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HomeMy WebLinkAbout94-02925 .., v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2925 CIVIL TERM CIVIL ACTION - LAW KIMBERLY SUE FOLTZ, Plaintiff JEFFREY LYNN FOLTZ, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: By personal service on June 4, 1994. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By the Plaintiff: April 10, 1995; By the Defendant: April 11, 1995, 4. Related claims pending: None, 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)(1)(i) of the Divorce Code: N/A. Respectfully submitted, SODY-S-~VERNEY // ' ~~~i:/ J~"~OdU~; 1.D. No. 63114 7 Irvine Row Carlisle, PA 17013 717/243-9190 /~ .~(f. __.... Esquire ,.. .. ~ KIMBERLY SUE FOLTZ, Plaintltt IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Q4--2'125" ~ T~vV IN DIVORCE v. JEFFREY LYNN FOLTZ, Defendant N.QItCE_tQJ>.EF_E.NJ)--^NILC:LAIM_IUJl.IlT~ You have been sued in court. If you wish to defend against the claims set fortb in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce ar annulment may be entered against you for any other claim or relief requested in these papsrs by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, PA 17013, telephone: 240--6195. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717/240--6200 , .. KIMBERLY SUE FOLTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE v. JEFFREY LYNN FOLTZ, Defendant GQJ.IJ~LAINI 1. Plaintiff is Kimbel'ly Sue Follz. an adull individual, who currently resides at SOl West North Street, Carlisle, CUlllbm'land County, Pennsylvania. 2. Defendant is Jeffrey Lynn Foltz. an adull individual. who currently resides at 403 West Main Street, Walnut Bottom, Pennsylvania. 3. The parties have been bona fide residents in the Commonwealth fOl' at least six months immediately previous to Ihe filing of this Complaint. 4. The Plaintiff and Defendant wem malTied on August 24. 1992 in Carlisle. Cumberland County. Pennsylvania. 5. There have been no PI'im' actions of divorce or for annulment between the parties. 6. The marriage is i1Tell'ievably broken. 7. Plaintiff has been advised that counseling is available and that the Plaintiff may have the I'ight to I'equest that the COUl't require the parties to participate in counseling. 8. Plaintiff requests the court to entel' a decree of divorce. Respectfully submitted. SODl!?-,~ VERNEY // /./1 ~ -.J L // By i _,:' ( ,,' r , -' ~. J. t (; ._,. Daniel J. Sodus, Esquire LD. No. 63114 37 South lIanover Sll'eet Carlisle, PA 17013 717/243-9190 Attorney for Plaintiff '-. ~~ ("..~ - ,J j~ ....:P ~ -') "- \J'l 'N 1 .~ <Z "'l ,-....} ~ s ''':'\ ';l- ~ ..,... ..) Cl rn ~~ * -(: 0 - ~ - - ~~ - ..-\0 , ~i P-. ~'1t. " F " '. (~-= ... ~\) I..n' 0 I~ '"::.l '-U ........ ~ ~ -- ....... ~ ~ '" !!l N ... ' ;;~ ,..N ~-~ ;..;t ,;;:: :.l <:~ 1 :; z -t ~ ;Joo'e gJ ~ JjJ] ><Il.il..s alJ ~ PSi CIl Z ijdO:: ~ 0: =.:;: Q ~ .c;SiN Or- 11..~ CIl <: ~~E ~'~t j!! -, SODUS & VERNEY "nVTle,,\.AI.Lll'o\ Ii....... uth 11,\11<1\ ~r Stn:el . Suite 204 c'lIll\le. Penn')h:1IHOJ !70D, , \ 71 i 1='" \.l.) I IJIJ Fa":\lffillr 11171 ..4Y._ 006 - . , , ~ KIMBERLY SUE FOLTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2925 CIVIL TERM IN DIVORCE v. JEFFREY LYNN FOLTZ, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in divorce under S 3301(c) of the Divorce Code was filed on June 1. 1994. