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Home My WebLink About02-5890FRANCES KELLY EAVENSON, PLAINTIFF VS. JOHN A. STOEFFLER, JR., DEFENDANT : IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR 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. Ajudgment 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. 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, One Courthouse Square, Carlisle, PA 17013-3387. 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 Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 FRANCES KELLY EAVENSON, PLAINTIFF VS. JOHN A. STOEFFLER, JR., DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. O~/ -o~g~?o CIVIL TERM · CIVIL ACTiON LAW : ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301 c OF THE DIVORCE CODE AND NOW, comes the Plaintifl; FRANCES KELLY EAVENSON, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce. 1. Plaintiff is FRANCES KELLY EAVENSON, an adult individual, who currently resides at 30 Drexel Place, New Cumberland, Cumberland County, Pennsylvania, 17070, and has resided in Cumberland County for over two (2) years. 2. Defendant is .JOHN A. STOEFFLER, JR., an adult individual, whose address is 30 Drexel Place, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on February 26, 2001. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. The marriage is irretrievably broken. Plaintiff has been advised of the availability of Counseling and of the right to request that the Court require the parties to participate in Counseling. Plaintiff has chosen not to engage in, or to request any Counseling. Services. 9. 10. thereto· Neither Plaintiff nor Defendant was a member of the United States Military There Were no children born of this marriage. COUNT I - RE UEST FOR NO-FAULT DIVORCE UNDER SECTION 3301 c OF THE DIVORCE CODE Paragraphs 1 through 9 of this Complaint are incorporated herein by reference 11. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff ~ntends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff:; FRANCES KELLY EAVENSON, respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II - RE UEST FOR E UI a OF TIlE DIVORCE CODE thereto. 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, FRANCES KELLY EAVENSON, res ectfu . o Court to enter an orde- -~ .... P lly requests th,. · '-'~ eqmta~te distribution of marital property pursuant t ' of the D~vorce Code o Sectmn 3502(a) Dated: December.~_~, 2002 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. PA I.D. # 64998%J~5~ 5021 East Trindle Road, Suite I00 Mechanicsburg PA 17050 (7]7) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: FRANCES KELLY EAVENSON, PLAINTIFF VS. JOHN A. STOEFFLER, JR., DEFENDANT : IN THE CO, URT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-5890 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF SERVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND : Be it known, that on the c~t4~ day of ~23c,'xx-xk¥O'x ,2002, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Frances Kelly Eavenson, Plaintiff in the above-captioned matter. 3. On December 16, 2002, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 2510 0003 4439 9352, and addressed to the Defendant, John A. Stoeffier, Jr., at 30 Drexel Place, New Cumberland PA 17070. 4. The return receipt card signed by the Defendant, John Stoeffier, showing a date of service of December 17, 2002, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements .of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. Counsel for ~ SWORN TO AND SUBSCRIBED before me, a Notary Public, this c~L['kX'Xday of ,2002. Notary Public ~ My Commission Expires: Notarial Seal Kimbedy R, Hanford, Notary Public ~.~n_~rg Bor_o, Cumberland County My uomm~ssion Expires Apr. 4, 2005 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: R£$TRICT£D DELIVERY D Agent [] Addressee Pr,~nted Name) I C. Date of Delivery ~ I /Z "! D, Is delivery addmse different from item 17 [] Yes If YES, enter delivery address below: [] No ~. se~ce T~e ~L.Certlfied Mail · .D Express Mail [] Registered 1'9 Return Receipt for Merchandise [] In~s~red Mail [] C.O.D. 4. Restrict~l Delivery? (Extra Fee) ~Yes 2. Article Number (Transfer from service label) 2510 00~03 4439 9352 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-154, Exhibit "A"