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HomeMy WebLinkAbout02-2820 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 0.;1.. ,..z.!j.,).o : NO. CIVIL TERM : IN DIVORCE c CHARLES W. SHAFFER, JR., Plaintiff V. WENDY M. SHAFFER, Defendant COUNT I COMPLAINT UNDER SECTION 330Hc) or 330Hd) OF THE DIVORCE CODE (") 0 0 C N -o1E " c- '-I lJ:) c:: !:;;IT :a::: F-r, :!J z~ r- ~'Cl n ~<; 0 "? $'c) :J? :~'10 po. .-.... ;r:=n 2' , ~ '';0 -8 5> .. r-::, Z:5m ~ -, :::> 1) (Xl -< 1. Plaintiff is Charles W. Shaffer, Jr., who currently resides at 30 Bellair Pike Road, Carlisle, Pennsylvania, 17013 Cumberland County since May 18,1991. 2. Defendant is Wendy M. Shaffer, who currently resides at 30 Bellair Pike Road, Carlisle, Pennsylvania, 17013 Cumberland County since May 18, 1991. 3. Plaintiffand Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on May 18, 1991, in Carlisle, Pennsylvania Cumberland County. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiffhas 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 in Divorce. COUNT II. CUSTODY 1. The plaintiff is Charles W. Shaffer, Jr., residing at 30 Bellair Pike Road, Cumberland County, Carlisle, Pennsylvania 17013. 2. The defendant is Wendy M. Shaffer, residing at 30 Bellair Pike Road, Cumberland County, Carlisle, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Name Amber Shaffer Present Residence 30 Bellair Pike Road Carlisle, PA 17013 DOB Age Sept. 4, 1996 6 The child was not born out ofwedlock The child is presently in the custody of Charles W. Shaffer, Jr. who resides at 30 Bellair Pike Road, Cumberland County, Carlisle, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons Charles and Wendy Shaffer List All Addresses 30 Bellair Pike Road Carlisle, PA 17013 Dates Sept. 4, 1996-present The mother ofthe child is Wendy M. Shaffer currently residing at,30 Bellair Pike Road, Carlisle, Pennsylvania . She is married. The father of the child is Charles W. Shaffer, Jr., currently residing at 30 Belliar Pike Road, Carlisle, Pennsylvania. He is married. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with the following persons. Name Wendy Shaffer Amber Shaffer Relationship Wife Daughter , 5. The relationship of defendant to the child is that of Mother. The defendant currently resides with the following persons. Name Charles Shaffer Amber Shaffer Relationship Husband Daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare ofthe child will be served by granting the relief request because: Plaintiffhas undertaken and performed the primary parental responsibilities for the child. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. 8. 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 below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: , \ WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody with visitation in the Mother. Respectfully submitted, Date: G - ,0- t\C M~ Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #87663 Attorney for Plaintiff VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition 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: fP - 7Z - 02, F~~~~- Charles W. Shaffer, Jr., Plaintiff CHARLES W. SHAFFER. JR., Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. : CIVIL ACTION-LAW : CUSTODY WENDY M. SHAFFER Respondent PETmON FOR EMERGENCY RELIEF-REOUEST FOR ORDER FOR TEMPORARY PRIMARY PHYSICAL CUSTODY AND NOW, comes the Petitioner, Charles W. Shaffer, Jr. by and through his attorney, Mark F. Bayley, Esquire, and avers the following in support of this Petition for Emergency Relief: 1. Petitioner is Charles W. Shaffer, Jr., who currently resides at 30 Bellair Pike Road, Carlisle, Pennsylvania. 2. Respondent is Wendy M. Shaffer who currently resides with Petitioner at the same address. 3. Petitioner and Respondent are the parents of Amber Shaffer, age six. who resides at the same address. 4. On June 10,2002 Petitioner filed a Complaint in Divorce as well as a Complaint in Custody (Attached as exhibit "A"). S. Petitioner now wishes to move out of the marital residence and into a nearby apartment. 6. Petitioner believes that his move from the marital residence without child will place child in serious danger. 7. Respondent has recently been diagnosed with depression and was prescribed medication for the same as well as refurred to counseling. 8. Respondent has threatened to commit suicide orally and in writing due to the breakup ofher marriage with Petitioner. 9. Respondent has recently refused to continue taking her medications prescribed for her depression and has refused to continue counseling. 10. Petitioner believes that harm could result to the child, in the early stages of the breakup to come, due to Respondent's condition and her refusal to take medication or seek treatment. 11. Petitioner is fully competent and capable of providing primary care to the child until Respondent's condition improves or until a hearing on this Petition or a conciliation has been made. WHEREFORE, Charles W. Shaffer respectfully requests that he be granted primary physical custody of Amber Shaffer up until the time of conciliation with visitation in Mother if the parties can agree. Petitioner additionally requests that he be granted primary physical custody of Amber Shaffer immediately and up until the time of the hearing scheduled regarding this petition. Respectfully submitted, ROMINGER & BAYLEY ~~urre 155 S. Hanover St. Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Richard V. Metzgar '. VERIFICATION I verifY that I am the petitioner and that the statements made in the foregoing Petition 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. ~f=-~- Charles W. Shaffer, Jr., Plain~ Date: C; -0 7- /l).2 CHARLES W. SHAFFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW WENDY M. SHAFFER, Defendant : NO. CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, ,20--, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2002--, at o'clock, _.m., 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 accornplished, 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 rnay provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator 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 rnust attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS 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. Office of the Court Administrator Cumberland County Court House, Fourth Floor Carlisle, PA 17013 (717) 240-6200 t;)C~:~~\ itA ,\ CHARLES W. SHAFFER. JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW WENDY M. SHAFFER. Defendant : NO. CIVIL TERM : IN DIVORCE COUNT I COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiffis Charles W. Shaffer, Jr., who currently resides at 30 Bellair Pike Road, Carlisle, Pennsylvania, 17013 Cumberland County since May 18, 1991. 2. Defendant is Wendy M. Shaffer, who currently resides at 30 Bellair Pike Road, Carlisle, Pennsylvania, 17013 Cumberland County since May 18, 1991. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on May 18, 1991, in Carlisle, Pennsylvania Cumberland County . 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiffhas 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 in Divorce. COUNT n. CUSTODY 1. The plaintiffis Charles W. Shaffer, Jr., residing at 30 Bellair Pike Road, Cumberland County, Carlisle, Pennsylvania 17013. 2. The defendant is Wendy M. Shaffer, residing at 30 Bellair Pike Road, Cumberland County, Carlisle, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Name Amber Shaffer Present Residence 30 Bellair Pike Road Carlisle, P A 17013 DOB Age Sept. 4, 1996 6 The child was not born out of wedlock The child is presently in the custody of Charles W. Shaffer, Jr. who resides at 30 Bellair Pike Road, Cumberland County, Carlisle, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons Charles and Wendy Shaffer List All Addresses 30 Bellair Pike Road Carlisle, PA 17013 Dates Sept. 4, 1996-present The mother of the child is Wendy M. Shaffer currently residing at,30 Bellair Pike Road, Carlisle, Pennsylvania . She is married. The father ofthe child is Charles W. Shaffer, Jr., currently residing at 30 Belliar Pike Road, Carlisle, Pennsylvania. He is married. