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Home My WebLink About03-0649JOHN DAVID SHOENFELT, PLAINTIFF VS. CAROL ANN SHOENFELT, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA ClVm 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. 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. 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 JOHN DAVID SHOENFELT, PLAINTIFF VS. CAROL ANN SHOENFELT, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : rqox~3 - &q:~ CIVIL TEgM : CIVIL ACTION - LAW : ACTION FOR DIVORCE COMPLAIN..T..T FOR NO-FAULT DIVORCE UNDER SECTION 3301__L(S. LQF THE DIVORCE COD.~E AND NOW, comes the Plaintiff, JOHN DAVID SHOENFELT, by and through his 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 JOHN DAVID SHOENFELT, an adult individual, who currently resides at 401 West Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055, and has resided in Cumberland County for over five (5) years. 2. Defendant is CAROL ANN SHOENFELT, an adult individual, who currently resides at P.O. Box 1273, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 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 October 25, 1995. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff was a member of the United States Military Services, but not during the parties' marriage. Defendant was never a member of the United States Military Services. 9. Plaintiff and Defendant had no children from their marriage. COUNT I - REQUEST FOR NO-FAULT DIVORCE. UNDER SECTION 3301(c) OF THE DIVORCE CODE. 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends 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, JOHN DAVID SItOENFELT, 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 UITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 a OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 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, JOHN DAVID SHOENFELT, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Dated: February ],0--, 2003 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. '"--'~usan Kay Candle)lo; l~Srluire Counsel for Plaiqiff J PA I.D. # 64998~-''/ 5021 East Trindle Road, Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his 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. JOHN DAVID SHOENFEIE JOHN DAVID SHOENFELT, PLAINTIFF VS. CAROL ANN SHOENFELT, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 03-649 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF SERVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Be it known, that on the ~4~ day of SS: ,2003, 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 John David Shoenfelt, Plaintiff in the above-captioned matter. 3. On February 18, 2003, 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. 700~ 2510 0003 4439 9253, and addressed to the Defendant, Carol Ann Shoenfelt, at P.O. Box 1273, Mechanicsburg PA ~7055. 4. The return receipt card signed by the Defendant, Carol A. Shoenfelt, showing a date of service of March 1, 2003, 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. SUSAN KAY~IELLO, Counsel for ~ SWORN TO AND SUBSCRIBED before me, a Notary Public, this ...(.0''l'h' day of ~ ,2003. Notary Public (~ v My Commission Expires: (~) ..~K'-'-"--- Notarial Seal imbedy R. Hanford Nora Publi [ ~'Y uommission E~pires Apr.'~ em 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. ,a~ticle Addressed to: RESTRICTED DELIVERY ,s deli~.~t fr~n item 17 If yES, ~t~r ~ei~verY address below: [] No [] R~ist~ ~ R~urn R~eipt for Memha~i~ ~ Insu~ Mail ~ C.O.D. 4. ~ ~? ~ ~) ~y~ ~ 2. Article Number (Transfer from service/abe/) ~1 1, August 2001 700~ 25~0 0003 4439 9253 Domestic Return Receipt 102595-02-M-1035 Exhibit "A"