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Home My WebLink About01-03474 VS. . IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA . : NO. 01- .)J(7'1 c''ol( 0 I~ NANCY A. PLASTERER, Plaintiff JOHN RICHARD PLASTERER, Defendant . . CIVIL ACTION. LAW 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 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, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 r,,~. . "'-', , - ,~,,-,- -,.", ,. , --~'-, - - - - - 1- 1'-' , ,. - ~ , NANCY A. PLASTERER, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * NO. 01- 3C/7'1' Cu.:;;t .,~ VS. * * JOHN RICHARD PLASTERER, * CIVIL ACTION - LAW Defendant * IN DIVORCE COMPLAINT UNDER ~3301 OF THE DIVORCE CODE 1. Plaintiff is, Nancy A. Plasterer, who currently resides at 2 Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is, John Richard Plasterer, who currently resides at Meadowood Senior Citizens Apartments, Apartment 1051C, Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on May 6, 1972. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there are no children of the parties under the age of eighteen. .,,~ ~,-.",-)~-- -" - - '- ~_._~-">,y~;_ ""-,.;,"",,,-' "c_-__,_~_-, .'ri', ,,_' _ (_"" _ '_, ,._ _'. P __1,__ ->t,' . ~ ",,_ . ,.", ,_ ., COUNT I. REQUEST FOR A No-FAULT DIVORCE UNDER ~3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that 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 the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER ~3301 (d) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the Parties is irretrievably broken. 14. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. ^"",_c,. "",,. '"__un_ ,- , . ~~ COUNT III. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER 93502(d) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 17. Pursuant to Section 3502(d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT IV. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER 93323, 93501, 93502 and 93503 OF THE DIVORCE CODE 18. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 19. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. !" . ?,;~ .~~ -.,. ',""1 -, - ,-.' ..,. .,'<'1'"'>'''-'- ,-, "_1. 'f _ ' "-- ~ -- WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT V. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE .UNDER SECTION 3104 OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 21. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 22. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 23. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant f_;", ^ " ' "- ,,, - '--," " ~~- ' ^ '" ." ,"C.--, ~-, -" -,__ ,,", ";r'f' -~,--_ ,''''' ,'~"- to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. Date: ;?,~ ''''0',-",' .n ~"'W-~ . "_'_," '." 0" _T_ _ -'1>--( R~/ BY: EDWARD J. WEINTRAUB, ESQUIRE 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 10 #17441 ATTORNEY FOR PLAINTIFF c,l. ,_ '_" ~~ ,. VERIFICATION I, Nancy A. Plasterer, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: J~ ".~CJ/ ~4?~~';k~ Nancy A. l#i'asterer .=~ . .':'" ,)"~.,',, C"" *]",~, ^. ,-r---' , , ;M h d.'." ."' t:s [0 .~1llP!I t t i^" ~ ___ 0Oj~ --...: ........6' ~.vct~ ~ " () & !J 0'1 ~ ~ t t G' 0 ~ 4.i r~ ,\J e fi- ~ ~ ~ l' .~ () ~ -Ow fTlrn Z~-' e.;~u - r;:~ .::;'" -<7 r:~ <_C"'l Z::P-(. -0 ;Pc: z: =< .~ ~, . ~ z: :--:1 " :'f'> ,.. ~~'~ '-: r~l (5.1 :."ll_) ~~~~ om ::;::; ~ ~ """-1'",", ~~!<ljlj:#""'~~ .,"'_ ,_Rl'!)W.-j\!\"Ir"!!1:"_>'''''''''lO~l>;:!jl;J!ijj~ ~,.~T!UH;lI~ F .,__,,_ffi)R ."- ,.,;-~ . 0'. ~'D ::i;;: f9 o NANCY A. PLASTERER, . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . NO. 01-~ VS. . . JOHN RICHARD PLASTERER, . CIVIL ACTION - LAW Defendant . IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint For Divorce Under Section 3301(c) of the Divorce Code on behalf of my client John Richard Plasterer which was filed on June 6, 200 I, to the above referenced term and number, and verify that I am authorized to do so. Dated: , -/ Z. - i:> ( , squire I "...m .. H ", '-~._d- ,",_~ .?---._^ __~~__',?,", >.', ..'- _'____~:._'-I -~ - ~---"" '-,' '. "" I ~ ,. ..,.. ~~.~"...ll'fI"f.l!lIli!II.f. .. . V'< ~ ~ '~'_I_~H .~ 0 C) ,-,:) -- -n c:: -~ s.- ,- -.; (0 :x . c ;::-- rhr"T'"', ,-, :24' f'."' ',' [5 ~~i: (::) C) .,.,'] (2c ...,-, ~-:.~, fo .-.- ~.~: (") !?C~: :.:::.cn Zc ~ ,_J, ?C:. "'j "7 ,- ;;p :2 ,0 ..... ...0 ~_'''' __",".__' ~ "~~f.\WJff"-";:$~"""'-<1~N!AlFf.h~Y-t<:l.~)ff~~.'!f,t>.\:_~",,~~~IlI!l:IIi'f(y'W~lJ ~ ~, ",,"~'V~~n~^'