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Home My WebLink About99-03241'`';; 'a>: ?ititi s'r "•' ..,? L;. :y? ..... .:)T/: j,,. '.Y°r: AI ,?'' ;,4 :k ts•'ce• ;e• c?• ,e::e c?• tom.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. No . ....329.1 ......... .................. 1999 DECREE IN DIVORCE '? I R AND NOW, ........ 4?Or•,, 4r-... ? .. , 19. 9.g .. , it is ordered and I r decreed that .. Susanne ,W., McClaffpKty. • • • • • , plaintiff, ....................... and ........... .......... James W. McClaffert .:..........................x........ defendant, :- i 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 ....................................... ................ A i r i rXi. rXr %?;• ................................................... i By T e Court . i i. Altexl J. r'rolhonolnry Ii . .:C^{I: `•iP; ?:1: ~•:1:• :?i •:?i ?Ii.:Iii :?:• :1} :1:•..:1:• :1:• iK' •:Oi •:r:• W. :1:? ti1:• •:1:• •:?:• SUSANNE W. MCCLAFFERTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JAMES W. MCCLAFFERTY, a 99 - 3241 CIVIL TERM Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information to the Court for entry of a Divorce Decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (C) of the Pennsylvania Divorce Code. 2. Date and Manner of service of the complaint: Certified mail, restricted delivery, on May 29, 1999. 3. Complete either paragraph (a) or (b). (a) Date of execution of affidavit of consent required by Section 3301 (C) of the Pennsylvania Divorce Code: by Plaintiff on September 1, 1999 and by Defendant on September 14, 1999. (b) (1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: Not applicable: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Not applicable. 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transm t record, a copy of which is attached: - Not applicable (b) Date Plaintiff's Waiver of Notice in Section 3301 (C) was filed with the Prothonotary. September 17. 1999 Date Defendant's Waiver of Notice in Section 3301 (C) Divorce was filed with the Prothonotary. f_september 17, 1999 Gy1 Gt/ 01 &nrew C. Sheely, s wire rney for Plai f ) J_S ; r LALT? t` ? rtl Lt_ ? ? ? U Andrew C. Shealy, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 _ PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) SUSANNE W. MCCLAFFERTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JAMES W. MCCLAFFERTY, 99 CIVIL TERM 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 against you and a decree in 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 with 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 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 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, PENNSYLVANIA 17013 (717) 249-3166 / l BY Ale?/ EWn ` . ? _ Andrew C. Sheely, Esquire PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 1.7055 717 697-7050 Attorney for Plaintiff Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) SUSANNE W. MCCLAFFERTY, Plaintiff VS. JAMES W. MCCLAFFERTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99 - 3,2-1// CIVIL TERM IN DIVORCE COMPLAINT 1. Plaintiff is Susanne W. McClafferty, an adult individual who currently resides at 204 South Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is James W. McClafferty, an adult individual who currently resides at 109 Clemson Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 17, 1951, in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. 7. Plaintiff has been advised of the availability of marriage counseling and understands that she may have the right to request that the court require the parties hereto to participate in counseling. 8. The marriage between the parties is irretrievably broken. 9. Plaintiff and Defendant have lived separate and apart since June 27, 1980. 10. This action is not collusive. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing Plaintiff and Defendant absolutely. Respectfully submitted, Date: May 1999! 0 Andrew C. Sheely, E ire Attorney for Plaintiff PA ID No. 62469 P.O. Box 95 127 S. Market Street t.echanicrburg, PA 17055 697-7050 2 VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: May ay r ??Cu w l . I IN c CGc.? .? 1499 Susanne W. McClafferty SUSANNE W. MCCLAFFERTY, Plaintiff VS. JAMES W. MCCLAFFERTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99 - 3.2 x/ CIVIL TERM IN DIVORCE AFFIDAVIT Susanne W. McClafferty, being duly sworn according to law, deposes and says: (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. section 4904 relating to unsworn falsification to authorities. V/ 1 Susanne W. McClafferty CS Q - Jp G Andrew C, Shealy, Esquire 127 S. Market Street P,.O. Box 95 Mechanicsburg, PA 17055 PA ID 140. 