HomeMy WebLinkAbout00-01302
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
NICHOLAS L. SCHAEFFER,
Plaintiff
No. 2000-1302
CIVIL
VERSUS
HEATHER R. SCHAEFFER,
Defendant
DECREE IN
DIVORCE
AND NOW,
Dc.tolncS '1
, 2000, IT IS ORDERED AND
DECREED THAT NICHOLAS L. SCHAEFFER
, PLAINTIFF,
AND HEATHER R. SCHAEFFER
, 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;
The Marriage Settlement Agreement dated March 8, 2000 is
hereby incorporated into this De~ee in Divorce.
By THE erR
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this ~ day of ..maN'h , 2000, by
and between Nicholas L. Schaeffer, (hereinafter referred to as
"Husband") and Heather R. Schaeffer, (hereinafter referred to as
"Wife") .
WITNESSETH:
WHEREAS, the Husband and Wife were lawfully married on May 14,
1997; and
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they intend to live apart from each other; and
WHEREAS, there was one (1) child born of this marriage,
Destinee Renee Schaeffer, born October 24, 1998; and
WHEREAS, Husband and Wife desire to settle and determine their
rights and obligations; and
NOW, THEREFORE, the parties intending to be legally bound
hereby do covenant and agree as follows;
1 . SEPARATION
It shall be lawful for each party at all times hereafter
to live separate and apart from the other party at such place or
places as he or she may from time to time choose or deem fit. The
foregoing provisions shall not be taken as an admission by either
party as to the lawfulness or unlawfulness of the causes leading to
their, living apar-t "".~,-_.,.''''"-...--_..,,,- ,."" ,,,~,.,-_~";._,,"-, - ',,'" ..'-
2 . INTERFERENCE
Each party shall be free from interference, authority,
and contact by the other as fully as if he or she were single and
unmarried except as maybe necessary to carry out the provisions of
the agreement. Neither party shall molest the other nor attempt to
endeavor to molest the other, nor compel the other to cohabit with
the other, or in any way harass or malign the other, nor in any way
interfere with the peaceful existence, separate and apart from the
other, and each party hereto completely understand and agree that
neither shall do nor say anything to the child of the parties at
any time which might in any way influence the child adversely
against the other party.
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3. DIVISION OF PERSONAL PROPERTY
The parties have prepared a list equitably dividing
between them to their mutual satisfaction the personal affects,
household furniture and furnishings and all other articles of
personal property which heretofore have been used by them in
common. Neither party will make any claim to any unlisted items
which are now in the possession nor under the control of the other.
4 . AUTOMOBILES
The Husband is to be the owner of a 1984 Mazda 8-2000
and 1983 Mazda RX-7 and Wife is to be the owner of the 1989 Honda
Civic. Husband shall have all right and title to his vehicles. He
shall maintain insurance on his vehicles and be responsible for any
and all maintenance, liens and other payments related thereto.
Husband shall indemnify and hold Wife harmless for all matters
related to his vehicles. Wife shall have all right and title to
her vehicle and shall maintain insurance on her vehicle and be
responsible for any and all maintenance, liens and other payments
related thereto. Wife shall indemnify and hold Husband harmless
for all matters related to her vehicle. Wife shall make reasonable
attempts to secure a loan or refinance her vehicle so as to remove
Husband from any liability for the current lien on her vehicle.
5. DIVISION OF REAL PROPERTY
The parties own no real estate.
6 . MARITAL DEBTS
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Husband shall be responsible for all marital debts solely
in his name. Wife shall be responsible for all marital debts
solely in her name and her vehicle loan. Each party agrees to
indemnify and hold the other harmless for any debt that they are
responsible for pursuant to this Agreement. Each party agrees not
to attempt to discharge any debt owed to the other pursuant to this
Agreement in any bankruptcy proceeding.
7. PENSION AND RETIREMENT ACCOUNTS
Husband and Wife shall maintain their separate pension
and/or retirement accounts. Husband relinquishes any and all right
and interest he may have in Wife's pension or retirement accounts.
Wife relinquished any and all right and interest she may have in
Husband's pension or retirement accounts.
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8 . CUSTODY
The parties agree that they shall share Legal Custody
with Wife having Primary Physical Custody of the child subject to
Husband's periods of Partial Custody, at least every other weekend
from Friday through Sunday, alternating holidays and vacation
periods (with 2 weeks notice), and as mutually agreed. Each party
agrees to inform the other of the major parenting decisions
affecting the child's health, education and welfare. Neither
parent shall relocate so as to interfere with each parents regular
and meaningful contact with their child. Each party shall have the
right to access the child's medical, educational and other records.
