The URL can be used to link to this page

Home My WebLink About94-01546 ( ~l j I ! I .. .:.:.' ':Co' .:c- .... <co -.:.:- .:c-.:c.r:-..,.~... .:.:. .:<<. .:.:. .:<<. .:.:. .:.:. .:.> .:+:. .:.:..:-'>:<<-:.._::-:.,......:co~;.:c-:<c.. .:c.':-=:<e<~ " ....-. ,,~.......... ~ . ?- ~ ~ t ~.' IN THE COURT OF COMMON PLEAS ~ ~ ',' w ., OF CUMBERLAND STATE OF '*' PENNA. COUNTY i ~.' ~ <:> w '.' ,', ~ ,', ~ ..RAN~Y. SHClVEJ{'d Plaintiff 'I I ~ N (), ,~,4,::1.S,~~..,~~vi.~d,'!:~,~,~.. 1<) 94 i ',' VCI'SIIS i '.' d STEf~~NIE: .SIlClYER,. d' Defendant , $ i '.' " ," i ... ,', ~ DECREE IN IVORCE~ If:}(fr~ ",...1.4", 19,~~.,., it is ordered and ;t! '.' ~~ ~ ,; ,', ~ AND NOW. ......,.... , decreed that""".",...., ,Rf\,NP.Y, ,S.H,OY.E,R.."",.".",...,..", plaintiff. and, , , , . . . " . , , , . , , , . , , . , , , ,~'!'~~~~~~~, ~~9'!~~" , . , " . , . , , , , ", defendant, are divorced from the bonds of matrimony, ~ i ~.' ~ ~ ',' ,:, ~ 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; ~ ~ ", $ CUSTODY ~ " w ~, ...0.............0.....0.. .....0.....0..0. .....0 .0..0..0...0 ....... 10 ..... I ~ " ~ &! ~' ..~;. .~;. .:.. ,', i~ !,:. o. /0.- r~ ('"0' 0, i~ ~~ I ."".. .:.:. - .:.:: ~.:.' ::.:~ '::~:~:.;-::+:."'-.:.:: ",:.:. - .:.:. .:.:. .::.:. .:.:. '.:;:.~~:.:. ~.:.:.- .:.:.-~ .:.::" .-::+:. . .:+:. -:.:.. .:+:. .:~~ At . f7 ~_~L :.x~~..ue c.'. "': ,--- -~.~ "'t7 4,' ~""L K.~_ iT / ~ Prothonotary J, ~ W q S ~.; ~ ~ 'o~ 8 t '7 ,'. ~ w ~. ~ ,0. ~ ,o~ ~ ~ !, ~ '" ~ .'. ~ ~ "', ~ ~ ~o" w ~." ~ ~.~ ~ ~." ~ ',' ~ '.' ,', ~ 8 ~ '.' ~ ',' ~ ',' ~ . ~........ 111I 71~ ;n~ z: 0/ //'/6".9~ .. ~ , J, l' .. . IN TilE COllRT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA RANDY SHOVER. PlalntllT No: 94-1546 CIVIL TERM v, CIVIL ACTION - LAW STEFANNIE SHOYER. Defendant DIVORCE/CUSTODY ORDER AND DECREE AND NOW, TO WIT, this day of October, 1994 pursuant to the ~re~~ Selllement Agreement of the parties, the Court, by virtue of the authority vested in it by law, decrees that the Plaintiff. Randy Shover, and the Defendant, Stefannie Shover, be and hereby are divorced from the bonds of matrimony, and except insofar as is provided in that certain Property Selllement Agreement dated September 20, 1994, and incorporated and merged herein by reference as ifset forth more fillly, all of the duties, rights and claims accruing to either of the said parties at any time heretofore, in pursuance of said marriage, shall henceforth cease and terminate, and the parties shall severally be at liberty to marry again as if they had never been married before, Pursuant to Section 3105 of the Pennsylvania Divorce Code, 23 Pa,C,S,A, 3105, and upon stipulation of the parties, a certain Property Selllement Agreement dated September 20, 1994, which has been made a part hereof, is incorporated and merged herein by reference as if set forth more fully, BY TIlE COURT: Prothonotary . .' '" . '. . . PROPERTY SF.1TLEMENT AGREEMENT THIS AGREEMENT, made this ~Iay of Sy;~~, 1994. by and between Stefannie Shover, residing at 161 E, High Street, Carlisle, Pennsylvania. hereinafter referred to as "Wife," and Randy Shover, residing at, 161 E, High Street, Carlisle, Pennsylvania, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties hereto were duly married to each other on February 14, 1992. and that there were two (2) children born of the marriage, Amanda Lynn and Hailey Ann Shover, whose ages are three; and WHEREAS, certain unhappy and irreconcilable differences have arisen between the parties, as a result, a Divorce Action was filed in the Court of Common Pleas of Cumberland Count, Pennsylvania, to Docket No. 94-1546 Civil Term; and WHEREAS, it is the intention of the parties to enter into an Agreement under which their respective financial and property rights, and all other respective rights. remedies, privileges and obligations to each other arising out of the marriage relation, or otherwise, including those rights over which the Court retained jurisdiction, shall be fully prescribed and bounded thereby; and WHEREAS, the parties hereto have been fully, separately, and independently apprised and advised of their legal rights, remedies, privileges, and obligations arising out of the marriage relationship, or otherwise, by counsel of their own choice and selection, the Wife being represented by Unknown, Esquire and the Husband being represented by Patricia L. Datsko, Esquire; and WHEREAS, both parties have made independent inquiry and investigation with respect to their respective legal rights, remedies, privileges and obligations. arising out of their marriage, 0(<-' """'~'~"T',_",_~ .......