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of 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 I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. ~#~ Date l.n en ::T~ '*~'" ..., ~'..I , -.... , SODUS & VERNEY AnomeYSolll.law . P.O. 80. 9J6 Carlisle. Ptnns)'Jv:tnia 17013 (717. ~4J-9190 FacSImile (717) 24J-994K SODUS I; VBRNBY ~..-l.aw . . .... .... P.O. Boa 936 CarIlIIo, .......71Y1llla 17013 (717) 2<13-91110 FIcobalJo (717) 243-9941 r---v._,. ;.---" KIMBERLY SUE FOLTZ, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2925 CIVIL TERM IN DIVORCE JEFFREY LYNN FOLTZ. Defendant AFFIDAVIT OF CONSENT 1. A Complaint in divorce under S 3301(c) of the Divorce Code was filed on June 1, 1994. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of 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 I do not claim I. them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made sUbject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. I~J 10 J075~ Da e ' <y:" Ij~ ALl {;t'/! Kimberly us Foltz, Pl~intiff -':--~7:7:-~T~~-:~fL7~rI~r~:~K~.r~rI5{~:i4~~~~~i~~~r~:f-'r~I;.'~", . . KIMBERLY SUE FOLTZ, Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 94-2925 CIVIL TERM IN DIVORCE JEFFREY LYNN FOLTZ, Defendant ORDER OF COURT AND NOW. this -z. 'i . '1'-" 1994. it is hereby day of requested that the within Custody Agreement. stipulated and agreed to by the parties, be made and Order of Court by this 1I0norable Court: 1. Mother and Father had born to them the following child on the following date: Brandea Michelle Foltz. born June 26. 1992. 2. Mother and Father entered into an Agreement as to the custody of the above-said child and to the visitation rights of the non-custodian parent on June 6. 1994. 3. Mother shall ha ve sole legal custody. 4. Mother shall have primary physical custody. 5. Father shall have reasonable visitation with the child as Mother and Father shall arrange from time to time. Any such visitation shall be for a period of time not to exceed fourteen (14) days; except that by mutual agreement of Mother and Father. visitation for child may be extended for an additional period of time not to exceed fourteen (14) days. 6. Father may travel with child during visitation pr'ovided that Father. in advance of travel. provides Mother with a list uf addr'esses and telephone numbers for all alternate locations. 7. If Father cancels a scheduled visitation he shall reimburse to Mother any financial losses incurred as a result of the altcl'l'd arrangements. payment to be made within ten (10) days of receipt of evidence of such losses. . . .. " .. CUSTODY AGREEMENT AGREEMENT made this (, day of ) I ( 'I ( ,1994. bet ween KIYBERL Y d to as Mother. and JEFFREY LYNN FOLTZ. SUE FOLTZ. hereinafter referred hereinafter referred to as Father. Mother and Father shall herelnaftor he referred to collectively as Parent(s). WHEREAS. Mother and Father had born to them the following child on tho following date: Brandea Michelle Foltz. born June 26, 1992. WHEREAS, Mother and Father desire to enter Into an agreomont as to lho custody of the above-said child and to the visitation rights of tho non-custodlan parent: NOW TIIEREFORE. In order to effectuate this purpose. the Molhor and Father hereby agree that: 1. Mother shall have sole legal custody. 2. Mother shall have primary physical custody. 