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HomeMy WebLinkAbout03-1690 " v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2003- /(l10 CIVIL TERM KELLI JO BOWERMASTER, Plaintiff DAVID L. BOWERMASTER, Defendant : CIVIL ACTION - LA W : 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, 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 MA Y 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 A venue Carlisle, Pennsylvania 17013 (717) 249-3166 " KELLI JO BOWERMASTER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003- ; <c::, q.o CIVIL TERM DAVID L BOWERMASTER, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Kelli Jo Bowermaster, through her attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. Plaintiff is Kelli Jo Bowermaster, an adult individual currently residing at 160 SME, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is David L Bowermaster, an adult individual currently residing at 488 Furnace Hollow Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Defendant and the Plaintiff 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 the Defendant were married on September 28, 1991 In Shippensburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. ., 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Kelli 10 Bowermaster, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. ~ 3301(c) or 3301(d) of the Divorce Code. Respectfully submitted, ------- // MAR 2 7 2003 , , ,I Date: l l Th as S. iehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717)240-0893 - FAX 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. ~ ~ "" ~ ~ "\..! v\ ~ ~ , ~ ~ '-- ~ ~::.: , V\ 6 ~ ~ }\ :s ~, V\ ~. s:::J ~. ~ ............... 03 o ," ,'j C" ~ -i .'.::J ( :. KELLI JO BOWERMASTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-1690 CIVIL TERM DAVID L. BOWERMASTER, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 23rd day of April 2003, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Kelli Jo Bowermaster, and states that he had cause to be mailed a certified copy of a Complaint in Divorce to the Defendant, David L. Bowermaster, by certified, restricted delivery, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on April 18, 2003. Respectfully submitted, Cil~ Attorney for the Plaintiff One West High' Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX ~-- u.s. Postal Service CERTIFIED MAIL RECEIPT (DomestIc Mall Only; No Insurance Coverage Prottided) t:I I"- ~ ,~~~I_~~_~r~A...~&~~-!!J1~i~;.:__----,..__._--,-- g .~~~~:'_y;f~~;~~t!.~._Lff~~,.~,.'__,_,--_", ~ City, State. +~,#~/~ ?II /7.;1 s-7 ea =t" L11 f'T1 SKt~ PA t7257 post~ge $ $0.60 .J1 0- I"- ea Certified Fee r4 t:I t:I t:I Return Receipt Fee (Endorsement Required) Restricted Deiivery Fee (Endorsement Required) Total Postage & Fees $ $4.65 I . . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: ~/lY/A ,t.#~~~~ d Y ft,IYA/#ct~ ~.4'PA.! 7 7' ,LJ)J ~,,/~r~C/4?/ T/ 17..:1';7 2. Article Number (Transfer from service label) PS Forrn 3811 ,A~gust20(11 COMPL L J I THIS SFC TlON ON PEIIVEIiY o Agent Addressee C. 9~te of Delivery '1' r~113 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No x B. Received by ( Printed Name) " '* 711t1tJ-/v7tt1- ~()tJ/- 102595"()2-M"()835 Dome~tic Return Receipt .. () ~ s;;: ~?fi i5$; ;:5c"",,;, ~- ?EQ j>() ~ =< o W :tD -ry ";:'0 1'\.) ~.. ~ '"r' .~ r~r .f-r; ('9 }~~ ~~~~ :~..J -I ~ -< -c _.;~ ~ N ......, KElLI JO BOWERMASTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-1690 CIVIL TERM DAVID L. BOWERMASTER, Defendant : CIVIL ACTION. LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. 14, 2002. A complaint in divorce under ~3301(c) of the Divorce Code was filed on April 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 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. ~ 4909 relating to unsworn falsification to authorities. Date: If - J / r () 3 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree in Divorce 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 divorc;e is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and 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 made subject to the penalties of 18 Pa.C.S. ~ 4909 relating to unsworn falsification to authorities. Date: I r - ;2.[ - D3 (') -Ul~ ~~/ 2":" OJ_:., -<:. ' ~l,~, ?--- Z(-:, :s:::~ ~- ::< ., "'-) -J", ;"\...:: - KELLI 10 BOWERMASTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. DAVID L. BOWERMASTER Defendant : NO. 2003-1690 CIVIL TERM : CIVIL ACTION ,- LAW : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE 1. The parties to this action separated on April 14, 2002, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 grant,~d. 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: >;~/)-O') weI~ Cl C. ;: -oC;..,: n""lt'~" ''-7 ~:,' '. Zl;. v') ~~; 21-;' ~.~~. --==C.l YC: ~ ,..., $ <J" ~ G') - '" ~ ~:!1 -o~ ~T.J --,) ~1 _l--....n 0(') 7-rn a --~\ ~ ..." '$ W .' cJ1 '" - KELLI JO BOWERMASTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. DAVID L. BOWERMASTER Defendant : NO. 2003-1690 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: David L. Bowermaster, Defendant: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the plaintiffs affidavit. Therefore, on or after September 20, 2005 the plaintiff can request the court to enter a fInal decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verifIed or a counter-affidavit by the above date, the court can enter a fInal decree in divorce. