The URL can be used to link to this page

Home My WebLink About96-00910 "\ -=J .L. - ..-C c./) . n . -; ~ ..... ~ " .'it,. I;" -....., ""'. ) / // I' ..1 t ~ J ,! " 6/ z tli to! ~I jI. ~l ,/ tll ~ ~ ~ ~ ~ ~ ~ ~ lil '( ~i :'1 ~I )I; ~: -: :0:' <Co ,:<t. .It ~ ~ ~ ~ ~ ~ . . (. ~ 8 ~ ~ ~ 3 ~ I, .~~~.~.*.~...~_.~.~.~.~.~.~.~.~*.~._~~-*,~.~,~~.~ . - - ---.' _. ,- - ,.. ~ .' ~ ~ ~ IN THE COURT OF COMMON PLEAS ~ * ,* 1* , '~ I: I,~ * ~ I~ I" I~ i~ I, I, :~ ,~ ~ ~ :~ ~ ~ :~ :~ f. .. - - . - - :. ~.*.~.~~.~.~..~,.~.,~.-~.~~..~.*..~..~.~,~.~.,*..~.~_.~..~..~--~.,~.-~.~ ~ ~ ~i .) ~ .1 1 ~: OF CUMBERLAND COUNTY STATE OF ~ PENNA. , , ". '" ~ ~ ~ jJ " ~i jJi ,,/ ;,1 "I ~i ~\ , , . I ~i , ) ;, "!. PETER A. SHIRK, l'\ II, 9~-9l0 .C.lVU. TERM Plaintiff Vc 1',-11 I;; TAMMY A. SHIRK, Defendant DECREE IN DIVORCE AND NOW, ' ,\~, , ' .)::-, . , , '. 19 9,~ ' , " it is ordered and decreed that" , ' , . . ,P,e,ter, ~. ,Sh,~rk. , , , , '" , ' " " , , " ". " " plaintiff, and,..".",..,."., ,Tamm.~ ,A~..Shirk.,..,..",.."........, defendant, ore divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which hove been raised of record in this action for which 0 final order has not yet been entered; , . no claims, p.ending , , ' , . . , , , , , , , . . , , , , , , , , , , , . ' . '.,..,.., .."."">",/."./."""'."'" fly T~.~'J , Alle.t:y'. ...' ') [,i, u A" / ,) ->'7" -.J- J, <'-'1 -f,.... -c,,: .'.:.--~..:. c.....,.,v:.'~ :~/t-">>'''''~.!?I ;':-"PJC' p .J~t"~ /75 . ../ ,/ Prothonotary PETER A. SHIRK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. 96-910 CIVIL TERM TAl-1NY A. SHIRK, : LAW - DIVORCE Defendant PRAECIPB TO TRANSMIT RBCORD '1'0 the prothonotary: Transmit the record, together with the following information. to the court for entry of a divorce decree: 1. Ground for divorce: irretr ievable breakdown under section JJ01(c) ~DJxof the Divorce Code. (strike out inapplicable section. ) 2. Date and manner of service of the complaint: personal service UDon defendant - February 21, 1996 J. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by section JJ01(C) of the Divorce Code: by the plaintiff: by the defendant: 8/22/96 8/16/96 (b) (1) Date of execution of the plaintiff's affidavit required by section JJ01 (d) of the Divorce Code: . . (2) Date of service of the plaintiff's affidavit upon the defendant: 4 . Related claims pending: no e1ains pennin?, 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section JJ01(d) (l)(i) of the Code: Attorney fo~ (Plaintiff) Murrel R. Halters, III l(b:fIl!]QIlI:ant.~ C'! IfJ. ....., c;-; q' 'Ij . '7"W I ~.. ;n r: 1 ,- '.-.1 - .P1~ ,.~ :~ ;f' I::' " ~ j ';'j .-, ," :.:~ :'..:- ji'll -'-~ rJ'l ~q "'., ~- \ ., ... , I . , , ~ <J I ~ n 'II. .', '< , ... "- 1',1' i ,.. j I' , 1..- " ;:) ) ,J '. " , .l l c' '9 '" ,.. C) .It I , . . " c.. .1 , \ '" ~ ... L_ ". I ~i \ " -.) .j '" '" ~~ ~~ ....:l~~ ~Ul~ Z~ ZZ O~~....:l ~H . :> o -H U><U ~ ~S o ~ ~U U ~ l>: 8~1~ ~Pl\O ::t::~0\1 ~ el .~ zSO": HUZ,..l 'H 'H or/ .. ~ '" '" H ~ .. ~ "" ~ Qj 'H Qj Q - - - viVJ ei~~~ f-oO"'~ ,..l:r:!<'" :C:f-o"'~ :$ "'" :.d "' ,; Qi~~t- ~~~3 :l c:4 .., :!; :l ~ :!l ~ ~ ~ !:;; '.Q .., ;: ,)., 5- rj K " < :> .. "' 'n U ;r. ~ :; ~ U h "' $ ,; ;: S f-o Z H < ,..l ~ ):: o u - 1::! H ::t:: Ul . III > . ~ H ::t:: Ul . < ~ ~ l'-< ~ Po. . ..: ~ . , PETER A SHIIU, IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA va. 96 _ '/.,11 CIVIL TERM TAMMY A SHIIUC, LAW - DIVORCE Defendant _OTIC. TO D.'