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with the following persons. Name Wendy Shaffer Amber Shaffer Relationship Wife Daughter 5. The relationship of defendant to the child is that of Mother. The defendant currently resides with the following persons. Name Charles Shaffer Amber Shaffer Relationship Husband Daughter 6. Plaintiffhas not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. PIaintiffhas no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody ofthe child and claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiffhas undertaken and performed the primary parental responsibilities for the child. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody ofthe child have been named below, who are known to have or claim a right to custody or visitation of the child will be given notice ofthe pendency of this action and the right to intervene: WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody with visitation in the Mother. Respectfully submitted, Date: C, - \0- ~L- ~~ Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #87663 Attorney for Plaintiff VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition 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: (p - ~ - D.2., ~....~..~ ?/C .' r ~ - Charles W. Shaffer, Jr., Plaintiff ~ ~ >- 0:) ~~ - ~ c:: ,...r') t'5~ N 8f ~ ~ - x: ~ rf~:' "- 0:::>; N C)'::.. .",5:: 0 - -:- C) c:> >~ 0 5- Cn: 2)2 ~ ~ LuG_ 0:: --', . . ~ UJw G:".t, ~ ::c ::.:;" LOll.. U 1--- -. ~ ti_ N ::) 0 C'.l <..> ~ CHARLES W. SHAFFER. JR., Petitioner v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. o;t-;;2g;;o : CIVIL ACTION-LAW : CUSTODY WENDY M. SHAFFER Respondent " ORDER OF COURT AND NOW, this ;?X day of ~, 2002 a hearing on the attached Petitionfor Emergency Reliefis hereby ordered to be held on the d/Jd/ day of ?d r ,2002 at 9: ,11? o'clock ~ m. in courtroom number Cumberland County Courthouse. / of the , ~t)o)O D__,.1:ng CG~A ~~ft"":-tt r".,lll 'I:'L\ BludR...... ~ufiJ. Inty\.i 'p.L~"'KUJ ....l...JP:~ _~t",dJ ,-,f "Au.u.b.!. _ 8110<<... nng W1.'~~ ..:tl. .b.lMlvu:" l.l-.tltu inin p~"':~ll M~ 'l'W- ~ UlWI tap>;D {f\~ ~-1I-6& "-.RK 0 to'. M a.tL'( Bdj~ : V1NV^1ASNN3d AlNnOO ON\f1l:J38Wro LE :8 \old II tmr 20 IL~Jl0''"-'''j "'." '" 'co ^ov. bl\..n-L _\,j,',J~~ .:lU 3013:!(I-0]:[j . , PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES W. SHAFFER v. 02-2820 CIVIL ACTION LAW WENDY M. SHAFFER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 11, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumherland County Courthouse, Carlisle on Tuesday, July 09, 2002 at 8:30 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 aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Jacqueline M. VernlO" EsqV 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 VB 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .' . '~~~1t1J1 ~~~ ~~~ $ ~-~ -/'P VlNVA1.J..SNN3d AlNnoo a~Nl1:E!8mo OS I€: Wd 21 Nnr 20 A'cNlQ,"I(',1 "C" " " . _ '"nl '<:::2 -;:.1' "0 jO:.4-.1n-rJ..,~":J '"'- ..... ,"..',~ ,::1 1,1...1 t7t?- e/ 'f ("p e/ ~ c:P c:y. ? CHARLES W. SHAFFER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-2820 CIVIL ACTION LAW WENDY M. SHAFFER, Defendant IN DIVORCE/CUSTODY ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce on behalf of the Defendant, Wendy M. Shaffer, in the above-captioned action and I certify that I am authorized to do so. DATE: ~ /9( ZO(/Z 0 0 c: i"-} s- c_ -0 c;.-~ c:: -;.~ 1',[1', .;:.'~ Z'J ~...., '1 ::z~C , l:!l ~:: OJ ~'~j ~l? 1/---- - '!;C ~ .--!'. :.:.:;.: ~-~ ;'-c-; (-) ~() ~ ;:--_;(fl C ~~--"; --~ ~ (,}'I -.- :0 (.-) '-< CHARLES W. SHAFFER, JR., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2820 v. CIVIL ACTION - LAW WENDY M. SHAFFER, Respondent IN CUSTODY PRAECIPE TO WITHDRAW PETITION TO THE PROTHONOTARY: Kindly withdraw the Petition for Emergency Reliefwhich was filed on or around June 10, 2002, in the above captioned case. Respectfully submitted, ROMINGER & BAYLEY NfS Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court lD # 87663 Attorney for Petitioner Date: June 28, 2002 CHARLES W. SHAFFER, JR., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2820 v. CIVIL ACTION - LAW WENDY M. SHAFFER. Respondent IN CUSTODY I, Mark F. Bayley, Esquire, attorney for Petitioner, do hereby certify that 1 this day served CERTIFICATE OF SERVICE a copy of the Praecipe to Withdraw Petition upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Marylou Matas, Esquire 200 North Hanover Street Carlisle, P A 17013 lV6 Mark F. Bayley, Esquire Attorney for Petitioner Dated: June 28, 2002 o c;: < 1..1 tT n~lr=!'; 2: _J 2:' f"-' \/J -..- t:::C. ::;::~ "" -:.--:::." ( ) c:S (-I po .e c: -",?' ='3 -, a IV o -,., c_ "-"- ::;::: ....! '\1J In C:;.J C~) -.. .,", "'("i 1'0 CD -0 /'..) :n ~;:- ,'-) "')f':n '-=1 ";:>- 5J --< CHARLES W. SHAFFER, JR., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2820 v. CIVIL ACTION - LAW WENDY M. SHAFFER, Respondent IN CUSTODY PRAECIPE TO WITHDRAW CONCILIATION HEARING TO THE PROTHONOTARY: Kindly withdraw the Conciliation Order scheduling a hearing/or July 9, 2002, in the above captioned case. Respectfully submitted, ROMINGER & BAYLEY .~ Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Petitioner Date: July 8, 2002 CHARLES W. SHAFFER, JR., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2820 v. WENDY M. SHAFFER, Respondent CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Praecipe to Withdraw Conciliation Hearing upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Marylou Matas, Esquire 200 North Hanover Street Carlisle, PA 17013 Dated: July 8, 2002 M~oo, Attorney for Petitioner (") CJ () c.: r~,.) --.1 ;0;.... -c I -- r"'1 i -- I'.:::" -. , Ct) ., ( 'f.) -.....: ~~~ ., ,''C._ ,.. .;;:. '- ;-? C.::' ~I ..,0:_ -~-' :::q -< r '.) ---.. JUL 1 1 2002 CHARLES W. SHAFFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-2820 CIVIL TERM WENDY M. SHAFFER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 11th day of July, 2002, the Conciliator being notified that the parties have signed a Custody Stipulation in the above matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, '- , CHARLES W. SHAFFER. JR. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW WENDY M. SHAFFER, Defendant : NO. 02-2820 CIVIL TERM : IN CUSTODY CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between WENDY M SHAFFER, (hereinafter referred to as "Mother") and CHARLES W SHAFFER, JR., (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of one child, namely Amber N. Shaffer, born September 4, 1995, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into an comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: I. Mother and Father shall have shared legal custody of the child. 2. Mother and Father shall have shared physical custody of the child at the following times: a.) Father shall have physical custody of the child from Sunday at 7:30 p.m. until Friday at 5:30 p.m.; , ~ , . b.) Mother shall have physical custody of the child from Friday at 5:30 p.m. until Sunday at 7:30 p.m. 3. The parties agree to use the same child care provider during their respective periods of physical custody. The CQ~;(jelr S hc<!( t e f/te t~f(7t//{q,( GYc../1cl /Lr 1-~e r.. Cs, 7..::u- o~ to~S 8- 1-0" 4. The parties agree to share transportation so that the party receiving custody of the child will provide transportation. 5. The parties agree that the child should be enrolled in the Carlisle Area School District beginning with the 2002-2003 school year. 6. For school purposes, Mother shall be considered the primary custodian/parent. 7. During the Easter holiday, Father shall have custody of the child at 3:00 p.m. on Easter Sunday. 