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HomeMy WebLinkAbout06-6183COURT CO~'Y ELIZABETH FOSTER CLEMENS Plaintiff v. JACOB JOSHUA CLEMENS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . No. C~(o - ~ [ P3 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 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, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. BY THE COURT: J. ELIZABETH FOSTER CLEMENS : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNS~Y-L~V^ANIA JACOB JOSHUA CLEMENS Defendant COUNT NO. ~ 2~ Pa. C.S A. $~~ol (c) OR (d) 1. The Plaintiff is Elizabeth Foster©Clemens, an adult individual who currently resides at 26 Merion Lane, Hummelstown, Dauphin County, Pennsylvania 1036. 2. The Defendant is Jacob Joshua Clemens, an adult individual who currently resides at 160o Kent Drive, Camp Hill, Cumberland County, Pennsylvania, 1'JO11. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant are both citizens of the United States of America. 5. The Defendant is not a member of the Armed Services of the United States or any of its allies. 6. The Plaintiff and Defendant were married on March 11, 2002 in Dauphin County, Pennsylvania. 1 ~. There have been no prior actions of divorce or annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. io. Plaintiff avers that there is one child of the parties under the age of i8 namely, Alicia Elizabeth Clemens born October 3, 2002. COUNT N0.2 CUSTODY The Plaintiff hereby incorporates by reference all of the averments contained in Count One of this Complaint. i. The Plaintiff has not participated as a parry, witness or otherwise in any other litigation concerning the custody of said child in Pennsylvania or any other state. 2. The Plaintiff does not have information of any custody proceeding concerning the said child in any Court of Pennsylvania or any other state. 3. Plaintiff does not know of any person not a party to these proceedings who has physical custody of said child or who claims to have custody or visitation rights with respect to her. WHEREFORE, the Plaintiff requests the Court to enter a Decree: (a) Dissolving the marriage between Plaintiff and Defendant; 2 (b) Directing that the custody of said minor child of the marriage be awarded to the Plaintiff; and (c) Such further relief as the Court may determine equitable and just. Dated: /U ~ ~ JONES & HENNINGER, P.C. Attorney for Plaintiff sy: Peter R. Henninger, Jr., quire I.D. No. 4483 339 West Governor Road Suite 201 Hershey, PA i~o33-2086 X717) 533-7113 3 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. L~ izabeth Foster-Clemens, Plaintiff 4 ~ ~ ~ ~ ~ ~ c ~ ~ ~ ~ ~a r -'_ __ ~_:. :; r~_ ~~. ~.~ .~ .`.:J ~) ~~ -~'+ ~ ~. F ~~ a ,., ~;<<, _~ =~ ELIZABETH FOSTER CLEMENS IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-6183 JACOB JOSHUA CLEMENS :CIVIL TERM Defendant PRAECIPE Please reinstate the Complaint in the above-captioned matter. Respectfully submitted, Date: ~~~ l ~ ~ ~ Peter R. Henninger, Jr., Es ire ID# 44873 ~~ c-~ °- ~ C } "" ~ _ '~J .."" - } ~ ~. ~~~ a - __ - RECEIVED JAN 2 4 2007 ELIZABETH FOSTER CLEMENS Plaintiff v. JACOB JOSHUA CLEMENS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. o6-6i83 CIVIL TERM ACCEPTANCE OF SERVICE I, Jacob Joshua Clemens, Defendant in the above-captioned matter, hereby acknowledge that I received service of the original complaint in this matter on the date listed below. .-_ Date: .., Jacob shua Clemens 00 7Y~ > ra C _ ~ ~ -~_~ -- _ ~ _>~_ _ _:~: .~~ 1 `• 1 ~~~ .~,_.~ -~ ~~ ~:~ .. .. • ~f(Z~T O~U2S Ne - D a~D Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. o6-6i83 AFFIDAVIT OF CONSENT i. A Complaint in Divorce under §33oi (c) of the Divorce Code was filed on October JONES & HENNINGER, P.C. Peter R. Henninger, Jr., Esquire I.D. No. 44873 339 West Governor Road Suite 201 Hershey, Pennsylvania 17033 (717) 533.7113 ELIZABETH FOSTER CLEMENS Plaintiff v. JACOB JOSHUA CLEMENS Defendant 24, 2006. ,~ ~ , ~. • • 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 i8 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: ! ~ d ~~- Jaco oshua Cle ens, Defendant " --c; C ~ ~ ~~ S E `'j` _. r ~~ ~. ~t _ ,..,..