._D ABD CLAIK lIGHT. You have been sued in court. It you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the prothonotary at the Cumberland County Courthouse, First Floor, carlisle, Pennsylvania 17013, Telephone: (717)-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. Court Administrator Cumberland county Courthouse Fourth Floor Carlisle, Pennsylvania 17013 Telephone (717)-240-6200 PETER It SHIRJ(, IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA va. 96 - '//c CIVIL TERM TAMMY A SHIRJ(, LAW - DIVORCE Defendant COIlVLAIJI'JI The plaintiff by his attorney, MURREL R. WALTERS, III, ESQUIRE, brings this action in divorce for a Decree of Divorce from the bonds of matrimony and respectfully represents: COUNT I - DIVORCI 1. The plaintiff is PETER A. SHIRK, an adult individual, who currently resides at 28 W. Factory Street, Mechanicsburg, Cumberland County, Pennsylvania since 2. The defendant is TAMMY A. SHIRK, an adult individual, who currently resides at 2109 Zephyr Street, Apt. C, Ingeside, Texas 78362. 3. plaintiff has been a both bona fide resident of the Commonwealth of Pennsylvania and have been for at least six (6) months immediately previous to the filing of this Complaint. 4. The plain~iff and defendant were married on July 25, 1992 in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or tor annulment between the parties. 6. The plaintiff avers that the marriage is irretrievablY brol~en . , 9 i r I 7. The plaintiff request.s t.he Court t.o enter a Decree of Divorce. 8. plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the court to require the parties to participate in such counseling. Being so advised, plaintitf does not request that the court require the parties to participate in counseling prior to a Divorce Decree being handed down by the court. WHEREFORE, t.he Plaintiff prays that a Decree in Divorce be entered divorcing Plaintiff from the bonds of matrimony heretofore existing between plaintiff and Defendant. I COURT II - CUSTODY 9. paragraphs 1 through 8 of this complaint are inoorporated herein by reference as though set forth in full. 10. The parties ar~ parents of two (2) children, NICHOLE MICHELLE SHIRK, born March 28, 1988, and NATHAN ALAN SHIRR, born November 5, 1989. 11. The relationShip of Plaintiff is that of father. NATHAN currently resides with father. 12. The relationship of Defendant is that of mother. NICHOLE currently resides with mother in Texas. 13. Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children in this or another court. Plaintiff does not know of a person not a party of the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best inter~st and permanent welfar~ of the children will be served by granting the relief requested. 15. The plaintiff requests the Court to grant joint legal custody of both children, with Plaintiff being granted primary physical custody of NATHAN, subject to periods of partial physical custody with Defendant, and primary physical custody of NICHOLE being granted to Defendant, subject to periods of partial physical custody with Plaintiff. WHEREFORE, the plaintiff prays that this Honorable Court to enter an order granting joint legal custody of both children, with Plaintiff being granted primary physical custody of NATHAN, subject to periods of partial physical custody with Defendant, and primary physical custody of NICHOLE being granted to Defendant, subject to periods of partial physical custody with Plaintiff. R"11;t(J"Pt Murrel R. Walters, III, Attorney for Plaintiff 54 E. Main street Mechanicsburg, PA 17055 (717) 697-4650 I.D. No. 24849 \. Esquire PETER A. SHIRl<, Plalntitt , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 96-910 CIVIL TERM TAMMY A. SHIRl<, Defendant LAW - DIVORCE Ul'lDAVIT 01' COll8l11T 1. A complaint in divorce under section 3301(C) of the Divorce Code was filed on February 20, 1996. 