8. The parties will alternate the holidays of Memorial Day, July 4th, and Labor Day. If the holiday falls on a Monday when it is Mother's holiday, Mother shall retain custody of the child until Monday evening at 7:30 p.m. If the holiday falls on any other day, the parent whose holiday it is shall exercise custody from 9:00 a.m. the day of the holiday until 9:00 a.m. the day after the holiday. For the year 2002 and all even numbered years thereafter, Mother shall have custody of the child on Memorial Day and Labor Day and Father shall have custody of the child on July 4th. In the year . , 2003 and all odd numbered years, Father shall have custody of the child on Memorial Day and Labor Day and Mother shall have custody of the child on July 4th. 9. During the Thanksgiving day holiday, the parties agree that Mother shall exercise custody from 9:00 a.m. until 3:00 p.m. on Thanksgiving Day and Father shall exercise custody of the child from 3:00 p.m. on Thanksgiving Day until the following morning at 9:00 a.m. Mother shall then obtain custody of the child on the morning following the holiday and retain custody through the weekend until Sunday at 7:30 p.m. 10. During the Christmas holiday, the parties agree that Father shall exercise custody of the child from Christmas Eve at 3:00 p.m. through Christmas Day at 11:00 a.m. Mother shall exercise custody of the child from II :00 a.m. on Christmas Day until of December 26th at 3 :00 p.m. 11. The parties will attempt to accommodate an arrangement where the child shall always be with Mother on Mother's Day and with Father on Father's Day. In the event this requires an exchange of days, the parties will attempt to accommodate each other to see that the child is with respective parent on the designated Mother's Day or Father's Day. 12. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical , . emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 13. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 14. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 15. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child has resided for her entire life in Cumberland County, Pennsylvania. 16. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 17. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any 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 hereinafter mentioned. WITNESSETH: It(1/'-(ok fj-f}-oJ. Date rD,. ~~'-- WENDY M FER ~./ ------ " ------- ~_.~ 7-.:V'D~~ ~ ~--_ Date CHARLES W. SHAFFER, JR. () ~~- ;:J?FD ~~_I: ~:;: ~-::- ?!? ~~ r-~ I""" :s:- ~.~ ..1-"' __ ~~ ;_,~' ~~f:' :::< C':) hJ 1'.:- ~-=> - f\.) (") -y-, -I :'-'!"1 . j~--~ -..Cji , . :::~ () ,-- . ~ )~/ . r..") ~rrl .::& -< a~!"l -.:: I\) ::::, Co VINV/\lASNN3d .. JJNnCO (lhf\\0tJjeVVnO 'It.; :2 ~id II lor 20 A!:N1CNO.-1l0UJ JHl ::10 30I:::l:!O-OJll:J " CHARLES W. SHAFFER, JR. Plaintiff AUG 1 5 200Z : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW WENDY M. SHAFFER, Defendant : NO. 02-2820 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW this \ ( /Lday of If\.... ~ ~ So t , 2002, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, J. cc: Mark F. Bayley, Esquire Attorney for Plaintiff Marylou Matas, Esquire Attorney for Defendant ~ ~ Y./lJ,bU ~ VIN'r/"\lASNN3d I "\In'~, ,"", ',' ",' r'i-':Xli,"'nf"\ IUJ'P~h.:.,!"" '..1" V "..1 9 C :2 !lei 6 I SIW 20 A8VlUr,iu: ." c:.,~ 3JI+;cf,,"o:nd _1/) ....,; ~.' CHARLES W. SHAFFER, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW WENDY M. SHAFFER, Defendant : NO. 02-2820 CIVIL TERM : IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter hereby elects to retake and hereafter use her previous name of Wendy May Young. ~~~ '~y~~-~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF U-\N"l;t(Itt~ On this Jfh' day of J\;\ 'fl( , 2003, before me, the undersigned officer, personally appeared Wendy May Shaffer, now known as Wendy May Young, known to me (or SS satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ . f' _~~-'~-'-"" ---.- .i Karl"'a' ,,'JOtoC1(id Sea; C ~ ...,'. Lehman N r M arlisle Boro C ' otary Public , j Y Commission E uTrfber/and County ...----..___"." _ Xp~rf's Aug. 25 2003 ....._._-~j ~ ~ ~ ..... 0 ~.t&J ~ zS f--- 1- ~ if- f/! - , 0 0 0 c: w S -n ""CleO '- :::;-J ,- 92rn, z .,l -::r'! Zif I ,.. rll :2;' ~ CJ .~ ~( ~"O (~) ~C~ .~,:H ~c: 'cO >c "" .-.jfT1 Z, I :< r:' ]:;>> co ::.0 -< CHARLES W. SHAFFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW WENDY M. SHAFFER, Defendant : NO. 02-2820 : IN DIVORCE CIVIL TERM AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on June 10,2002, and served on June 19,2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 ofthe decree. 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. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 7~ 1/-0 ~ (") r:.:J C) c: \"...0 '.f) ~:- ::=; '1:) G "'1 !J r'- :2: ;"'0 Z (J) -< r:: .TJ .$: ( """'-: .2: C , , " - ~ I . - ." :il f:) -< a...... CHARLES W. SHAFFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW WENDY M. SHAFFER, Defendant : NO. 02-2820 : IN DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST THE ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE 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! 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 THE FOREGOING 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: ')-II~03 k 0 c. 0 C W un ;< c: -0 . n1 L: ,- Z Z [" N U> -<' ~ " )> Z ):: " N ""'- S~ (::'; -< \ CHARLES W. SHAFFER, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLJIND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WENDY M. SHAFFER, Defendant NO. 02-2820 - CIVIL TERM IN CUSTODY WITHDRAWAL OF APPEARANCE Please withdraw my appearance in the above-captioned matter on behalf of the Plaintiff, Charles W. Shaffer, Jr. Respectfully submitted, l.f\JIR -, - , \..1- c "3 Mark F. Bayley, Esquire Rominger & Bayley 155 South Hanover Street Carlisle, PA 17013 ENTRY OF APPEARANCE Please enter my appearance in the above-captioned matter on behalf of Plaintiff, Charles W. Shaffer, Jr. Respectfully submitted, V~G, Mark A. Mate ,Esquire Attorney 1.0. No. 78931 407 North Front Street P.O. Box 11848 Harrisburg, FA 17108 (717) 238-7151 Dated: '7 -I '7 -05 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Withdrawal of Appearance/Entry of Appearance on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Dauphin County, Pennsylvania addressed to: MARK F BAYLEY ESQUIRE ROMINGER & BAYLEY 155 SOUTH HANOVER STREET CARLISLE PA 17013 MARYLOU MATAS ATTORNEY AT LAW GRIFFIE & ASSOCIATES 200 NORTH HANOVER STREET CARLISLE PA 17013 ~Q, Dated: ( ~f()7 Mark A. Mateya 407 North Front PO Box 11848 Harrisburg PA 717 238--7151 Esquire Street 17108-1848 - ,~ 0 C) ) C c.) -1'1 :"'":' ;} r.: ,'. n"l C[ , ~. ~; r'-' !'-..) (j) -c r::: ~-: L-" s> '.0 :[ ::> :1-1 (~ -< ORIG\NAL CHARLES W. SHAFFER, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WENDY M. SHAFFER, Defendant NO. 02-28~!O - CIVIL TERM IN CUSTODY PETITION TO MODIFY CUSTODY ORDER OF AUGUST 19. 2002 NOW COMES, Petitioner, Charles W. Shaffer, Jr., by and through his counsel, Mark A. Mateya, Esquire and avers the following: 1. Petitioner is Charles W. Shaffer, J"r., who resides at 71 North Middleton Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Wendy M. Shaffer, who resides at 30 Be11aire Park Road, Carlisle, Cumberland County, Pennsylvania 17013 . 3. On August 19, 2002, the Honorable J. Wesley Oler, Jr., entered a custody Order. See attached Exhibit 'A'. 