~... " , , I' . or otherwise, and each has been fully informed of the other's assets, property, holdings, income and prospects; and WHEREAS, the parties hereto each warrant and represent to the other that they each fully understand all the terms, covenants, conditions, provisions, and obligations incumbent upon each of them by virtue of this Agreement to be performed or contemplated by each of them hereunder, and each believe the same to be fair, just, reasonable and to the respective individual best interest of each, and not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either; NOW THEREFORE, the recitals set forth hereinabove, being incorporated by reference herein, and deemed an essential part hereof, and further consideration of the promises contained within this Agreement, the parties hereto intending to be legally bound, mutually agree as follows: I. PERSONAL RIGHTS: Wife and Husband may and shall, at all times hereafter. live separate and apart, Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fidly as if she or he were unmarried, Each may reside at such place or places as she or he may select. Each may for her of his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to her or him may seem advisable, This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes which led to, or resulted in the continuation of their living apart, Wife and Husband shall not molest, harass, disturb, or malign each other or their respective families, and not compel or aUemptto compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him, 2. FULL DISCLOSURE: The parties hereby acknowledge and agree that each of them has made to the other a true, full, complete disclosure of all property and interests which either or both of them have in all marital and separate property as defined by the Pennsylvania Divorce Code and they do hereby waive an inventory of said property, The parties further acknowledge and agree that they have each had an opportunity to " , ' r . . value or have appraised any and all marital property, and they do hereby waive a formal appraisal of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. Both the legal and practical encct of Ihis Agreemenl in each and every respect and the financial status of the parties have been fully explained to both parties by their respective counsel, and they both acknowledge that this Agreemenl is reasonable and Ihat it is nOlthe result of any fraud, duress, or undue inl1uence exercised by either party upon the other or by nny other person or persons upon either, J, MUTUAL RELEASE: Wife and lIusband each do hereby mutually remise, release, quit claim and forever discharge the other and the estate of each other, for all time to come. and for all purposes whatsoever,of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of each other, of whatsoever nature and wheresoever situate, which she or he now has or at any time hereafter may have against each other, Ihe estate of each other or any part thereof. whether arising out of any former acts, contracts, engagements or liabilities of each other or by way of dower or curtesy. or c1ai~~ in the nature of dower or curtesy of 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 rights to treat a lifetime conveyance by the other as testamentary, or all other rights ofa 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 United States, or (c) any other country, or the right which both parties may have or at any time hereafter have for past, present or future support or maintenance, alimony. alimony pendente lite, 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 orany part thereof. It is the intention of Wife and Husband to give to each other by the execution of the Agreement a full and complete and general release with respect to nny and all property of any kind or nature, ~ . real, personal or milled, which the other now owns or may hereafter acquire, ellcept and only ellcept all rights and agreements and ohligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any part thereof. subject. however. to the implementation and satisfaction of the conditions precedent as set forth herein, 4, DEBTS: Both parties represent and warrant to the other party that they have not incurred any debts to which the other, or the estate of the other may be held liable since the date of separation or the date ofliling of the Divorce Complaint ellcept as provided herein. and that ellcept only for the rights arising out of this Agreement. neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable, Husband and Wife agree that should any debt or liability be incurred by one party, that party acknowledges that such debt is the sole responsibility of the person who incurred that debt and any and all claims made against the other on account of such debt may be deducted from the share for which the person incurring