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HomeMy WebLinkAbout99-04041 I? r 7 ?o IN THE COURT OF COMMON FLEAS 'r OF CUMBERLAND COUNTY STATE OF 4rh PENN A. ,1,,.,, ..r WENDELL. E. PENNABAKER,_ u..99 4041 19 Plaintiff - • Vcr.;u, SHANNON L. PENNABAKER, _ Defendant DECREE IN 1 V O R C E' ?'Z zPM AND NOW, . .......... ......0, , 19..99. , it is ordered and decreed that ......... WENDELL. E,,PENNA]BAKER. ............. .. Plaintiff, and ..................SHANNON. L_..PENNABAKER.......... ... , defendant, - are divorced from the bonds of matrimony. i 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; I ••• A 064tree ........... . .... ... r. 000 At es ? J s S -00 . . ' w Prothonotary 'e•' :e: W, •a; •a:• -.*I- a: W. W. •:e. ?V' a: :c .e. W. .c ?:• a:• ;a •:e::e. .c .a .e. .e. .e .e. .e. s: .e ?:. ?;? y. 99 ?..? ?'? m°-?i-S f a? l-r•1-?'??i ??? ? l? ?? ???? y;?? ? ?? WENDELL E. PENNABAKER, Plaintiff VS. SHANNON L. PENNABAKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 99-4041 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S3301(c) as0xf?)<P?K of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: July 2, 1999 by certified, restricted mailing 3. Complete either paragraph (a) or (b). (a) Datp_ of execution of the affidavit of consent required by S3301(c) of the Divorce Code: by plaintiff 10/14/99 by defendant 10/14/99 (b)(1) Date of execution of the affidavit required by S3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: :i. COn'Plet:e either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in 53301(c) Divorce was filed with the Prothonotary: 10/19/99 Date defendant's Waiver of Notice in 53301(c) Divorce was filed with the Prothonotary: 10/19/99 ."?- 2,'i- 2 Attorney for ( Plaintiff) fX6g Widrde0W V_:c a;, cl, G: CU WENDELL E. PENNABAKER, PLAINTIFF V. SHANNON L. PENNABAKER, DEFENDANT IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99- 11,I)gl CIVIL TERM : 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 lake 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 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 Office of the Prothonotary at the Cumberland County Courthouse, I Courthouse Square, First Floor, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OR 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 WENDELL E. PENNABAKER, PLAINTIFF V. SHANNON L. PENNABAKER, DEFENDANT : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- Alt ),11 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE COMPLAINT IN DIVORCE GROUNDS FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) or 3301(d) OR DIVORCE CODE 1. Plaintiff is Wendell E. Pennabaker, who currently resides at 656 Hilltop Road, Newburg, Cumberland County, Pennsylvania, since approximately 1978 or 1979. 2. Defendant is Shannon L. Pennabaker, who currently resides at 1743 Orchard Road, Chambersburg, Franklin County, Pennsylvania, since November 22, 1998. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant are citizens of the United States of America. 5. The Plaintiff and Defendant were married on July 5, 1997 at Memorial Park, Shippensburg, Cumberland County, Pennsylvania. 6. The parties resided at 656 Hilltop Road, Newburg, Cumberland County, Pennsylvania, from the date of the marriage to the date of separation. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. 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. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 10. Neither Plaintiff nor Defendant is in the military or naval service or the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 11. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests that your Honorable Court grant a Decree in Divorce to him, plus any other appropriate relief. K;,.pectfully submitted, Richard L. Webber, Jr. Attorney for Plaintiff 366 Green Spring Road P.O. Box 40 Newville, PA 17241-0040 (717) 776-6566 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.A. Section 4904, relating to unswom falsification to authorities. Date: r.???9!11????nt.?C?2<dl?-?' Wendell E. Pennabaker, Plaintiff ?? ?. ?