The parties agree that the above custody arrangement may be changed
by the mutual agreement of the parties or, if the parties are
unable to agree, through legal action.
9. SUPPORT/ALIMONY/ALIMONY PENDENTE LITE
The parties hereby waive, release, discharge and give up
any rights either may have against the other to receive spousal
support, alimony pendente lite or alimony. Husband shall not be
required to paid Wife child support provided that he maintains
regular contact with his child, as set forth in paragraph 8.
10.
FILING OF IRS RETURN
tax year
alternate
the child
Husband and Wife agree to file a separate tax return for
2000 and all subsequent years. The parties shall
claiming their child as a dependant with Husband claiming
in odd years and Wife claiming her in even years.c
11.
DIVORCE
The parties agree to cooperate with each other in
obtaining a final divorce of the marriage. It is agreed that the
parties shall execute and allow to be filed the documents necessary
to obtain a no-fault divorce. Each party shall be responsible for
their respective attorney fees and costs.
12. INCORPORATION
This agreement is to be incorporated into any subsequent
Decree in Divorce.
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13 . CONTINUED COOPERATION
The parties agree that they will within fifteen days
after the execution of this agreement, or request of the other
party, execute any and all written instruments assignments,
releases, deeds or notes or other such writings as may be necessary
or desirable for the proper effectuation of this agreement.
14. BREACH
If either party breaches any provision of this agreement,
the other party shall have the right, at his or her election, to
sue for damages for such breach, and the party breaching this
contract shall be responsible for the payment of legal fees and
costs incurred by the other in enforcing their rights under this
agreement or for seeking such other remedies or relief as may be
available to him or her.
15 . VOLUNTARY AGREEMENT
The provisions of this agreement are fully understood by
both parties and each party acknowledges that the agreement is fair
and equitable, that it is being entered into voluntarily, and that
it is not the result of any duress or undue influence.
16. WAIVER OF CLAIMS AGAINST ESTATES
Except as herein otherwise provided, each party may
dispose of his or her property in any way, and each party hereby
waives and relinquishes any and all rights he or she may now have
or hereafter acquire under the present or future laws of any
jurisdiction to share in the property or the estate of the other as
a result of the marital relationship, including without limitation,
dower, curtesy, statutory allowance, widows allowance, right to
take in intestacy, right to take against the will of the other and
the right to act as administrator/executor of the other's estate.
17 . BINDING AFFECT
This agreement shall be binding upon the parties' heirs,
successors and assigns.
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18. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of
this agreement shall be effective only if made in writing and
executed with the same formalities as this agreement. The failure
of either party to insist upon strict performance of any of the
provisions of this agreement shall not be construed as a waiver of
any subsequent default of the same or similar nature.
19. PRIOR AGREEMENTS
It is understood and agreed that any prior agreements
which may have been made or executed or verbally discussed prior to
the date and time of this agreement are null and void.
20. ENTIRE AGREEMENT
This agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or
undertakings other than those expressly set forth herein.
21. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience
only. They shall not have any binding affect whatsoever in
determining the rights or obligations of the parties.
22. APPLICABLE LAW
This agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties set
Witness
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Date
ds and seals
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Schaeffer
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Witness
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Heather R. Schaeff
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Commonwealth of Pennsylvania:
County of c.I.A.""'),"';. \Q.~'
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PERSONALLY APPEARED BEFORE ME, this '6t~day of this M(u&~ ,
2000, a notary public, in and for the Commonwealth of Pennsylvania,
Nicholas L. Schaeffer, known to me (or satisfactorily proven to be)
the person whose name is subscribed to the within agreement and
acknowledged that he executed the same for the purposes herein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
y Public
Commonwealth of Pennsylvania:
County of ~Ll...,:\tr t til ~~
Notanele -,: - ~
John P. Fetrm I, I -
Silver Spllng Twp., CUI oty
My Commission Expires f '~ ~_I, r :)1
Member, Pennsylvania Association of Notaries
ss
PERSONALLY APPEARED BEFORE ME, this f)t" day of this f"\(JoIV..... ,
2000, a notary public, in and for the Commonwealth of Pennsylvania,
Heather R. Schaeffer, known to me (or satisfactorily proven to be)
the person whose name is subscribed to the within agreement and
acknowledged that she executed the same for the purposes herein
contained.