3. Father shall have reasonable visitation with the child aB Molher and Father shall arrange from time to time. Any such visitation shall be for a porlod of time not to exceed fourteen (14) days; except that by mutual agreement of Mother and Father, visitation for child may be extended for an additional period of time not to exceed fourteen (14) days, 4. Father may travel with child during visitation provided that Fnthor in advance of travel, provides Mother with a list of addrosHtlH and tolophono numbers for all alternate locations. 5. If Father cancels a scheduled visitation he shall rolmburflO to Mothor any financial losses incurred as a result of the altorod IIrrllnKomonls. payment to be made within ten (10) days of receipt of evidence of such 10HHos. 6. Mother shall not hinder Father from exorcislnK I'HIIHnnahh' tnlophnlll! :~ .~ .> - '" " " ... <.J <;S ~ ,:) ~ ".l " ~, '" " ;:; ::e:+:.! _ > N"'~ ".. ~ \.Ie"" ~<;;1~ Z -1'-,..:: 0:: ~ :. ~ :: - . = '" ~ ;- E ~ .~ > v:l ?-..:J- .."Jl >- :;; '" _ ~ :.:: - .- ~ Z < 1j:" ~ ~ w ~ ;J 0::: = . ~ Q B -=~+:.! o ~ ~ =-,... ~ <:or. ~;:: ...-- ,.. - ~ - = ::- i - e- ;:; ... SOUl'S.,\; \'ER:\EY \l1..fIll'\' '\!1 II' l ~ .... 'lJ~h I!.... '\ ,'r ~:I~..' . '. I .I:!I':,- 1"'!i'j":',II:l' . ; ~ i " ':.j . 'i] q" 1.\ .,':..., ::'1 ':." I", 0 l.~~ J /J .;~ AH '95 \'1 , '; .. '- KIMBERLY SUE FOLTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. No. 94-2925 JEFFREY LYNN FOLTZ, Defendant IN DIVORCE/CUSTODY CUSTODY AGREEMENT AGREEMENT, made this ,3/'?t day of fflOlj , 1995, between KIMBERLY SUE FOLTZ, hereinafter referred to as Mother, and JEFFREY LYNN FOLTZ, hereinafter referred to as Father. Mother and Father shall hereinafter be referred to collectively as Parent(s). WHEREAS. Mother and Father had born to them the following child on the following date: Kendra Rae Foltz, born April 5, 1995. WHEREAS. Mother and Father desire to enter into an agreement as to the custody of the above-said child and to the visitation rights of the non-custodian parent: 1. Mother shall have sole legal custody. 2. Mother shall have primary physical custody, 3. Father shall have reasonable visitation with the child as Mother and Father shall arrange from time to time. Any such visitation shall not exceed a period of one (1) hour on any given day as agreed to by the parties, and shall be exercised only in the residence of Mother until such time as the child reaches the age of three (3) years. , " .' I -" i i Ii II Ii II I' [I Ii I I .1 II II , I I ! i I ! , - .... STATE OF Pennsylvania SS. COUNTY OF Cumberland AND NOW, this '31 day of mo."'j ,1995, before me, the undersigned officer, personally appeared KIMBERLY SUE FOLTZ, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. f1bllCl /I lilLLltUJ Notary Public --- - -----..---- ~u-:r,\:'Y ,t";'.,. ;}::2:,i:'..cl .'.';',r.;:;~:~J. ';:'!.1I'{ ?llOilC '':'I'lrr~\I:c,l-il:il1, ClJITlt!erllTli' County, PA f.~i (>:.I~~rn:<':',I\,1l i:~pl!e~ Nov. 8.1997 STATE OF Pennsylvania COUNTY OF Franklin f!..umbo 1:,0 SS. AND NOW, this 31 day of mo.,,!, 1995, before me, the undersigned officer, personally appeared JEFFREY LYNN FOLTZ, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. I !I ~hl\o._1t. L[Ja ,1 ~LC/J Notary Public -' _.._~ ' ,. ,. . .'~'_' t'^ - '. ':1'. -.-. --..---..-.' .~ ,~ ~ ;': ~:, "), c- r.',' ~ "', ~ tTl ~ (Y) _ -- ,,~ C.:J H, =:> -,;;; ~ "'tv} ~~ t') '- i ~~ \' ~ ~, ..........-, ~ '";;;;- ,1 ~ J F ~ ..