the debt is entitled as the result of their Agreement. The parties acknowledge and warrant that no marital debt exists, ellcept the following, which the designated spouse agrees to solely assume, timely pay and agrees to hold harmless and indemnify the other spouse for the debt: II,DtZ WIFE - lJ.G,I- 90,00; PP&L - 30,00; Telephone - 'jT.88, Rent - 58,00, ,/,<<1 HUSBAND - U.G,I, - 90,00; PP&L - 30,00; Telephone nOR; Rent - 58,00, 5. PERSONAL PROPEltn': Ilusband ami Wife each will continue to own and enjoy, free of any claim or righl of the llther all of his or her personal eftccts, such as clothing, jewelry, and the like, wherever located. tSEE ATTACHED EXHIBIT AI The parties have mutually agreed on the division of their household goods, furnishings and furniture. Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Wife agrees that nil property in the possession of Husband, shall be the sole and separate property of Husband. The parties hereby relinquish any and all right or claim to such articles chosen by the other, Henceforth, each ofthell1 shallllwn, have and enjoy independently of any claim or right of , " .' the other, all types of personal property of every kind, now and hereafter owned, or held by him or her, with full power to dispose of same as fully and eOectively in all respects and for all purposes a ifhe or she were unmarried, 6. ~EAL ESTATE: None, 7, fiNANCIAL ACCOUNTS/AUTOMOBILES: Husband and Wife have already divided all, if any, bank checking and saving accounts, life insurance policies, financial instruments and accounts. certificates of deposit, cash, stocks, bonds, and accounts to the parties' satisfactions, Each party will retain sole ownership on all financial instruments and accounts and automobiles currently in their possessions. Each party will pay and assume any loans on their car, 8, TAXES: The parties agree and acknowledge that prior to the last full calendar year, the parties jointly filed Returns for Federal and State income tax purposes, The parties agree that they will file separate future Tax Returns for all tax obligations, and any tax obligation shall be the responsibility or the individual party, Husband and Wire warrant that they have heretofore paid all taxed on such prior Returns including the calendar year ending December 31, 1993; that they do not owe any interest or penalties thereon; and that no tax deficiency proceeding or audit is pending or notice thereof received, Husband shall give Wife notice of any deficiency assessment, and Wife shall give Husband notice of any deficiency assessment of which they individually or collectively become aware, The parties agree that should it ultimately be determined that any deficiency and/or penalty exists with respect to the jointly filed returns, the party responsible for the erroneous preparation and/or improper or nondisclosure ofinformotion which has resulted in the deficiency and/or penalty, shall be solely responsible for the payment of the amountultil11ately determined to be due, together with interest, as well as expenses that may be incurred to contest the assessment. Should said sums become due as a result of individually liIed returns, the party which filed said return shall be solely responsible for all sums due, and shall indemnify and hold harmless the other party for any payment thereon, ( 9. PENSIONS. RETIREMENT. AND PROFIT SHARING PLANS: The parties shall retain as their sole property any interest and Ihe spouse waives any interest in all of each others Pensions, Retirement, and Prolil Sharing l'lans, or the like, which the parties now own or may own in the future, Both parties will promptly sign all required papers to release any interest they may have acquired. 10. WAIVER OF RIGHTS: The parties waive all other past, present and future rights provided in the 1980 Divorce Code, as amended, or any future laws and amendments including their right to alimony, spouse support, equitable distribution, alimony pendente lite, costs and expenses, and attorneys' fees, except as otherwise provided herein. II. EOUlTABLE D1STRIBUTIQN - GE~ERAL CONSIDERATIONS: The parties have attempted to distribute their marital property in a manner which confonns to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following consideration: the length of the marriage; the age, health, station, amount and sources of income; contribution of each party; the opportunity of each party for future acquisitions 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 property, including the contribution of each spouse as a homemaker, the value of the property set apart to each party; the standard of living of the parties established during their marriage; and the economic circumstances of each party at the time the division of property is to become effective. 