62469 717-697-7050 (Phone) 717-697-7165 (Fax) SUSANNE W. MCCLAFFERTY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JAMES W. MCCLAFFERTY 99-3241 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF SERVING COMPLAINT COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF ANDREW C. SHEELY, being duly sworn according to law, deposes and says that he caused a true and correct copy of the Divorce Complaint in the above-captioned matter to be served by Certified Mail, Restricted Delivery, Return Receipt Requested, as indicated by the attached receipt cards, on May 29, 1999. ANDREW C. SH Y SWORN to and subscribed before me this a'Yday of June , 1999. a-, _tJ6)NXa Notary Public _ My Commission Expires: oa,y kkk brfaad Ca., PA EMuch t4 2= Z 349 476 441 US Postal service Receipt for Certified Mail No Insurance Coverage Provided, Do not use for International Mail See favors& se?mes W. McClafferty SlraeljlumtWr 11`yJ Clemson Drive 'osl Ollica Sleto, 8 ZIP Cado Carlisle, PA 17013 ostage $ c{ Delivery Foe I ??f n ii E 'o s $ 6. a°. PS .Complete I;" en 'Complete Ilame 3 4e, °d/oarid 2 elor eddlllonN M aae. , `--- I also wish to r Print your name eCe'Ye ee card ctoyo u, 10 antl °°dreu on the nwna of Ihle brm w Net we an rot um ItYe Mah thlelone 1 following BeMces pema 6 he hoot of the mallplep, Gorr IIN beck it a Bxtrg fBB); (for an W°te 'Return Recy/PI R °P c0 ?°° n°t the RalumR e9tMlled•on lha meilplece below the MlW nurMec 1.?Add/esaeB'e Ialivered xelq wet show to whom ere artltle wee dallventl end the date Address A rtiCle A 2.0 Restricted Delivery ddressed to: Consult Poabnaeter for Pee. Jailtes 4a• AMUG Number W• McClafferty z 399 476 aql FOR ADDRESSER 04;y 109 clemsOt Carlisle, PADr170 17013 ? Registered ? Expreas Mail 13 Qertl6ed ? Return Receipt for ? Insured Merd>andl w CAD 7. Date of Delivery 8. Addressee's Address end lee is pe/tl) (Drlry!lrequesfed I mzsss 97-8.01-- '9 DDR1e8fic Return Receipt ANDRE-NV C. SHUE-1,Y 'rclepwme: (717) 697.7050 A'I-I'ORNGY A'I' LAW 127 Srndli Mnr6l Slrccl P.O. Box 95 Med,anicAurg, Pennsylvania 17055 May 28, 1999 James W. McClafferty FOR ADDRESSEE ONLY 109 Clemson Drive Carlisle, PA 17013 Pax: (717) 697-7065 RE: M laff rty v McClaff rty 99 - 3241 In Divorce Dear Mr. McClafferty: Enclosed for service upon you in accordance with the Pennsylvania Rules of Civil Procedure is a true and correct copy of the divorce complaint recently filed on behalf of your wife, Susanne W. McClafferty. The Divorce Complaint was filed earlier today. As advised in my letter dated May 25, 1999, it is the desire of Susanne to reach an amicable divorce and comply with the terms of the 1980 property settlement agreement without great cost to either party. I have obtained copies of the deeds for the properties which are identified in the property settlement agreement. If you have questions about the Divorce Complaint, feel free to contact me. In the event you have an attorney, please have him or her contact me at your earliest convenience. Thanks for your attention to these matters. Very truly yours, ,9? CJ14 ANDREW C. SHEELY ACS/as Enclosure c: Susanne W. McClafferty Certified Mail No. Z 349 476 441 ua=? ? jQ d Cl) ui 0 Cr% Andrew c. Shealy, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) SUSANNE W. MCCLAFFERTY, Plaintiff VS. JAMES W. MCCLAFFERTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99 - 3241 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 28, 1999. 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE: I. 15C1q --j5 a..,,,,,.- kv ms cc.l-ti-. Susanne W. McClafferty g ? Y _ :L tl.. 7 r- 9 rn - 'Lt [L LLJ U 6 c O- F cn ?0 C31 U. Andrew C.. Sheeiyt Esquire 127 S. Market street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) SUSANNE W. MCCLAFFERTY, Plaintiff VS. JAMES W. MCCLAFFERTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99 - 3241 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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 divorce decree 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 made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. c• DATE: \CYi. I I'1 i? )d ?kL\?? ?, al Susanne W. McClaffertyf' ? a ? "_' r N SUSANNE W. McCLAFFERTY, Plaintiff V. JAMES W. MCCLAFFERTY9 Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - 3241 CIVIL TERM : IN DIVORCE DEFENDANT°S AFFID"IT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about May 28, 1999 and served upon defendant by certified mail thereafter. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. September 2XI 1999 rj?dS W. McCLAFFER O 7C ? 7 4 ?y r J 1'i?' ? l ? i.l t I .l ?? O SUSANNE W. McCLAFFERTY, Plaintiff V. JAMES W.McCLAFFERTY, Defendant :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION • LAW : NO. 99 - 3241 CIVIL TERM : IN DIVORCE WAIVER OF KQTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 fled with the Prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. September`, 1999 45 s x F ; CL- r? r. LL?i w r r• v Cn m