~ 7~ r :Y: , ~.j.. JONES ~ HENNINGER, P.C. Peter R. Henninger, Jr., Esquire I.D. No. 44873 339 West Governor Road Suite 201 Hershey, Pennsylvania 17033 (717) 533-7113 Attorney for Plaintiff ELIZABETH FOSTER CLEMENS Plaintiff v. JACOB JOSHUA CLEMENS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6183 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~~~oi(c) OF THE DIVORCE CODE ~. I consent to the entry of a final Decree in 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. g. 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. L ? ~ C7 ~~ ~ ~'t _ .;.,'`;- ~ _~ r { ~ ~* f~? ~..' 3 ~-_ ^~ -~' 'iTk - ~~ ~4 ~,.°A ~ N '~.CJ ,_ ~ ^,~ JONES & HENNINGER, P.C. Peter R. Henninger, Jr., Esquire I.D. No. 44873 339 West Governor Road Suite 201 Hershey, Pennsylvania 17033 (717) 533-7113 ELIZABETH FOSTER CLEMENS Plaintiff v. JACOB JOSHUA CLEMENS Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. o6-6i83 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §33oi (c) of the Divorce Code was filed on October 24, 2006. ~/ L '. 4 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety C9o) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in 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.A. §4904 relating to unsworn falsification to authorities. Date: `~ ~ U Z~ ~,'~ zabeth Foster Clemens, Plaintiff ~ ~ "' t ~- ---~ f'"~' ~ (~~ ~Mx'"' j"~'( ...-.. . ~ ~~ _ ~ t_.. ~k,.. ~',.Z~ ~ r,i JONES & HENNINGER, P.C. Peter R. Henninger, Jr., Esquire I.D. No. 44873 339 West Governor Road Suite 201 Hershey, Pennsylvania 17033 (717) 533-7113 Attorney for Plaintiff ELIZABETH FOSTER CLEMENS Plaintiff v. JACOB JOSHUA CLEMENS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. o6-6i83 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3,~oi(c) OF THE DNORCE CODE 1. I consent to the entry of a final Decree in 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 I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: L / Q izabeth Foster Clemens, Plaintiff ~"'- ~ {7 --- ~ ._,., -rz °~`; ~°~ ; its --~ :T -- - - ~ • I Y ^~ 3 ~.,~ . ~...w > 4 ' , t ... y ~ ~^'~ ~'-1 ELIZABETH FOSTER CLEMENS, Plaintiff v. JACOB JOSHUA CLEMENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 06-6183 CIVIL ACTION- LAW IN DIVORCE 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) 3~~]X(~ ~~~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service dated January 16, 2007, 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by Plaintiff 4/ 1 7/07; by Defendant 4/ 17/07 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: N/ A (2) date of filing and service of the Plaintiff's affidavit upon the Respondent: N/ A 4. Related claims pending: NON E 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: N/A (b) Date of Plaintiff's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary: 5/ 10/07 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: 5/10/07 At rney (PLAINTIFF) 7~D®mpQ~fAQ~f4 X X N c=am ~; ~ ~q ~ ~i ~~ ~_ _ ~ i ~-- ,, I .Y .. o '"`^' 4 ~ L . _r~, l f; ' ~~ ~ , ~ 1 ~ ,_._} -tea .~..,.:. ..t, , I N THE COUR`T' OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ^ " PENNA. ~ ~ ~. ,.. r ELIZABETH FOSTER CLEMENS NO. 06-6183 VERSUS JACOB JOSHUA CLEMENS DECREE IN DIVORCE ~,z AND NOW, ~,~~Vr /, IT iS ORDERED AND DECREED THAT ELIZABETH FOSTER CLEMENS PLAINTIFF, AND JACOB JOSHUA CLEMENS 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; ~~ ~~ ~ ~f~ ~®~~-~ - s . ~, . ,. S • ELIZABETH FOSTER CLEMENS Plaintiff V. JACOB JOSHUA CLEMENS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 6183 Civil Term CUSTODY STIPULATION The parties hereto agree as follows: 1. It is the intention of the parties and the parties agree that they will have shared legal custody of Alicia Elizabeth Clemens, D.O.B. 10/03/2002. The parties agree that major decisions concerning the child including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's right to shared legal custody of the child. Each parent agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full ,, information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. 5309. 