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Public
John P. ~~;~~i;,l: l
Silver Spring Twp., CUI .'0/ I
My Commission Expires!. .!.I ,.J1 I
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NICHOLAS L. SCHAEFFER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000 - 1302 CIVIL TERM
HEATHER R. SCHAEFFER,
DEFENDANT
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information,
to the Court for the 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: On March 8,
2000 by Acceptance of Service by Defendant.
3. Date of execution of the affidavit of consent required by
Section 3301(c) of the Divorce Code: By Plaintiff, September 28,
2000; By Defendant, September 28, 2000.
4 .
Related claims pending:
None
5. Date Plaintiff's Waiver of Notice in ~ 3301(c) divorce
was filed with the Prothonotary on September 28, 2000.
Date Defendant's Waiver of Notice in ~ 3301(c) divorce
was filed with the Prothonotary on September 28, 2000.
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Thomas D. Gould, Esquire
Attorney For Plaintiff
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NICHOLAS L. SCHAEFFER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000 - \2:0d-. CIVIL TERM
HEATHER R. SCHAEFFER,
DEFENDANT
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of
marriage counselors is available in the Court Administrator's
Office, Fourth floor, Cumberland County Courthouse, Hanover and
High Streets, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
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NICHOLAS L. SCHAEFFER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000 - j3t>oV CIVIL TERM
HEATHER R. SCHAEFFER,
DEFENDANT
IN DIVORCE
COMPLAINT UNDER SECTION 3301(0) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
1. The Plaintiff is Nicholas L. Schaeffer who resides at 106
W. Green Street, Mechanicsburg, Cumberland County, Pennsylvania
17055.
2. The Defendant is Heather R/ Schaeffer who resides at 18
Hazel Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. The Plaintiff and Defendant have been bona fide residents
of the Commonwealth of Pennsylvania for at least six months
immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on May 14, 1997
in Dauphin County, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties in this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The Defendant is not a member of the Armed Services of
the United States or any of its Allies.
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8. The Plaintiff has been advised of the availability of
counseling and that Plaintiff may have the right to request that
the Court require the parties to participate in counseling.
9. Plaintiff requests the court to enter a decree of divorce.
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Thomas D. Gould
Attorney for Plaintiff
I.D. # 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
VERIFICATION
I verify that the statements made in this Complaint are true
and correct.
I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn
falsification to authorities.
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NICHOLAS L. SCHAEFFER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000 - 1302 CIVIL TERM
HEATHER R. SCHAEFFER,
DEFENDANT
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330l(c) of the
Divorce Code was filed on March 8, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
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 of the decree. I
acknowledge that pursuant to Rule 1920.42 (e) I have waived the
requirement that I receive 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 subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
DATED:
C{, G-~-od
L. SCHAEFFER
falsification to authorities.
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NICHOLAS L. SCHAEFFER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000 - 1302 CIVIL TERM
HEATHER R. SCHAEFFER,
DEFENDANT
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree 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 statements herein are subject
to the penalties of 18 Fa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED: ~ '7-0on
. Schaeffer
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NICHOLAS L. SCHAEFFER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000 - 1302 CIVIL TERM
HEATHER R. SCHAEFFER,
DEFENDANT
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(0) OF THE DIVORCE CODE
1. I consent to the entry of a final decree 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 statements herein are subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED:
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Heather R. Sohaeffe
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NICHOLAS L. SCHAEFFER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000 - 1302 CIVIL TERM
HEATHER R. SCHAEFFER,
DEFENDANT
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on March 8, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
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 of the decree. I
acknowledge that pursuant to Rule 1920.42 (e) I have waived the
requirement that I receive 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 subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED: q-~
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HEATHER R. SCHAE R
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NICHOLAS L. SCHAEFFER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000 - /30~ CIVIL TERM
HEATHER R. SCHAEFFER,
DEFENDANT
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Heather R. Schaeffer, accept service of the Complaint In
Divorce in the above captioned matter.
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Heather R. S~haeffer
18 Hazel Circle
Mechanicsburg, PA 17055
DEFENDANT
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NICHOLAS L. SCHAEFFER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000 - 1302 CIVIL TERM
HEATHER R. SCHAEFFER,
DEFENDANT
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Thomas D. Gould, attorney for Plaintiff, in the above
captioned action for divorce, hereby certify that a conformed and
certified copy of the Complaint in Divorce was served upon the
Defendant by hand delivery on March 8, 2000 pursuant to Rule 1920.4
of the Amendments to the Pennsylvania Rules of Civil Procedure
relating to the Divorce Code.
As indicated by the signed
Acceptance of Service attached hereto, the Complaint was received
by the Defendant on March 8, 2000.
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Thomas D. Gould
ID # 36508
Attorney At Law
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
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