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Petitioner, who is the natural father of the child, has become the child's primary care giver; b) Respondent/Mother refuses to shar,e with Petitioner/ Father her phone number or the address in Dillsburg, Pennsylvania, where she frequently takes the child during her custodial time. c) The child spends the vast majorit:y of her time with the Petitioner; d) Petitioner has relocated to 71 North Middleton Road, Carlisle, Cumberland County, Pennsylvania, to be in the Carlisle School District thus invalidating the reason to keep the Respondent listed as the primary custodial parent; e) The child's best interests will be served by keeping her with her father, Petitioner herein, as the child continues to have a very strong relationship with the father as seen through the child's reactions and interactions with both father and. mother, and father will continue to foster a positiv'e relationship with both himself and the child's moth.er. 5. The best interest of the child will be served by the Court modifying said Order as follows: 1) Father and Mother shall share legal custody of the child; 2) Father shall have primary physical custody of the .....-.....>;......~ -- ...-. . 'f~~ . ~ .",.~...." "e,,,", . .,..".~,,,. ' 1SS SOUTH HANOVER STREET CARLISLE. PENNSYLVANIA 17013 . ~/'&~. LAw OFFICES 717,241.6070.800,734.2132. FAX: 717,241.6878 ADVOCACY - ADVICE - ANSWERS laW@romingerlaw.com www.romingerlaw.com CHARLES W. SHAFFER, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WENDY M. SHAFFER, Defendant : NO. 02-2820 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW this /qTf" day of ~ Stipulation and Agreement is hereby made an Order of Court. , 2002, the attached Custody BY THE COURT, /!:/ Q. Lu,f~.I'J (]'Jjpu y. / I ' J. ~ !' ,.:, ~:;:: C~(>:> y F~ ;~" ::~. ;. .." [<,-,~ 1"7:,:~('""~,'~':'_ ~ ,~., . Ol_........\,.oi.. ,J cc: Mark F. Bayley, Esquire Attorney for Plaintiff , \'-::L.:":::"~, i r~e:c un::o set my hat;:;' !:,~,~) c:.; ~,)2ij C01;; 21 Carlisle. Pd. ~"- Marylou Matas, Esquire Attorney for Defendant ,_J .- Prothonotary CHARLES W. SHAFFER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WENDY M. SHAFFER, Defendant : NO. 02-2820 : IN CUSTODY CIVIL TERM (") ~; co f'v n ":':1 ~:;".! .. -'f:] ~~. r'V . _, ' 'i(:-) , ...-, ?! ,---- ::".: ., \ ~~ THIS STIPULATION AND AGREEMENT entered into the day and year h6fe~~aftet~et ~::r. (::~ S forth, by and between WENDY M SHAFFER, (hereinafter referred to as "Mother") and -< CUSTODY STIPULATION & AGREEMENT .......-~-" r,\;:"'.: ~:;;J "'" c:: C> CHARLES W. SHAFFER, JR., (hereinafter referred to as "Father'''). WHEREAS, the parties are the natural parents of one child, namely Amber N. Shaffer, born September 4,1995, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into an comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the child. 1. Mother and Father shall have shared physical custody of the child at the following times: a.) Father shall have physical custody of the child from Sunday at 7:30 p.m. until Friday at 5:30 p.m.; b.) Mother shall have physical custody of the child from Friday at 5:30 p.m. until Sunday at 7:30 p.m. 3. The parties agree to use the same child care provider during their respective periods of physical custody. The CCi. /re.Ji vel--' S h"" If t e 8e f"i:fev /fq, ( r;v"-,,J/lt1~eY: Cs. 7-;u-02..., toll.<S 8'-1-O~ 4. The parties agree to share transportation so that the party receiving custody of the child will provide transportation. 5. The parties agree that the child should be enrolled in the Carlisle Area School District beginning with the 2002-2003 school year. 6. For school purposes, Mother shall be considered the primary custodian/parent. 7. During the Easter holiday, Father shall have custody of the child at 3:00 p.m. on Easter Sunday. 8. The parties will alternate the holidays of Memorial Day, July 4th, and Labor Day. If the holiday falls on a Monday when it is MotheI's holiday, Mother shall retain custody of the child until Monday evening at 7:30 p.m. If the boliday falls on any other day, the parent whose holiday it is shall exercise custody from 9:00 a.m. the day of the holiday until 9:00 a.m. the day after the boliday. For the year 2002 and all even numbered years thereafter, Mother sball have eustody of the child on Memorial Day and Labor Day and Father shall have custody ofthe child on July 4th. In the year 2003 and all odd numbered years, Father shall have custody of the child on Memorial Day and Labor Day and Mother shall have custody of the child on July 4th. 9. During the Thanksgiving day holiday, the parties agree that Mother shall exercise custody from 9:00 a.m. until 3:00 p.m. on Thanksgiving Day and Father shall exercise custody of the child from 3:00 p.m. on Thanksgiving Day until the following morning at 9:00 a.m. Mother shall then obtain custody of the: child on the morning following the holiday and retain custody through the weekend utltil Sunday at 7:30 p.m. 10. During the Christmas holiday, the parties agree that Father shall exercise custody of the child from Christmas Eve at 3:00 p.m. through Christmas Day at 11:00 a.m. Mother shall exercise custody of the child from 11 :00 a.m. on Christmas Day until of December 26th at 3 :00 p.m. 11. The parties will attempt to accommodate an arrangement where the child shall always be with Mother on Mother's Day and with Father on Father's Day. ln the event this requires an exchange of days, the parties will attempt to accommodate each other to see that the child is with respective parent on the designated Mother's Day or i'ather's Day. 12. The parties shall keep each other advised in the ev,ent of serious illness or medical . emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical . ,~,___ '. r' .______._ emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the I~hild. 13. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love: and affection for the other party. 14. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 15. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland COurlty, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child has resided for her entire life in Cumberland County, Pennsylvania. 16. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 17. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. I i ~; 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 hereinafter mentioned. WITNESSETH: " li1, . 12 Il9~e~ ----. WENDY M(HrFER . , 'J"! ,,- /~jCL.i'~q{\"(t,l U(cL::L.'uJ ( '- - '- '--, ) G. '1-0 ~ Date '- ~~/ A 7 - .:<.;- o~ e-:;;~~'-~~---" Date CHARLES W. SHAFFER, JR. ---... k 0 T '0::- ~ " Q -t: ~ ....... -0 w ~ ~ SJ } -- ~ ~ <> () c- f: d}r-; ..:........ t:~i t -<. r-:( ~~-,~ ~l --< -( ~ <;:, " r . ~. '- @ '/) "1 -',J r)) , ' ::1;:: , Tl '.: (~-=s ~");n :::-J 0:> :'i:J -< CHARLES W. SHAFFER, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-2820 CIVIL ACTION LAW WENDY M. SHAFFER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 17,2003 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 14, 2003 at 9:30 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 hearin2. FOR THE COURT, By: Isl Jacqueline M. Verney, Esq. v 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, pleas,. 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 AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~tff ~~l~W'"n~ ~J.~ Arttr of- )~1e.W hcJ9() .~U ~'t9/tl16 I:i"~ 1\_11'" \ C'\li\\ ,I':J,-l Jl1\, n\ j/\-J. 'j -,-,.-- -, !,!,:-:'j:/'~n8 ,.. ~ \ . .., r' . " .''11 '.;: \' dj::;' (i! I ::.,. 'l';' \1 \: J'_ =':0 " .~ CHARLES W. SHAFFER, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WENDY M. SHAFFER, Defendant NO. 02-2820 - CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this c?, 5)i day of ~ 2003, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Petition to Modify Custody Order of August 19, 2002 was filed on September 8, 2003. 2. On September 23, 2003, a certified copy of the petition to Modify Custody Order of August 19, 2003 was sent to the Defendant's counsel by U.S. First Class Mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit ~~ and incorporated herein. Respectfully submitted, ~(j. ~? Mark A. Mate,~ESqUire Attorney I.D. No. 78931 407 North Front Street Harrisburg, PA 17108 (717) 238-71'31 Counsel for :olaintiff U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ,': &2 ~ One piece of ordinary mail addressed to: <?\: .... "(y r(Mll..i Iou f1)1f17'..:5- A-rTy AT t..!r c;,t FFiE ~ AS~OUATE.5 ~oo AI. HA.