periods of Partial Custody as follows: (1) Father shall have the minor children alternating weekends from Friday evening to Sunday evening. Pick up times shall be by mutual agreement. Father shall have the minor children weekday evenings as agreed upon by the parties. (2) Regarding holidays, Parties are free to make whatever arrangements they can agree upon. Should they not be able to agree the following schedule shall be followed: Christmas - Shall alternate between Mother and Father. On odd numbered years Father shall have the children from 5:00 p.m. Christmas eve until 1:00pm Christmas day. On even numbered years, Father shall have the children from 1:00 pm to 7:00 pm Christmas Day. Mother shall have the children on even numbered years for the same period of time. Thanksaivine - Shall alternate between Mother and Father. On even numbered years, Father shall have the children from 9:00 am on Thanksgiving Day through 7:00 pm the day following Thanksgiving. Mother shall have the same period of time on odd numbered years. Easter - Shall alternate between Mother and Father. On even numbered years, Mother shall have custody of the children from Saturday night at 6:00 p.m. until Easter Sunday at 4:00 p.m. On odd numbered years, Father shall have custody for the same period of time. New Years - Shall alternate between Mother and Father. Mother shall have the children on odd numbered years (The year in which the 1St falls) from 6:00 p.m. December 31 st until 5:00 p.m. January 1St. Father shall have child on even numbered years for the same period of time. Children's birthday - On the minor children's birthdays, the non-custodial parent shall have the option of having the children for a 3 hour period during the day or evening. Mother's Day and Father's Day - The children shall spend every Mother's Day with the Mother and every Father's day with the Father. 3. In order to protect the best interests of the children, Mother and Father agree that they will each submit to and produce results of a laboratory test for controlled substances prior to the initial signing of this agreement and on the request of the other parent, should that parent suspect the use of drugs during periods of time with the children. Should a test have positive results, the requesting parent may withhold visitation until the matter is resolved but for no more than three weeks. 3. Neither parent shall leave the minor children with other relative or non-relatives other than the agreed upon day care facility for more than 2 hours at any one time. If for any reason a parent needs to leave the children for longer than 2 hours, the other parent must be notified and have the option of picking the children up for that period of time. 4. Neither parent shall remove the children from the state without prior written notice to and consent from the other parent. 5. Each parent shall have equal access to the children's day care facility, records and personnel as well as heath and school records. Each parent shall insure that the other parents name is on any list of persons permitted to see and/or pick up the children from any day care facility or school. 6. The parties will keep each other advised immediately relative to any emergencies concerning the minor children and shall, further, take any necessary steps to ensure that the health and wellbeing of the minor children is protected. Each parent shall notify the other within 24 hours of illness, injury. Doctor visits shall be reported to the other parent within 24 hours. 7. The parties agree that there shall be reasonable telephone contact with the children during periods when the children are not in the custody of that party. 9. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love and affection for the other party. Nor shall either parent permit other relatives or friends to speak or act in such a manner in the presence of the children. 10. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or other similar authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards and birth certificates. 11. Any permanent modification or waiver of the provisions of this Agreement must be in writing and shall be affective only if made in writing and executed with the formality of this Stipulation and Agreement. 12. The parties acknowledge that entering into this Stipulation and Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealings on the part of either party. 13. The parties acknowledge that they have read and understood the provisions of this Stipulation and Agreement. Each party acknowledges that the Stipulation and Agreement is fair and equitable and that it is not the result of duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year above written. 0 C= -n 2}t ? CO CARYN J. SHAFER, IN THE COURT OF COMMOM PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DIVORCE JOHN L. SHAFER, : Defendant No. 06- 4325 Civil Term PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a decree: Code. 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce 2. Date and manner of service of the complaint: August 3, 2006, hand delivered to Defendant. 3. Execution of the affidavit of consent required by §3301(c) of the Divorce Code were signed by Plaintiff NJ;r-e- 2007, by Defendant 2007. 4. No claims were raised. 5. (b)Waiver of Notice for Plaintiff was filed with the prothonotary on ?-? ,4', 2007. (c) Waiver of Notice for Defendant was filed with the prothonotary on ,2007. usan K. Pick , Es Attorney for P aintiff 3400 Trindle Road Camp Hill, Pa 17011 717-612-1660 ID #43093 f rn m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ??FKyN J . SIffFF? -N 0. y3as -7- aO ? VERSUS To H tJ L SH l f EX DECREE IN DIVORCE AND NOW, 5W04- I ;? , , IT IS ORDERED AND DECREED THAT CAI2Y/? .5P q FCi2 PLAINTIFF, AND ,To HA) L• S/f AFE? 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; /JoaE PROTHONOTARY co, of - ? '} , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, U" a NNSYLVANIA Plaintiff r V FilcNo.C7?00?Q L IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking " x1 or after the entry of a Final hereby elects to resume the prior surname of written n 'ce avowing his / her intention pui Date: C42M?_u 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?b 4-l t the day of U` -t-e- 2002 before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof I have hereunto set my hand hereunto set my hand and official seal. f Notary Public LE NDTTMY NOTA W Qom rAm EB JAMMRY 4 Prior to the entry of a Final Decree in Divorce, ? G - y, r p r 1 ` A? ???•` ': '"?A+,..?yR, G O Q o rt n . tT7 \ G?j ?