• Y' V S? ? ? ? v ? ? C\S WENDELL E. PENNABAKER, PLAINTIFF V. SHANNON L. PENNABAKER, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4041 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA . : SS COUNTY OF CUMBERLAND Richard L. Webber, Jr., being duly sworn according to law, deposes and says that he mailed the Complaint in Divorce in this matter by certified mail, return receipt requested, addressee only, to the Defendant, Shannon L. Pennabaker, of 1743 Orchard Road, Chambersburg, Pennsylvania 17201 on July 2, 1999. The return receipt signed by the Defendant is evidence of delivery to her and is attached hereto as Exhibit "A". Sworn to and subscribed before me this _13* day of , I,A?, 1999. Richard L. Webber, Jr., Attorney for Plaintiff 366 Green Spring Road P.O. Box 40 Newville, PA 17241 (717) 776-6566 Not Public NOTARIILLS;.; IEANYEwAn(ER NOAYPIIBLIC NOATN NEwtON TNI?, BERlAND C0. YCOMMISSIONEI(PIAAACH3t 2003 WENDELL E. PENNABAKER, PLAINTIFF V. SHANNON L. PENNABAKER, DEFENDANT Z 515 606 732 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. nn not us:e fnr Intamntinnal Unit Mina rouvimaI m c 8 1?L a Sent to Shannon L. Pemabaker Street 8 Number Post Once, State, 6 ZIP Cade ?hllrn PA 791`11 Postage f $ 5555 Certified Fee 1.40 Special Delivery Fee Restricted Delivery Fee 2.75 Return Receipt a whom to 1.25 Realm Dee, 's To L stages s 5.95 P ark r0 q GSPS dar r SENDER: I also wish to receive the • Complete items 1 and/or 2 for addilional sarvlces. • Complete items 3,4a , and 4b. following services (for an 9 • Print your name and address on the reverse at this term so that we can return this extra fee): card to yOU. • Attach this lolm to the heat of the maifpioce, or on the back if space does not 1. ? Addressee's Address 8 1 ` permit. Recapt R • i a s n me d 2. EII Restricted Delivery id the m dthe date we delisdeli d The R Return Receipt will will show tshow 1o whom the maids veretl and the date • The delivered, onsult postmaster for lee. l $ Shannon L. Pennabaker 1743 orchard Road Chambersburg, PA 17201 PS Fdr* 3811, Decembir 1994 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4041 CIVIL TERM IN DIVORCE 4a. Article N umber Qg Z 515 606 732 t!I 4b. Service Type E i v ? Registered 9p Certified ¢ ? Express Mail ? Insured ? Return Receipt for Merchandise ? COD y 7. Date of Deliwe-? / 8. Addressee's Address (Only i requested Y and fee is paid) r 1 f I W595-98-0 0229 U i.:. 7 n Zl- v. U al j s WENDELL E. PENNABAKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4041 CIVIL TERM SHANNON L. PENNABAKER, : CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT L A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 1, 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. Section 4904 relating to unworn falsification to authorities. Date: WENDELL E. PENNABAKER, Plaintiff N in G n CV LLU O't :ate 2Z C z ) C rn U WENDELL E. PENNABAKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4041 CIVIL TERM SHANNON L. PENNABAKER, : Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1 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 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. 1 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. Section 4904 relating to unsworn falsification to authorities. Date: WENDELL E. PENNABAKER w i C r i as i a 4. I c y4 CV) S c' U WENDELL E. PENNABAKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-4041 CIVIL TERM SHANNON L. PENNABAKER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 1, 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. Section 4904 relating to unsworn falsification to authorities. Date: ! -f ANNON ABAKER, Defendant Lr. `r' tW,u ?? GV Jg Cl- r o ? c CT U WENDELL E. PENNABAKER, Plaintiff, V. SHANNON L. PENNABAKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4041 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that 1 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. 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: /SliANNON 66ABAKER > N Lr, z O ' N Uzi Ij- o- ° A y, O% AFC OW C rn U