-oJDIIEJt.. sr: C.A~L.I:st..E:J PA. 1'1013 PS Form 3817, January 2001 oS AFf:EIl.. III <h = -n r.r.:; --:=-,: C=.J ~ G") m **;t,.,. .'. ;,r'lo ~~ C.~, 0 (..,) ~n Y) m'T' r'" Ii 'u ..-,L., Z:1'.' ,,:> tJ.,' i'~;:T ...-"--,: \D -<"c: :~)~ ~c; -0 ~Q ::x 5>'-' ~ <,)r'1 C .=., ~ r" ~ OC~2DD3 CHARLES W. SHAFFER, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2002-2820 CIVIL TERM WENDY M. SHAFFER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 9th day of October, 2003, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~,~ if VINWi1ASNN3d It" tnr"-' r" 'U'~ nr;IM:"")/"\ /\\o'\'! ",).: " " ,,~II~:".IIV LU. 011114 . I lno r" : l.;~ '1 J "l, AcN1C?{-j, - ~ :[: 3':~)1:l:!C>' SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this /S1-l\day of UCJun bu-.... , 2003, by and between WENDY M. SHAFFER, ofCar]isle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," AND CHARLIE W. SHAFFER, JR., of Shermans Da]e, Perry County, Pennsylvania, party of the second part, hereinafter referred to as "Husband," n ", ~::;. () -n WITNESSETH: 7' '".,;l I......) ,. ,J WHEREAS, Husband and Wife were married on May ;18, ]991, in Carlisle; ~llmberland.. County, Pennsylvania; and , ,-j \.~-- WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and pUrpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the --Page 1 of 16-- resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The ti)regoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does h(~reby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- --Page 2 of 16-- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, Covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, COillltry, or juriSdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its Covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall --Page 3 of 16-- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall --Page 3 of 16-- be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard ofliving of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. --Page 4 of 16-- ," 3.3 Personal Prooertv. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property or assets that are in the other party's possession. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. The parties agree that Husband and Wife shall maintain their daughter, Amber Nicole Shaffer, as beneficiary of any life insurance policy that Husband and Wife now own until Amber Nicole Shaffer reaches the age of 18. Husband and Wife agree to exchange a copy of said policies documenting Amber Nicole Shaffer as beneficiary immediately. Further, the parties agree that Wife shall maintain ownership and possession of the life insurance policy currently in effect with Monumental Life naming Amber Nicole Shaffer as the insured. Husband agrees to sign any documents necessary to waive, relinquish, or transfer any rights on the policy naming Amber Nicole Shaffer as the insured, to Wife. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policy. 3.5 SubseQuentlv Acquired Prooertv. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to --Page 5 of 16-- waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Pension, Retirement. Profit-Sharinf!. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in Husband's pension through his present or prior employment. Wife hereby waives, relinquishes and transfers any and all right, title and interest she has in any present retirement account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. Wife owns or has an interest in a SunAmerica Retirement Account. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in Wife's Sunlife Retirement Account. /'V 500 I"~ ~...::>. :lfVAQQI'l'7 'AI Wife owns or has an interest in a Pacific Life Retirement Accou1\ Wife agrees to transfer SIXTEEN THOUSAND FIVE HUNDRED THREE AND 95/100 ($16,503.95) DOLLARS from that account to an account in Husband's name individually. Counsel for Husband shall prepare a Qualified Domestic Relations Order to effectuate the terms of this . Q C.5' 1\\l\4.t, ("10 \})v-r paragraph within Rfte;;\; (+57 days of execution of this Agreement. Wife maintains that she did not own or have an interest in any other pension, retirement, or profit-sharing account during the time of the parties' marriage through the time of their separation. Husband hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. --Page 6 of16-- ., 3.7 Vehicles. The parties acknowledge that Wife has and shaH retain sole and exclusive ownership and possession of a certain 1995 GMC Jimmy vehicle which was originaHy titled in the Husband's name individuaHy. Husband shaH execute the title of the vehicle within fifteen (15) days of being requested to do so by Wife or Wife's legal counsel to Wife's name individuaHy. Husband shaH make no claim whatsoever relative to access to or use of the aforesaid vehicle and shaH make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that Husband has and shaH retain sole and exclusive ownership and possession of the parties' 1990 Chevrolet pick-up, Chevrolet Camero, Kawasaki Ninja, Mapleleaf camper, and another Chevrolet pick-up, which was originaHy titled in the Husband's name individuaHy. Wife shaH make no claim whatsoever relative to access to or use of the aforesaid vehicle and shaH make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. 3.8 Intaneible Personal Prooertv. The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. --Page 7 of 16-- 3.9 Real Estate. The parties are the joint owners of real estate located at 30 Bellaire Park Road, Carlisle, Cumberland County, Pennsylvania. This property is encumbered with a mortgage due and owning to Sovereign Bank requiring the monthly payment of approximately FIVE HUNDRED SIXTY AND XXII 00 ($560.00) DOLLARS. From the date of execution of this Agreement forward, Wife shall be solely and exclusively responsible for making any and all payment and meeting any and all financial commitments due and owning under the aforesaid mortgage to Sovereign Bank. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activities of any nature whatsoever relative to the aforesaid mortgage. From the date of execution of this Agreement forward and upon the parties compliance of all terms of this Agreement, Husband waives and relinquishes any and all right, title and interest in the aforesaid real estate. Husband agrees to sign any documents necessary including a deed conveying all of his right, title and interest in the aforesaid property to Wife within fifteen (15) days of being requested to do so by Wife or Wife's legal counsel. Wife agrees to make payment to Husband or to make payment arrangements with Husband in the amount of FIFTEEN THOUSAND AND 00/100 ($15,000.00) DOLLARS representing his interest in this property within ninety (90) days of execution of this Agreement. ARTICLE IV DEBTS OF THE PARTIES 4.1 The parties acknowledge that they have outstanding debts or liabilities due and owing to a Toys-R-Us VISA account. From the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debt. --Page 8 of 16-- . Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid credit card debt. 4.2 Each party represents to the other that except as is otherwise set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. c. S ARTICLE V !,d ~ ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT, CIIJ1-B 8UrIYJRT AND MAINTENANCE 5.1 The parties have each secured and maintained a substantial and adequate fund from which to provide themselves sufficient resources to provide for their own comfort, maintenance and support in the station of life in which they are accustom. Husband and Wife do hereby waive, release and give up any rights they may have, respectively against the other, for alimony, alimony pendente lite, spousal support or maintenance. 5.2 Husband and Wife specifically waive, release and gIVe up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. --Page 9 of 16-- .. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights an obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the --Page 10 of 16-- United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 BankrulJtcv. The parties agree that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to, all financial obligations assumed under Paragraphs 3.4, 3.6, 3.9 and 4.1 of this Agreement. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. Further, all rights available to the other party provided for in Paragraph 6.14 hereinafter shall be available to the party not filing bankruptcy. 6.4 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or --Page 11 of 16-- liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.5 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.6 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. --Page 12 of 16-- . 6.7 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.9 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.10 Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. --Page 13 of 16-- . 6.12 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.13 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both ofthe parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. ..Page 14 of 16-- IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: ~tiQA 7V~aiJ ~Q~ 17-/,5/0~ ' zJ~ S)QJ. - ate WENDYM. FER '~-- l,-I(do) ?-~..~~..i~ , Dale CHARLIE W. SHAFFER, JR. --Page 15 of 16-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF (A WI. IJe{Lct vel' ( On this S4;) day of 'bCU-,1M \o<f , 2003, before me, the undersigned officer, personally appeared WENDY M. SHAFFER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. <: "j MIAl SEAL _llEHIlAII. HOTARY1'IlBlIC CARUIlE 1lOMl. CUMBERLAND COUNTY MMISSION EXPIR~~.A!IG)~. ?q.QL. C\IvV\U\ p~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this /5tkayoffl~ , 2003, before me, the undersigned officer, personally appeared CHARLIE W. SHAFFER, JR., known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal C1Frances A. Aumiller, Notary Public ;1\1 of Harrisburg, Dauphin County My Commission Expires Mar. 16, 2006 Member, PennSYlvamaAssocJ8tionofNotaries cttJ/JA1-t'N.J a. ~} --Page 16 of 16-- CHARLES W. SHAFFER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LA W WENDY M. SHAFFER, Defendant : NO. 02-2820 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW this 1 tL day of 1".?'7 . 'Z.~'i , 3e&3, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, . tJ/- ({, n/f J cc: Mark Mateya, Esquire Attorney for Plaintiff Marylou Matas, Esquire Attorney for Defendant \il~,!\i:!Y1}SI\JN3d }'.lHn,::Y~,; r' r-~ :"~3;:H'~~n8 8S : I Ild 6- N~r ~002 AeJV1Gi'JOHIOUd :JHl ::lO 3Jl~jO-031l~ CHARLES W. SHAFFER, JR. Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WENDY M. SHAFFER, Defendant : NO. 02-2820 CIVIL TERM : IN CUSTODY CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between WENDY M SHAFFER, (hereinafter referred to as "Mother") and CHARLES W. SHAFFER, JR., (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of one child, namely Amber N. Shaffer, born September 4, 1995, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into an comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall exercise shared legal custody of the child. 2. Mother and Father shall exercise shared physical custody of the child at the following times: a.) Father shall exercise physical custody of the child from Sunday at 5:30 p.m. until Friday at 5:30 p.m.; . . b.) Mother shall exercise physical custody of the child from Friday at 5:30 p.m. until Sunday at 5:30 p.m.; and c.) Mother shall exercise physical custody of the child every Wednesday evening from 5:30 p.m. until 7:30 p.m.; and d.) At other times as the parties may agree. 3. The parties agree to use the same child care provider during their respective periods of physical custody. The caregiver shall be the pat(:rnal grandmother. 4. During the Easter holiday, Father shall exercise custody of the child at 3:00 p.m. on Easter Sunday. 5. The parties shall alternate the holidays of Memorial Day, July 4th, and Labor Day. If the holiday falls on a Monday when it is Mother's holiday, Mother shall retain custody of the child until Monday evening at 7:30 p.m. If the holiday falls on any other day, the parent whose holiday it is shall exercise custody from 9:00 a.m. the day of the holiday until 9:00 a.m. the day after the holiday. For the year 2002 and all even numbered years thereafter, Mother shall have custody of the child on Memorial Day and Labor Day and Father shall have custody of the child on July 4th. In the year 2003 and all odd numbered years, Father shalJl have custody of the child on Memorial Day and Labor Day and Mother shall have custody of the child on July 4th. 6. During the Thanksgiving Day holiday, the parties agree that Mother shall exercise custody from 9:00 a.m. until 3:00 p.m. on Thanksgiving Day and Father shall exercise custody of the child from 3:00 p.m. on Thanksgiving Day until the fOllowing morning at 8:00 a.m. Mother shall then obtain custody of the child on the morning following the holiday and retain custody through the weekend until Sunday at 5:30 p.m. 7. During the Christmas holiday, the parties agree that Father shall exercise custody of the child from Christmas Eve at 5:30 p.m. through Christmas Day at 1:00 p.m. Mother shall exercise custody of the child from 1 :00 p.m. on Christmas Day until of December 26'h at 5:30 p.m. 8. The parties agree to share custody of the child for the New Year's holiday as follows: a.) Period A shall be from New Year's Eve at 3:00 p.m. through New Year's Day at 11:00 a.m. b.) Period B shall be from New Year's Day at 11:00 a.m. through January 2nd' at 8:30 a.m. For the year 2003 and all odd-numbered years, Mother shall exercise custody of the child during period A and Father shall exercise custody of the child during period B. For the year 2004 and all even-numbered years, Father shall exercise custody of the child during period A and Mother shall exercise custody of the child during period B. 9. Mother shall be entitled to exercise one week of vacation time, to be counted as seven consecutive days, with the child each year. " 10. Father shall be entitled to exercise vacation time with the child, in the form of three weekend periods. One of Father's weekend vacation periods with the child may include a full week of custody so that Mother's Wednesday evening period of custody for that week will be relinquished. 11. a.) b.) The parties agree to share custody of the child on the child's birthday as follows: If the child's birthday falls on a weekday, Mother shall exercise custody of the child from 3:00 p.m. until 6:00 p.m.; If the child's birthday falls on a Saturday, Father shall exercise custody of the child from 3:00 p.m. until 6:00 p.m.; If the child's birthday falls on a Sunday, Father's custodial period shall begin at 3:00 p.m. c.) 12. The parties will attempt to accommodate an arrangement where the child shall always be with Mother on Mother's Day and with Father on Father's Day. In the event this requires an exchange of days, the parties will attempt to accommodate each other to see that the child is with respective parent on the designated Mother's Day or Father's Day. 13. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is prote'~ted. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 14. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 15. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 16. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child has resided for her entire life in Cumberland County, Pennsylvania. 17. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 18. The parties acknowledge that they have read and und(~rstand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any 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 hereinafter mentioned. WITNESSETH: '}1I~t w 77I&-tU(} L~~ jZ/5/03 , Date '.-A:J1 A_O L~b@= WENDY M. ~FFER /2.