12. SUCCESSORS' RIGHTS AND LIABILITIES: This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benelit of the parties hereto, their respective heirs, executors, administrators, successors or assigns, 13. ENTIRE AGREEMENT: Wife and Husband do hereby covenant and warrant that this Agreemenl contains all of the representations, promises, and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises, or representations nol herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the '. ,. parties hereto; and the waiver of any term, condition, clause or provision of the Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. 14. ~DDITIONAL INSTRUMENTS: The Husband and Wife shall, at any and all times, upon request by the other party of his or her legal representatives, make, execute, and deliver any and all such other and Iillure instmments including but not limited to deeds, notes, releases, car titles, tax forms, insurance forms, or such other writings as may be necessary or desirable for the purpose of giving full force and elTectto the provisions of this Agreement and as their respective counsel shall mutually agree should be executed in order to fulfill promptly the tenns of this Agreement. 15. GOVERNING LAW: All matters alTecting the interpretation on this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania, 16. INDEMNIFICATION UPON BREACH: Iffor any reason either the Husband or the Wife fails to perfonn his or her obligations hereunder to the other spouse, and the other spouse incurs any expenses thereby (including but not limited to legal fees) in enforcing his or her rights, the spouse who fails to perfonn the obligations agrees to reimburse and indemnify the other spouse and hold him or her harmless for any and all such expenses, Each party hereby agrees to pay all attorney's fees and costs of litigation that the other spouse may sustain or incur in any way whatsoever as a consequence of any default or breach by the other spouse of any of the terms or provisions of this Agreements; provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part. before such liability may be imposed. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 17, INDEPENDENT COVENANTS: Each of the respective rights and r " obligations of the parties hereunder shall be deemed independent and may be enforced independently irrespective of any of the other rights, and obligations set forth herein, In case any provision of this Agreement should be held to be contrary, or invalid under. the law of any country, state or other jurisdiction that is applicable to this Agreement, such illegality or invalidity shall not affect in any way other provisions hereto, all of which shall continue, nevertheless, in full force and effect under the law of the country, state or other jurisdiction that is applicable to this Agreement. 18, NO MERGER IN DIVORCE DECREE: In the event that either of the parties shall recover a final judgement or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of the Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgement or decree of absolute divorce and shall be entirely independent thereor. 19, SUBSEOUENT DIVORCE; There is pending between the parties an action for divorce instituted in the Court of Common Pleas of Cumberland County, Pennsylvania to No, 94-1546 Civil Term. Husband and Wife agree that their marriage is irretrievably broken and that the same shall be dissolved pursuant to Section 3301(c) of the Divorce Code of Pennsylvania (Mutual Consent) (No Fault), The parties therefore agree as follows, TO WIT: A. Not later the seven (7) days following the 90 days from the date the Complaint was filed or the signing of this Agreement, which ever is latter, both the Husband and Wife shall file with said court an affidavit consenting to the entry of a decree in divorce, B. Unless either party shall have requested counseling prior to the filing of said Affidavit of Consent, the right to request such counseling shall be deemed waived, C, The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction over the parties and causes ofaction resolved herein, IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals the day and year first above-written, and they hereby acknowledge and agree that the , . . . . '. r provisions orlhis Al:!reemenl shall be execuled in triplicate oril:!inals, WITNESS: (SEAL) -fit tlI.fjtM(SEALJ Ran over . , . EX/1I8IT "A" As per agreement of the parties. the following items will be designed the sole property of each party: Items designed to the Plaintiff. Randy Shover, are as follows: the video cassette recorder, couch chair, table and four chairs, 55 gallon aquarium, 35 gallon aquarium with boa constrictor. and two lamps, Items designated to the Defendant. Stefannie Shover. are as follows: the television set. microwave and stand, freezer, washer and dryer, air conditioner. phones, ":r en .. ,...