2. Primary physical custody of the minor child shall be with the Mother. Father shall have partial custody of the minor child in accordance with the following schedule: (a) Alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. (b) The parties will alternate the following major holidays: New Years Day, Easter, Memorial Day, Fourth of July, and Labor Day. The custodial period shall run from 9:00 a.m. to 7:00 p.m. This schedule will begin with Mother having the child on New Years Day 2007. Mother shall always have the Thanksgiving holiday with the child and Father shall always have at least Christmas Eve until Christmas day with the child with the only provision being that mother will always have the child for her traditional family celebration which usually occurs the weekend before or after Christmas. 3. Father shall have custody on Father's Day and Mother shall have custody on Mother's Day. 4. Beginning in 2006, both parties are entitled to two (2) non-consecutive weeks of uninterrupted custody during the summer. It is understood that a week is defined as seven (7) days, which must include the party's regularly scheduled custodial weekend. Each party shall provide the other with thirty (30) days notice of his/her intention to exercise the extended custody period. 5. The holiday schedule shall take precedence over the regular custody schedule. 5 r 6. During any period of custody or visitation, the parties to this order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 7. No party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the child. 8. Each party shall be entitled to reasonable telephone or a-mail contact with the child when he/she is in the custody of another party. The parties shall provide to one another an emergency contact telephone number, a-mail address or contact person. 9. The parties shall refrain from making derogatory comments about the other party in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the child. 10. It is understood and stipulated by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between the parties and that such mutual agreement would be in the best interests of the child. 11. Father will provide transportation. 1 Z. Should either party have the child spend overnight at a place other than their primary residence, the other party will be given the address and telephone number where the child is spending the night. 13. The parties shall organize ways for their child to maintain his/her friendships, extracurricular activities and other special interests, regardless of which household they may be in. It is also suggested that toys, clothing, etc. not become matters of contention. ~ •~ ,. WITNESS: Eli beth Oster Clemens Date: ~~ _ s ~~!~~ ~acab fc~,$f5u~'Clemens Date: ' d ~~ ~ ~ :-y ~ < r~ ~... t ~ ~- ~- .,,,~ .. i '~' ~.. ; `~.;..i .f.-~ :. ~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, y PENNSYLVANIA Plaintiff r Vs File No. duo - ~ ~ ~ 3 r IN DIVORCE ~Co~j Bosh u~- Ge~~US Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or ?~ after the entry of a Final Decree in Divorce dated ~~~? G 7 , hereby elects to resume the prior surname of C ~e ~tJ~<< ,and gives this written notice avowing his /her intention pursuaY to e ov' ' f 54//P. 704. Date: ~0 67 ~~~~ C. Signature c7=~ v'~ Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OFCcr,~.+,,~~,0~ ~~% ) On the ~ ~` day of D~ , 200 ~, 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 acknowledgeii 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. NOTARIAi. SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION E~IRES JANUARY 4, 2010 ~~ ,~ ~~~~ Prothonotary or Notary Public ["~ ~ r-~ ~ D -rz ' ~ fi =' rt tt'° r -~. -~ ... _~ ~` t ~ t~i~=~ . ..,~ ) ~ -C `~ 1 f'+• .. .~ , r .. ~~ JUN 012007,y~.y ELIZABETH FOSTER CLEMENS IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~. NO. o6-6i83 JACOB JOSHUA CLEMENS Defendant CUSTODY ORDER AND NOW, this ~ day of ~~ , 2007, upon consideration of the attached Custody Stipulation, said Stipulation is hereby entered as an Order of Court. ~. ~"'l~'"o 0~-ll-D ~ ~' -- iw.. -r . ;~:,. { = ~ 1 ~ ~z_ _~~ ~ ~ :' I ~ y ..~~/ '...^ S~t..i ~ --1 ,.i C! ~- d ~ ~ .;.J~ C ~ .