//S h3 , . Date ~~~:;~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF ( lA \M;~(/ltll/l-C\ On this 5-111 day of 1:>e1.0\AA-tKj , 2003, before me, the undersigned officer, personally appeared WENDY M. SHAFFER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. IOTARIAI. sw. IlAAIfAJ.I!HlWl, NOTAIlYPUIlIC CARlISLE BORG., CUMBERlAND COUNTY MY COMMISSION EXPIRES AUG. 25 2007 COMMONWEALTH OF PENNSYL VANIA COUNTY OF On this 15.::tlday of ~ , 2003, before me, the undersigned officer, personally appeared CHARLES W. SHAFFER, JR., known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~AU' .f<L) Il. Notary Public " ~MJ Notarial Seal Frances A. Aumiller, Notary Public City of Harrisburg, Oaup/1in County My Commission Expires Mar. 16, 2006 Member, Pennsylvar;!a .4ssoC1ationotNotanes ,.....__A........, j", ~! \~'~l1 V~~\ . If' ,,141 ',.~.I.\~ZI~A)! ;...~~ .~:" ~'~'. , o ~:,; .,......... t::::.) cC:;;; ~~ c:': 1.;1 c> C., C.:> o -n :;1 ii~l~ -1""\' " :F',I'-,-:J l),O ;~; ~~rl ~::i-~. ':n ,-)' ~:~ ,.....'. c') CHARLES W. SHAFFER, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WENDY M. SHAFFER, Defendant NO. 02-2820 - CIVIL TERM IN CUSTODY AFFIDAVIT OF CONSEN~ 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 10, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 ln t~is affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. DATED: /..2 -/S--q~ ~~~~~ Charles ~. Shaffer, Jr. Plainti.t.f o c s:. i'r, 1: r-> =' C? <.'-' <::' p1 ("") &, o ("~ ..:;:,.. -< C? -,I ~~ ...... H~~f:; -Of)'. -'r)('] (='j-l ~;v~, c-.:> C;:; CHARLES W. SHAFFER, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW WENDY M. SHAFFER, Defendant NO. 02-2820 - CIVIL TERM IN CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) 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 statenents herein are made subject to the penalties of 18 Pa.C.S. 5 4904 relating to unsworn falsification to authorities. DATE a -/0 - D3 """"".-"'- ==-~ ~~-=-.C....~ Charles W. Shaffer, Jr. Plaintiff C2 c_ ~. i~C; ~ "'" '-'"' C? c.'\. c-> co:> <=' (;\ ..... .........,..., rhf'::; -00:) ~,~\..... -~~;. (~,?\- ~-), ' - o o ~:-:} Charles W. Shaffer, Jr. IN THE COURT OF CCMMClN PLEAS OF CUMBERLAND COONTY, PENNSYLVANIA NO. 2820 CIVIL ~ 2002 vs. Wendy M. Shaffer To the Prothonotary: PRAECIPE TO TRANSMIT RECORD for entry of a divorce decree: Transmit the record, together with the following information, to the court 3301 (d)(l) of the Divorce Code. (Strike out inapplicable section) 1. Grounds for divorce: i=etrievable breakdown under Section 3301 (c) 2. Date and manner of service of the complaint: 6/28/02 3. Complete either Paragraph A. or B. 3301 (c) of the Divorce Code: by the plaintiff 12/15/03 A. Date of execution of the affidavit of consent required by Section Section 3301 (d) of the Divorce Code: B. (1) Date of execution of the plaintiff's affidavit required by 7/11/03 by the defendant (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: 5. Indicate date and manner of service of the notice of intention to file 3301 (d)(l)(i) of the Divorce Code praecipe to transmit record, and attach a copy of said notice under Section 1 ,,^Jd~. Attorney for Plai iff/Defendant ~L.-uJlb.uL g ",- "-r",ir, C':,r; . ....> = = ...> c:> rn " w o "0';:",; ~~.~ - ~.C ~?() /'c. / ::-~i -~ .' -,... o --n -' -r_ ff\f;; -om -,,0 <;?,~, :::=--;\ qt~ )"~rr, ,-,' __..<'l ~..,.. S) o '"'~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~~~~~~~~~~~~++++~ . . . . . . . . . . . . . ++ +;1;+ + + ++ ++++++~+++++ ++++++ '+' +++ ++++ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Charles W. Shaffer, Jr. STATE OF PENNA. . . . . No. 02-2820 VERSUS . . . . . Wendy M. Shaffer . . . . . . . . DECREE IN . DIVORCE . . . . . . AND NOW,--.:r~t'J. ~, , Z"'n,-/., IT IS ORDERED AND . . DECREED THAT Charles W. Shaffer. Jr. , PLAINTIFF, . . . AND Wendy M. Shaffer , 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; A J. PROTHONOTARY ... . ++++;+:+ +++ +'+' + '+' + + '+' + Of. + '+. . . . . . . . . . -~ ~ ~tJ -7?>Y ~H.., /7i/' b-I ~ ~ .?~~fY'9hCl' b I r M~~ o 082004 t \~ CHARLES W. SHAFFER, JR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.2002-CV-2820-DC WENDY M. SHAFFER, Defendant : CIVIL ACTION - LAW : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this l2+l, day of 1M ,7) e-L , 2004, it appearing to the court as follows: A. The parties are divorced, a DECREE IN DIVORCE having been entered on January 9, 2004, in the Court of Common Pleas of Cumberland County, B. Charles W. Shaffer, date of birth June 25, 1968, (Social Security No-2l1-60-8506), hereafter referred to as ("plaintiff' or "alternate payee"), has raised claims for, inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa, Cons. Stat. Ann. ~ 3101 et seq.; C. Wendy M. Shaffer, date of birth January 27, 1970, (Social Security No. 195-64-9328), hereafter referred to as ("defendant" or "participant"), owns or has an interest in a Pacific Life Retirement Account, Accmmt number VA 99177500, hereinafter referred to as the "Plan.". The Plan is a SEP IRA account; D. Participant's current and last known mailing address is 30 Bellair Park Road, Carlisle, Pa 17103; and E. Alternate Payee's current and last known mailing address is 71 North Middleton Road, Carlisle, Pa, 17013. >: 0", ~, C) 1,1]_",- (Jc5 r~'.~,:L c.')l;:') j 1...'" nC. tiJ 0_ EE~;J F w_ o o ;>- 7 5 ") ~~j (~ .;,~ 0- N ~ .- ;: ..:r c;.":'.:l = '"" IT IS ORDERED, ADJUDGED AND DECREED as follows: I, A portion of the participant's interest in the plan equaling sixteen thousand, five hundred and three dollars and ninety-five cents ($16,503.95) is marital property subject to distribution by this court, the entire amount payable to alternate payee. 2. Effective on the date the parties were divorced, alternate payee shall be (a) treated as the "surviving spouse" for purposes of Sections 401 (a)(II) and 417 of the Internal Revenue Code of 1986, as amended (the "IRC"), and the comparable sections of the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended; (b) any other spouse of the participant shall not be treated as a spouse for those purposes; and (c) if participant and alternate payee have been married for less than one year, alternate payee shall be treated as meeting the requirements of Section 417(d) of the IRC and the comparable Section of ERISA, thereby entitling alternate payee to any pre-retirement survivor benefit or annuity or post-retirement joint and survivor annuity within the meaning of such IRC and ERISA Sections. The alternate payee's notarized written consent shall be required for any election of benefits by the participant, which is contrary to the terms of this paragraph. 3. The SEP IRA to which this order applies is the Pacific Life SEP IRA, account number V A99177500, or any successor plan thereto which the participant's benefits under the plan are transferred. 4. The parties shall promptly notify the administrator ofthe plan of any change in their addresses from those set forth in this order. Page 3 5. The alternate payee includes herein a certified copy of the divorce decree. 6. Until such time as the alternate payee informs the administrator of the plan otherwise, the alternate payee designates the following attorney as the representative for receipt of copies of notices in regard to the plan: Mark A. Mateya, Esq., Post Office Box 127, Boiling Springs, Pa 17007. 7. It is intended that this order shall be a "qualified domestic relations order" (QDRO) within the meaning of Section 414(p) of the IRC and Section 206(d) of ERISA. The alternate payee shall promptly submit this order to the administrator of the plan for determination of its status as a qualified domestic relations order. This order: (a) Does not require the Plan to provide any ofform of benefit or any option, not otherwise under the Plan; (b) Does not required the Pacific Life Company to provide increased benefits; and, (c) Does not require the payment of benefits to an Alternate Payee, which are required to be paid to another order previously determined to be a QDRO. The court retains jurisdiction to amend, supplement, or supercede this order as might be necessary to establish or maintain its status as such a qualified domestic relations order. This Page 4 order shall not prevent the participant and the alternate payee from being parties to a subsequent order, which constitutes a qualified domestic relations order for the purposes of amending, superseding or supplementing this order. By the Court: J. . 