~ ~... ...'" ~,~~~'~! _Z;;_,t ,-,.o-.t 1~%O. (,::f'II:..X~~' .....f. ;,ftl' ,JU1 t.; (. ,~'::; .; ::.~ ~,'~ I':; .._:t:n- ...~ 0""' ~ NI ~ ~: "" ... CO =z:. \ . . : . ,. ...... ,. . .I.D'''' L" ...IS..e....... niL' ,.atO rN~"JAMJJ:lWJfWIX)JNO (XIA'WM'lIl'I'OJ11J,Vll-'''' . " J U L 14 19!U clJt-.. RANDY SHOVER, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs ) ) CUSTODY/VISITATION STEFANNIE SHOVER, ) Defendant ) NO. 94-1546 CIVIL ORDER OF COURT AND NOW, this 13th day of July 1994, having not heard from the parties for some time, the undersigned conciliator assumes the matter has been resolved and hereby relinquishes jurisdiction of the case. If either of the parties wishes further proceedings in this action, they should petition the Court anew. FOR THE COURT, ~~~~ S l. Andes Custody conciliator * R,^~\,/ ~ ~D,,(.r Plaintiff V S \-e\~M\e S\-o"t[ Defendant : IN ~HB COUR~ OF COMMON PLEAS OF :CUHBERLAND COUN~Y, PBNNSYLVANIA . . * :CIVIL AC~ION - LAW . . :No.''I-IS'I'- CIVIL '1'"#14'( 19"1( :CUSTODYIVISI~ATION ORDER OF COUR~ M""'-(~ ~(\ I~e '\ AND NOW, this (date)' 1, upon consideration of the attached complaint, it is hereby directed that the parAiep and their respective counsel appear before S,,,"'.... I L. rd..s (slj, , the conciliator, at c:;-:::) ~- ~J~'t h. :)1. Lt-rv<oDlf'1r- on the @&-i.h..day of " 19tqL{ , at J p ,/h M., for a Prehearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be acc~nplished, to define and narrow the issues to be heard 'by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THB COURT: By: ese;, '.1:'1 Cus ody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYBR OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HBLP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 . ,]-, \\t.\\ 1.~ ~ 7.). ~~ ,~~ '. '.' ..OlfICl L" , ' Olll}i~'" Ol'~~ ,.,,'j~~ CO\)lIl'! C\)~;(:;~i \.'~ ~1I\~ . ".." , 1 ~, ~ . . IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Randy Shover, Plaintiff NO: 94-1546 Civil Term CIVIL ACTION - LAW v. Stefannle Shover, Defendant DIVORCE & CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 29, 1994, 2, The marriage of the PlaintifTand Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce, 4, 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, I verilY that the statements made in this affidavit are tme and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S,A. Section 4904 relating to unsworn falsification to authorities, Date: 10/3/94 Pier}' f'//tr, zII.u4 i!h - - ~,.. <>- ....:r: wt,;"J>'::).... =,ZO% ....00... \AoXO;;"- ot-z..J :..?-C,... i;;:~:~~ :! lIJt..,z ... ~l.llW ,~Xu.. ...::> 0<'> 2E ... In ('f) ... ~ " I . . , . IN TilE COllRT OF COMMON PLEAS CUMBERLAND COllNTY, PENNSYLVANIA Randy ShoYfr, Plaintiff NO: 94-1546 Civil Term CIVIL ACTION - LAW v. Stefannle ShoYfr, Defendant DIVORCE & CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 29,1994, 2, The marriage ofthe PlaintilTand Defendant is irrelrievably broken and ninety days have elapselfrom the date ofming the Complaint. 3, I'consentto the entry ofa final decree of divorce, 4, 1 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, I verilY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S,A, Section 4904 relating to unsworn falsification to authorities, Dale: 10/3/94 ~ 6; - ~~ ..", wt:;:J:! U'zc.';r. ~oU-c. I"'XO~ C:>~~)- :..."'.-::: -'~ ....,~u..- ::'..J,uffi .......:;:;!c.. ,-- ...'" 0'" IE "" 111 CY) > ~ . ;~i'~~}~~:;;'..::':::i:XiJ~'r1~~'~ . , .,;' 'jiii.'...j.i",~.~:f.,\", - , . .. , .' " . , ~ IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RANDY SHOVER, Plaintiff NO: 94.1546 CIVIL TERM CIVIL ACTION - LAW v. STEFANNIS SHOVER, Defendant DIVORCE & CUSTODY AFFIDAVIT OF SERVICE I, Patricia L, Datsko, Esquire, hereby certilY that a true and correct copy of the C'v".,., IJ / ';;:"J. was served upon the Defendant on '1/7 /q..!, , . , 1994 by hand delivery by Constable Steve R. Calaman (See Attached), Date: tJoI-:;>J 177'/' r- ~~ :z::..... '. ~ Patricia L, Datsko, Esq, 1!.:" , .' ..... , " ....., .,., VI ","" E'" it .~ ;: ~ .' . , .' ::C:' a- N ::r ~ s~ ul~5'" 2zoz ","oU..a. ......:0> o.-x--' ,0.)>00 ;...,~~&Il ., t:......% ~wwz a..:.c:c::tw o-X'" ...= 0" C""') :i . "...:.., . .... ... , -- , ( - " ... ".. . ~~ "'rJ J. q '*' - ~ 'P~NSYLVANIA STATE CONSTABLE STEVE R. CALAMAN 308 James Road Carlisle, PA 17013 Phone: (717) 243,4659 District Justice /fiIo'C,/t L D/Il'.Ji" , Docket No. (-~ . "~:>LdlC....e Civil :'(;~~I '/etl.. cuP (],,,,,,p!A,~f. Vlolallon PlaIntiff I Alllant Defendant .".Je.h.v/e. c"Jl/Jl~ I~ I E, Mjl, 67, Ar'- / U",../':~ I" . //1 I 7(1/,f , Date Received ,y.. 7 . 