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 rlC1i;-", /- '. ([\ \ ;/." ~~.C ~t-;.\'~~'," /~ 3. C1 C :2"':c .-'-' ~ G.f' ~ G"> 'j. ~ -' - - '>ii, -' :S:;"'" r.;"? :QI" ,dQ 1:),0 ':::;.: ~~", .~... ....,-~ ~~~?\ ':;:01 ~ c.,;> o KELLI JO BOWERMASTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. DAVID L. BOWERMASTER Defendant : NO. 2003-1690 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on April 14, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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: Y; -- /(J - ()S ."r~ C,' n-"'l -J-< ::: uJ -,- \-.',: " <. 2.?"~_ $'~ 3. ('") ~ f'J = <=> "" ;po c:: Co") o -n ~-n f11r'~ -C1-f"1J 'UY t:_)\c') ~W~ ~~~ ~ ~ N U1 '"" ::A - - w Cl - KELLI JO BOWERMASTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. DAVID L. BOWERMASTER Defendant : NO. 2003-1690 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on April 14,2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. ~ 4904, relating to unsworn falsification to authorities. Date: ~ -;;J;)-O~ r:fJ'a~kfiJ..r/-u /'-fV/ hYI-<J~ David L. Bowermaster/Defendant o f,; -0 {-o, Q:;C . i (;:~ r: ~- ~~~ ~~ .(:.-, -~ .-< , ~ ~ "'" c:: (i") N VI V' ::c: o -,-, :1:1:1 'fne. -OJ,....!...: ~()....' ?:),6 '1:-::!?, i~::; (') :,;;)'.-in \.~ ~ ,:> :0 :-<: - - W Q KELLI 10 BOWERMASTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. DAVID L. BOWERMASTER Defendant : NO. 2003-1690 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF INTENTION TO REOUEST ENTRY OF & 3301 (c) DIVORCE DECREE TO: David L. Bowermaster Defendant You have signed a S 3301 (c) affidavit consenting to the entry of a divorce decree. Therefore, on or after October 17,2005, the other party can request the court to enter a final decree in divorce. Unless you have already filed with the court a written claim for economic relief, you must do so by the date in the paragraph above, or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 OURT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 o c ij22: >;;':'! :~.'_; ., r'-~ .- -:-.. ~~~. ~ ...., "'" = c.n l/) 0''1 " N ..., o '1 :i:! n,:n ..-- =-?i1] ..'C> (,).1 o'JO r" r;jf4 Om --.1 iii -< :t>> :x - " CJ Ul KELLI JO BOWERMASTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. DAVID L. BOWERMASTER Defendant : NO. 2003.1690 CIVIL TERM : CIVIL ACTION - LAW : 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: I. Grounds for divorce: irretrievable breakdown under S 3301(c) of the Divorce Code. 2. Date and manner of service ofthe Complaint: April 18, 2003, Certified Mail/Return Receipt/Restricted Delivery. Exhibit "A" 3. Date of execution of the affidavit of consent required by S 3301(c) orThe Divorce Code: by the Plaintiff August 10,2005; by the Defendant, August 22, 2005. 4. Related claims pending: None. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: September 27, 2005, first class mail. Date: /0 -;; 0 ,2005 ;VI ~~ {I ~.It Michael J. Whare, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 89028 ,...., C::-J c.~ '-'", C> n ....; . f',.) . 0 -. -~" -.' c_, ~-:"'l :;...:t ...( ;::- ~D w -< KELLl 10 BOWERMASTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. DAVID L. BOWERMASTER Defendant NO. 2003-1690 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE PROOF OF SERVICE EXHIBIT A . Complete items 1 , 2, and 3. Also complete ~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. Article Addressed to: B. Received by (Printed Name) C. ~e of Delively "I' '-"3 D. Is delivery address different from item 1? 0 v.. If YES, enter delivery address below: 0 No (2)~r/A I Zb~;eH~ YrY ft;tW#t?~ ~,,:.W/J ~,/,,'p,r~M?, y:/)1 17-<',)" '7 DR o In 4. R 3. $erv 2. Article Number rrnmsfe'fromservicelabeQ 7(;1(7(;1 - /~ 7(;1- t1tJeJ/- PS Form 3811 , August 2001 Domestic Return Receipt 102S9S-02-M-0835 (") c: ~ $: c:::;t ,...;.:~ c,~ ] r'; ..") 7 -, ... " l'.) CJ 0 ;'.'") ') .. , :1 ,r ,,: - ,+:+.:fi'+::t':t':++''f.+.:t'+.:f.:f.:t: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ... :l'::f. +':f.:t':+:t' 'f.:t::f. :t':+:t:'+::f.+.:f.:+:t':f.'f.:+:+'f.:+:++.*:++. . :+:+:+:+:t::f.+++':+:++'+:+:++.:+:+~ . . . . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF ~elli Jo Bowermaster Plaintiff VERSUS David L. Bowermaster Defendant PENNA. No. 200] lIiQO DECREE IN . . . . . . . . . . . . . . . . DIVORCE AND NOW, tu...., DECREED THAT K9l1i Jo BQwermaster , PLAINTIFF, . . . . . . . Z-7. ~oS, IT IS ORDERED AND AND David L. Bowermaster , 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; None +:+ +.:f.:+:f. + '+ +:+ .. +:+:+'+:+Of '10' '" +. +.:+ + +:f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :++ +. +:+:+:f. '1':+ Of J r~~ ~ PROTHONOTARY :f.+'f+:+ :++:t::++:f.'Io'+++++:f.+.+++++:+Of++ ++.++. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . ~ j27~ r~k., 507 Le J'/ ?"?~o/ ,fL;;' :zjr'.?Jr/ ~.}.;:v _Q7- i... C'''' f?/ 4; " .