2. The marriage of plaintiff and 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 after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: fl,?u-d ?.? . 1990 //1 . S IRl< 2 V) 0 C" '11 '" "" c;J 'TJr' .-- ;j;2 tUt I ~ ~( '" "ig ~f,~ 1'>.' ') ,,\:t ;!'1 ~ , ):r ?:c ":-"0 -"c ;'..' .;jm )>c ~ -J c- ~ -. ..., '"< '^ ."f PETER A. SHIRK, Plaintiff, IN THE COUR:,; Ci-' COMMON PLEAS OF CUMBERLAND ~OUNTY, PENNSYLVANIA vs. . . 96-910 CIVIL TERM TAMMY A. SHIRK, Defendant LAW - DIVORCE Ul'lDAVIT or COIIBIIIT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filert Oil Febl'uary 20, 1996. 2. The marriage of plaintiff and 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 after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.c.s. S 4904 relating to unsworn falsification to authorities. Date: '6'((1-0(" ~~JU n U) 0 C en -n ~. -. ;:-. :::1 ."rr c= q;JF :;'""l ~:n zf.' :'-> '~~~ ~.. N ~Jj 'J ...c' :~ :;',.13.1 ".. 2:.- cr'" Zr: 3f? >,' :.,> -=:: ",I =-:, ::" ~ . -J '< I'" ~I" IIi . 8 '-'3 0 ,,, "I' ~:~ !::. .:;i "Tl~" ,'- Sf ~" :~-) . :,' '" :?',., (r} ,~ N .1- -~ .~ kC .." /5~ ~'r ..'.... , -. ,~ s;( ejm , ~ ~ ->;! l . - ~ .. . ~ c:o I ~, I'., I <' . . . .j I. , '. I'ETER A. SHIRl(, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. NO. 96 - 1/0 CIVIL TERM TAMMY A. SHIRl(, Defendant CUSTODY AcclPTAIIcS or SIRVIcS 1, Tammy A. Shirk, accept service of the Divorce Complaint " filed by Peter A. Shirk. Date: ~ - .9\ - '-\lP c-. ~ -tell' lAds2: Tammy A S r " ...... -, . ("l '0 I:) G 0" II ,- ~ " -T11 ~' .'.1 .;",:n (11 (. '~ ~(~ '" -> &..: N j ... J-,] r-;:i' -n .. -r ~:: -.' .).~ .- -=~I t." ..... :,.) '.J ;r;.S;. ., ~ ,:- :.u :.J I:) '< ,.' II HVJJU!L L WALTI!Jl!I. m L ...uJ: 'l'IIQMA.S A TI'OllN&Y8 AT LAW If *M1' /lWH J1'aU1' MlCtWflC01l1IA P4 I105lI . (717)-- 'AS(7l7)m.- .;i};'~~ -,:-'~C:~l~;~;_~ 'J j<>' :;:,:_~':;.....,7 "~~;,:',:;.(,t,f~ " ~;,y..y ,. ~ - , ~ ::" i',-7; : :-:.o;~:h .. PETER A. SHIRK, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96- ti ( "' CIVIL TERM TAMMY A. SHIRl(, Respondent CUSTODY ORDlla OJ' ~T AND NOW, this -,:\ day of ,~~~ ' 1996, upon conBideration of a written stipulation signed by petitioner, Peter A. Shirk, and hiB attorney, Murrel R. WalterB III, Esquire, and respondent, Tammy A. Shirk, it is hereby ordered and decreed that the within Stipulation is endorsed as a Court Order. By the Court, J . . / . . I / '~/ J. / PETER A. SHIRl(, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. NO. 96 - 1'..) CUSTODY CIVIL TERM TAMMY A. SHIRK, Defendant . . STIPOLATIOII AND NOW, this I tf 0.. day of February, 1996, plaintiff, PETER A. SHIRl(, of 28 W. Factory Street, MechanicBburg, Cumber land County, Pennsylvania, and his attorney, HURREL R. WALTERS, 111, ESQUIRE, and defendant, TAMMY A. SHIRK, of 2109 Zephyr street, Apt. C, Ingeside, Texas, with regard to legal custody and physical custody of their minor children, stipulate and agree as follows: 1. The parties desire to enter into an amicable agreement for legal custody and physical custody of their minor children, namely: NICHOLE MICHELLE SHIRK, born March 28, 1988 NATHAN ALAN SHIRK, born November 5, 1989. 2. NICHOLE currently resides with her mother. 3. NATHAN currently resides with his father. 4. The pa:cties shall have joint legal custody of both children. 