9 ~ Date Served ~- 7- 9'/ Time Served /~1 .. t!J) /In Amount of Fine and Cost $ Other Charges $ Total Court Costs $ CONSTABLE SERVICE FEES Service Fee Warrant....,....,.............,......,..,...,....... 15.00 Custody,.......,....,............,..,....,....."... 5,00 Transport ........................................... 5,00 Hearing".........,......,.,........................, 5,00 Discharge ..,."..::~....,.....,............ ..,.., 5.00 =- . Commited..,."...........".....;....,............ 5.00 CiJ . Executing Release ..............;............. 5.00 Warrant Return:::!.......,....;,................ 2.50 ~:l- Other ., Service Fee Serving Civil,..................,................ 10,00 Each Addillonal,.........,...................... 5.00 Evicllon................,...............,..,......., 70,00 Return of Service ..........................,.., 2.50 Levy..,...........",....,.............,........,.... 35,00 Posllng ea. 5.00 Sale ..,......,.......,.......,...,.......,..,....,..' 35,00 Return of Service ,....,....,....,....,..,.... 10,00 Clerk & Workers Other $~" c.('... "t Constable Service Fees ........ ( ) ....,.., ( ) ........ ( ) ........ ( ) ........ ( ) ....,.., ( ) ,......' ( ) ,....,.. ( ) ......., ( ) ..,..... ( ) .....,.. ( ) ......., ( ) ......., ( ) ........ ( ) ........ ( ) ,....... ( ) ........ ( ) e,...,,)"'.'...,1 , $ 26,lW miles $ ,..;1 ~, CJ () ~e.: .. ~u .... .;. .;:>.. ~tl~~ Steve R. Calaman, State Constable Mileage per mile TOTAL CONSTABLE FEES Amount Collected $ $ RECEIPT OF DELIVERY Received by: Date Time '4',: "" .. "t" "'. .', ", " ~ -= 0- N .. !:::! Se "'_-c "'0-- C,,):aOX -Oc,)., ....%c:a~ u.....Z)ooo C:>>C"tI) ~{c;.Jz UJp..ffiz -'WtSlW L: a:2:Q. 1-:> ~U ~ ; :1- of .. + ~ '.- ... ," ,....', "'. ..,.;. ',,,: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA CIVIL ACTION - LAW NO, 94-1546 CIVIL TERM IN DIVORCE/CUSTODY vs, STEFANNIE SHOVER, Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for the above-named defendant, Stefannie Shover, Respectfully submitted, (717) 243-7922 "' Dated: April 12, 1994 cc: Patricia L, DalSko, Esquire Attorney for Plaintiff , ~ ....., - >-,. ~f- ...: 2!_, W(.,g;:; U:Z<<.:?~ i::~O:"l .!:-~ \.~ :.l: >. :~ \. -, "'" If'! ",::-;Z 'M, ~>::.z ',' hlaJ --'e... ,;, :to ~::> '''~ co - :E: a- Il" II" N ... ..... -- ., ) \, . IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSVLV ANIA No, qL{-15t.f~ Cl'V," TulYl RANDY SHOVER. PlalntllT NO. CIVIL 1994 v. Civil Action. Law STEFANNIE SHOVER. Defendant DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, Vou are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. V ou may lose money or property or other rights important to you, When the grounds for the divorce are indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary orthe Vork County Court House, 28 East Market Street. York, Pennsylvania 17401. IF YOU DO NOT FILE A CLAIM FOR ALIMONV, EQUITABLE DISTRIBUTION, LAWVER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, VOU MA V LOSE THE RIGHT TO CLAIM ANY OF THESE RIGHTS, VOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF VOU DO NOT HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO , OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE VOU CAN OBTAIN LEGAL HELP, COURT ADMINISTRATOR Cumberland County Court House Carlisle, PAl 70 13 (717) 240-6100 IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA RANDY SIIOVER. PlalntllT . . NO. CIVIL 1994 v. Civil Action - Law STEFANNIE SHOVER. Defendant DIVORCE/CUSTODY ~OMPLAINT IN DIVORCE ~ECTIONS 330l(c). Id) OF TlJE DIVORCE CODE AND NOW comes the Plaintiff. Randy Shover, by and through is attorney, Patricia L. Datsko. Esquire, and files the Divorce Complaint, and avers the following: 1. The PlaintilTis Randy Shover, an adult individual, currently residing at 161 E, High Street, Apartment 1, Carlisle, Cumberland County, Pennsylvania, 17013. PlaintilThas been a resident of the Commonwealth for at least six months preceding the filing of this Complaint. 2. The Defendant is Stefannie Shover, an adult individual, currently residing at 25 Warwick Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055, Defendant has been a resident ofthis Commonwealth for at least six months preceding the filing of this Complaint. 3, Parties were married on February 14, 1992, in the Cumberland County Court House, 4, There have been no prior actions in Divorce or Annulment between the parties. 