03 'I~ ~O t..{ CHARLES W. SHAFFER, JR. Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW WENDY M. SHAFFER (now YOUNG), Defendant : NO. 02-2820 CIVIL TERM : IN CUSTODY CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between WENDY M YOUNG, (hereinafter referred to as "Mother") and CHARLES W. SHAFFER, JR., (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of one child, namely Amber N. Shaffer, born September 4, 1995, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into an comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall exercise shared legal custody of the child. 2. Mother and Father shall exercise shared physical custody of the child at the following times: a.) Father shall exercise physical custody of the child from Sunday at 5:30 p.m. until Friday at 5:30 p.m.; b.) Mother shall exercise physical custody of the child from Friday at 5:30 p.m. until Sunday at 5:30 p.m.; and c.) Mother shall exercise physical custody of the l:hild every Wednesday evening from 5:30 p.m. until 7:30 p.m.; and d.) At other times as the parties may agree. 3. The parties agree to use the same child care provider during their respective periods of physical custody. The caregiver shall be the paternal grandmother. 4. The parties agree that the child shall be enrolled in the Carlisle Area School District. 5. For school purposes, Mother shall be considered the primary custodian/parent. 6. During the Easter holiday, Father shall exercise custody of the child at 3:00 p.m. on Easter Sunday. 7. The parties shall alternate the holidays of Memorial Day, July 4th, and Labor Day. If the holiday falls on a Monday when it is Mother's holiday, Mother shall retain custody of the child until Monday evening at 7:30 p.m. If the holiday falls on any other day, the parent whose holiday it is shall exercise custody from 9:00 a.m. the day of the holiday until 9:00 a.m. the day after the holiday. For the year 2002 and all even numbered years thereafter, Mother shall have custody of the child on Memorial Day and Labor Day and Father shall have custody of the child on July 4th. In the year 2003 and all odd numbered years, Father shall have custody of the child on Memorial Day and Labor Day and Mother shall have custody of the child on July 4th. 8. During the Thanksgiving Day holiday, the parties elgree that Mother shall exercise custody from 9:00 a.m. until 3:00 p.m. on Thanksgiving Day and Father shall exercise custody of the child from 3:00 p.m. on Thanksgiving Day until the following morning at 8:00 a.m. Mother shall then obtain custody of the child on the morning following the holiday and retain custody through the weekend until Sunday at 5:30 p.m. 9. During the Christmas holiday, the parties agree that Father shall exercise custody of the child from Christmas Eve at 5:30 p.m. through Christmas Day at 1:00 p.m. Mother shall exercise custody of the child from 1 :00 p.m. on Christmas Day until of th December 26 at 5:30 p.m. 10. The parties agree to share custody of the child for thle New Year's holiday as follows: a.) Period A shall be from New Year's Eve at 3:00 p.m. through New Year's Day at 1I:00 a.m. b.) Period B shall be from New Year's Day at 1I:00 a.m. through January 2nd' at 8:30 a.m. For the year 2003 and all odd-numbered years, Mother shall exercise custody of the child during period A and Father shall exercise custody of the child during period B. For the year 2004 and all even-numbered years, Father shall exercise custody of the child during period A and Mother shall exercise custody of the child during period B. 11. 12. 13. a.) 14. Mother shall be entitled to exercise one week of vacallion time, to be counted as seven consecutive days, with the child each year. Father shall be entitled to exercise vacation time with the child, in the form of three weekend periods. One of Father's weekend vacation periods with the child may include a full week of custody so that Mother's Wednesday evening period of custody for that week will be relinquished. b.) The parties agree to share custody of the child on the child's birthday as follows: If the child's birthday falls on a weekday, Motl1er shall exercise custody of the child from 3:00 p.m. until 6:00 p.m.; If the child's birthday falls on a Saturday, Father shall exercise custody of the child from 3:00 p.m. until 6:00 p.m.; If the child's birthday falls on a Sunday, Father's custodial period shall begin at 3:00 p.m. c.) The parties will attempt to accommodate an arrangement where the child shall always be with Mother on Mother's Day and with Father on Father's Day. In the event this requires an exchange of days, the parties will attempt to accommodate each other to see that the child is with respective parent on the designated Mother's Day or Father's Day. 15. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further t11ke any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 16. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 17. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agre1ement. 18. The parties desire that this Stipulation and Agreem~:nt be made an Order of Court of the Court of Common Pleas of Cumberland COlmty, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child has resided for her entire life in Cumberland County, Pennsylvania. 19. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 20. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any 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 hereinaftl:r mentioned. WITNESSETH: ~,~~ l1d~ 6-I-D::- Date :~)~ ~'iDY M UN 0----- _ --.----::2~ ". ~ / 10_~r- ___ _.~ ~_ f..P /1< ~ ~i _---L--...,~-- c::::.--r- .;:, Date CHARLES W. SHAFFER, JR. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CuYY\be..vtQY'\.d Iv A On this day of :.JU,Ne. , 2005, before me, the undersigned officer, personally appeared WENDY M. YOUNG, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set m NOTARIAL SEAL ~ Jeanett::~ L. Pennington, Notary Public I SlJsQ~K'hanr:8 Tovl'n::.rllp, COW'ity of Dauphin ~ My' Corr.r:';.-:::;iOil E>~pii',,;s Sept. 10,2005 t.-.."._..,.._.."._,~_~,~~"..,. Public COMMONWEALTH OF PENNSYL VANIA COUNTY OF 1).11 uPI41N On this blO-lP- day OfY~ , 2005, before me, the undersigned officer, personally appeared CHARLES W. SHAFFER, JR., known to me (or satisfactory proven) to be the person whose name is subscribed to the witrnn Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~MA'hJ a.I2.1/>WJJp/u Notary Public rp..P- - .. -~1lII', 'llllf ..,_ ::;"~7\~~'.' ..~ 41'1"<t,:\d "'4-II-l"." f .",1. ~''''''', '" ,t'~.. "., ,..,."".... '';' ~. ~~ fit ....~"..,........ "....~ (J '" (;:'-- 'fl c;.~ "-', '-" c_ :;:! c:.: r- W ::u _..,~ ~ - CHARLES W. SHAFFER, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW WENDY M. SHAFFER (now YOUNG), : NO. 02-2820 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW this day of , 2005, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, J. cc: Charles W. Shaffer, Jr., pro se Marylou Matas, Esquire Attorneyfor Defendant RECEIVED JUL 142005 J/ CHARLES W. SHAFFER, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW WENDY M. SHAFFER (now YOUNG), : NO. 02-2820 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT ANDNOWthis f<;,ILdaYOf J ~{l , 2005, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, -{6z{ J. cc: Charles W. Shaffer, Jr., pro se Marylou Matas, Esquire ~ ~r-L (.:).~:' Attorney for Defendant -.,.. 'iJ? ~ , ' i~;: "(C, oe':. ''',Col- LI. ~-:!LU 0-i:S tJ... o <:0 N o A~'_ 0:: CT> .,-, ~ VO = = "" " ') c) -