5. TAMMY shall have primary physical custody of NICHOLE, subject to periods of partial physical custody with PETER as the parties agree. 6. PETER shall have primary physical custody of NATHAN, subject to periods of partial physical custody with TAMMY aa the parties agree. 7. The parties agree that the children Bhall spend eight (8) weeks together each summer in the custody of one parent on an alternating basis. During summer 1996, NATHAN Bhall Bpend eight weeks with his mother and sister at the residence of mother. 8. It iB the desire and intention of the parties hereto that this stipulation be entered in the Court of Common Pleas of Cumberland County, Pennsylvania, and that it be endorsed as an effect thereof. Murrel R. Walters, III, Esq. Peter A. rk -- J# ~ " (1t1<~.... ' Tammy . Sh: rk (' 1 -"1': ~, C' " ...,: ~ i -'1 -'t .~..J r'-,J Q ... l~; ;'"j q ::".4 :~;;~ ,.-,j rr1 'ot:> ,') ~r) ''') l.iM .:.:~ :'] "'< I ? 1 .~ t ^ r ,-" . , ., 3'~ '. :q:" ~.:. -:" -. - I ~ ':"> W @ " . ,', " <. \;.... ......: a, , c: , ,) , l1J ',d. ., , ;.:~ p,. , <;), r- '~;~ '. " N rei L1.l' ~:: - E> -. ,:;;;..i- , ~ .~) '.':> :.; c-. v' PETER A. SHIRl<, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96 - 910 CIVIL TERM TAMMY A. SHIRK, Defendant CUSTODY 8T1PULATIOII AND NOW, this day of , 1996, plaintiff, PETER A. SHIRK, of 28 W. Factory street, MechanicBburg, Cumberland County, Pennsylvania, and his attorney, MURREL R. WALTERS, III, ESQUIRE, and defendant, TAMMY A. SHIRK, of 28 W. Factory street, MechanicBburg, Cumberland County, Pennsylvania, with regard to legal custody and physical custOdy of their minor children, stipulate and agree as follows: 1. A Stipulation between the parties dated February 19, 1996 was confirmed by Order of Court signed by the Honorable Edgar B. Bayley on February 21, 1996. 2. The parties desire to modify that original agreement for legal custody and physical custody of their minor children: NICHOLE MICHELLE SHIRK, born March 28, 1988, and NATHAN ALAN SHIRl<, born November 5, 1989. 3. The parties, Peter A. Shirk and Tammy A. Shirk, Bhall share joint legal custody of their children, Nichole and Nathan. 4. Tammy shall have primary physical custody of both Nichole and Nathan, subject to periods of partial physical custody with Peter as the parties agree. 5. If the partieB are unable to agree on specific periods of partial custody with Peter, then he shall be entitled to enjoy, at a minimum, the following: a. alternate weekends from 6:00 p.m. on Friday until 6:00 p.m. on sunday; b. alternate holidays which shall include Labor Day, Thanksgiving, Easter, Memorial Day, and July 4th; c. either Christmas Eve or Christmas Day; d. one-half (1'2) of the childrens' school vacation during the Christmas - New Year period; e. one-half (1'2) of the childrens' summer school vacation. 6. Peter shall maintain medical insurance coverage on the children as it is available through his employer. Peter shall also pay the sum of FORTY DOLLARS ($40.00) per week as additional child support for both children. 7. It is the desire and intention of the parties hereto that this Sti9ulation be entered in the court of Common Pleas of cumberland county, pennsylvania, and that it be endorsed as an the full effect thereof. ordofl(:~ti 7r"0 '( Uti"- Peter A. Sh r Murrel R. Walters, III, Esq. <--dc"tjJJio Tammy . Sh " C"1 ,/:) ~ C. '" '.. (13Cl ~ ;;J n 'ii 'n:TI ~ '-,- "~ ~~:. N (n;. N 'J ,'.' ~i ,c ) - -,' .'.1 .J"Q :I', ..-.., .:.. '--~C ~( ':.> ..:jfll ~. ~ ... , " -" ::.! '" :< .... 00:;-.4 } ~: ( j .1 t t I ~ '" ... ""~ ~ ~ I ,