5. The PlaintilThas been advised that counseling is available and that PlaintilTmay have the right to request that the Court require the parties to participate in counseling, COUNT ONE DIVORCE SECTIONS 3301lcl. fdl 6, Paragraphs one ( n through five (5) are incorporated herein as if set forth specifically below, 7. The PlaintilTand Defendant separated on March 28, 1994, 8. The marriage is irretrievably broken, In the event that two years passes before this action is completed the PlaintilT alleges that the parties have been living separate and apart for at least two years, WHEREFORE, the PlaintilTrespectfully requests this Honorable Court grant the requested relief and enter a Decree in Divorce from the bonds of matrimony, COUNT TWO ADULTERY 9, Paragraphs one (I) through five (5) are incorporated herein by reference as ifset forth specifically below, 10, PlaintilTavers that the Defendant, in violation of her marriage vows under the laws of the Commonwealth of Pennsylvania, has indulged in an extramarital affair during such times as the parties were legally married. II. The Plaintiff avers that, during the times when the Defendant was committing adultery, he was an innocent and injured spouse, WHEREFORE, the PlaintilT respectfully requests this Honorable Court grant the PlaintilT a Divorce Decree upon the basis of Adultery, COUNT TIIREE CUSTODY 12. Paragraphs one (I) through five (5) are incorporated herein by reference as if set forth specilically below, 13. The Plaintiff seeks majority physical custody of the following child(ren) who were born out of wedlock: Amanda Lynn and Hailey Ann Shover, twins, d,o,b. March I, 1991 14. The minor child(ren) are in the custody of the Plaintiff. 15. The parties are currently married and pursuing a Divorce, 16. The Father of the child(ren) is Randy Shover, currently residing at the above referenced address, Paragraph One ( ]) , 17. The Mother of the child(ren) is Stefannie Shover, currently residing at the above referenced address, Paragraph Two (2). ]8, During the past live (5) years, the child(ren) have resided at the following address with the following persons: 3/1/91 .2/92 25 Warwick Circle Mechanicsburg, PA 17055 Tim & Joyce Sperry Paternal Grandparents 3/93 . Present 161 E, High St., Apt I Carlisle, I)A 17013 19, Parties 2/92 .3/93 125 N, West Street Carlisle, I)A 17013 Parties The relationship of the Plaintiff to the minor child(ren) is that of Father, Plaintiff resides with the following persons: until March 27, 1994 with Defendant. Currently resides alone, 20, The relationship of the Defendant to the minor child(ren) is that of Mother . Defendant currently resides with the following persons: Tim & Joyce Sperry 21. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody ofthe child(ren) in this or another Court, 22. Plaintiff has no information ofa custody proceeding concerning the child(ren) pending in a Court of this Commonwealth, The Plaintiff does not know ofa person not a party to the proceedings who has physical custody of the child(ren) or claims to have custody or visitation rights with respect to the child(ren), 23, The best interests and welfare ofthe minor child(ren) will be served by granting the relief requested because a, Plaintiff can provide the child(ren) with a home with adequate moral, emotional, and physical surroundings as required to meet the child(ren)'s needs; b, Plaintiff is willing to accept custody of the child(ren); c, Plaintiff continues to exercise parental duties and enjoys the love and affection of the child(ren), , . 24, Each parent whose parental rights to the child(ren) have not been terminated and the person who has physical custody of the child(ren) have been named as parties to this action, WHEREFORE, The Plaintiff respectfully requests this Honorable Court grant the Plaintiff rights of majority physical custody, Respectfully Submitted, Date: ~rf~ ~~=Z~ Patricia L, Oatsko, Esq. - I.O, #66377 139 E, Market Street York, PA 17401 (717)854-2686 ?h.....,.( .tit ~~ Date ~ ~ .A-~ Affia , . VERIFICATION Well verifY that the statements made in this are true and correct. We understand that false statements herein are made subject to penalties of 18 Pa.C,S.A, 4904, relating to unsworn falsification to authorities, Date Affiant ~9ir D te I ti~~~ . ttorney for Plaintiff ---- . , , . IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RANDY SHOVER, Plaintiff NO. CIVIL 1994 v. Civil Action - Law STEFANNIE SHOVER, Defendant DIVORCE/CUSTODY CERTIFI~A TE OF SERVICE I, Patricia L. Datsko, Esquire, Plaintiff herein, do hereby certii}' that I am this day serving a copy of the foregoing Complaint upon the Defendant in the following manner: BY RESTRICTED RETURN RECEIPT MAIL: Stefannie Shover 25 Warwick Circle Mechanicsburg, PA 17055 or 161 E, High SI. Carlisle, PA 17013 Date: J~9/?'1 / ' ~/-- L ~- Patricia L. Datsko, Esq, fl ~. ;;!; () 0 ~~ \t) () . 4t;: a UJ~:.:i~1 v-) '-'zOr # G: OV~( tlJ CI 1~~Cl~ I'- (".-~,.. , == ~:> .f:n - ::.;~ fr~~ ~- en '~n'lUJ C'-..l . ;: :2:u... n: ::> G .. ~u :c .. . . . _'"U..OiO.......,. c.,...... nu. "lUG rN OtOIIMO'J.WaJ:lljIf'WlX))HO OOA'WMlS 'lYDl1 JaYII',... b.::. ~ r-- tP 1 ~ 1l- ; . ~ ~ () <0 <) IV) C) \.r) c.:J \..., lr) 0.,. - l:I' -- - \.... W ll: t; o ~ It! o .J ~ (; ~ ~ S ~ ~zi" < lq 13 z ~ .. >- o !:! W . . . , . . . IN niE CCXJRT OF CCMolClN PLEAS OF C1.Jo.lBERLAND CCXJm'Y. PENNSYLVANIA NO. 94-1546 1994 CIVIL RANDY SHOVER, vs. STEFANNIE SHOVER PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record. together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (C) lOOOQX~~l(lll9 of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: ...,.. ~ Personal Service_~~4/7/94 v- t.< 3. Complete either Paragraph A. or B. . ~ A. Date of execution of the affidavit of consent required by j;ection . 3301 (c) of the Divorce Code: by the plaintiff 10/3/94 by the defendant 10/3/94 . B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claUns pending: No economic claims have been raised. Custody is going to a conciliation hearing October 25, 1994, The parties have an agreement, P2rti98 &i~A8~ a Preper~y &ettlemeRt a~reemeRt. 5, Indicate date and manner of service of the notice of intention to file praecipe to transmit record. and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code ~:,:Lcl~ Attorney for Plaintiff(~ef~n~aRt Patricia L, Datsko . . ;J; - :II: a- N #' "" - ::c:: ~Z... u.I.....g;i 0'%<.>.... L;:o ;> t...~~~ OOcl:", ~,:.'" ...J: ;-jn...~:z: -~ UJ cD"'" ':.::cXo.. " ::> "'u o ~ ~ = f:...-~'~.,"'" h'-'~' Randy Shover, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v, CIVIL ACTION - LAW Stefannie Shover, Defendant No: 94-1546 Civil Term 1994 Custody/Divorce ORDER OF COURT AND NOW, this Jj~ daYOf~,~ I- , 1994, upon consideration of the attached Motion to Reinstate, it is here;': direc that the parties and their respective counsel apJlear before . (' Aovo ~ ( ~ t!'.$ , the con~liator, at S 2. S ~, J 2. ~ 51-, L,_,,~ ~ , on the .2 7~ day of ~A '8M lv..r ,1994 at ,;).DU A,M , for a Prehearing Custody Conference, At such conference, an effort will be made to reso ve 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, Either party may bring the child who is the subject of this cllstody action to the conference, but the child/children's attendance is not mandatory, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, FOR THE COURT: BY:,~ ..4,rtA /7f~ / YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717)240-6200 ; ~ f ~~: ~ -, , W":~~~:,i..:~,,-- ~........1t ."~I ~ '() Auc ~ 3..2 PH '9~ ;, :.' uHleE IJF ~HE ! ;:JrHONc.TAr.y r.UHGERlAIlO corliTY PEHNStl~AHIA Stefannie Shover. Defendant No: 94-1546 Civil Term 1994 Custody/Divorce , Randy Shover. PlaintilT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v, CIVIL ACTION - LAW MOTION TO REINSTA1:E CUSTODY CON(:ILIATOR AND NOW. COMES the PlaintilT, Randy Shover, by and through his allorney. Patricia L, Datsko. Esquire. and liIes this Motion to Reinstate Custody Conciliator and avers the following: I. On or about March 29. 1994 the PlaintilTliled a Complaint in Divorce and Custody at which time Samuel Andes was appointed the conciliator in the maller, 2. A Prehearing Custody Conference was scheduled for April 28. 1994 at 1:00 P,M, 3. The parties cancelled the above conference and were allempting a reconciliation with Defendant returning to the marital home, 4, The reconciliation and negotiation allempts have failed, WHEREFORE, the PlaintilTrespectfillly requests this Honorable Court reinstate Samuel t ,..-~- Andes as the Conciliator in the above referenced case and set a new date and time for the Prehearing Custody Conference, Respectfully Submitted, ~~ (\ ~ -t--c~ Patricia L. Oatsko, Esq, 1.0. # 66377 139 E. Market Street York, PA 17401 (717)854-2686 c57'~~ VERI FICA TION I veritY that the statements made in this Motion to Reinstate Custody Conciliator are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C,S.A, Section 4904, relating to unsworn falsification to authorities. ~~j1k /k . Rand over 17 ~. 9'9' . Randy Shover. PlaintilT IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v, CIVIL ACTION - LAW Stefannie Shover, Defendant No: 94-1546 Civil Term 1994 Custody/Divorce CERTIFICATE OF SERVICE I, Patricia L, Datsko, Esquire, PlaintilTherein, do hereby certify that I am this day serving a copy of the foregoing Motion to Reinstate Custody Conciliator upon the Defendant in the following manner: BY RESTRICTED RETURN RECEIPT MAIL: Stefannie Shover 25 Wanvick Circle Mechanicsburg, P A 17055 or 161 E, High St, Carlisle, P A 17013 Date: tfh/w /~~-4Q~ Patricia L. Datsko. Esq, " - ~~t.:~:r~ ..C.U......rlU.. MNo'M ILl' "O;:::;.~ J:)WlfWIX) 1NO 'Ill.lOrN~]Hl"ll'l't OOA1ddl"lS ow"'" ~JIl" , \ 1)~