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HomeMy WebLinkAbout07-3174IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA FAMILY DIVISION Sharryl Lynn Nace Plaintiff vs. No. ~ 1 Jeffrey Michael Nace Defendant . 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 Plaintiff. You may lose money, property or other rights important to you, including the right to demand marriage counseling. When the ground for divorce is indignities of irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary for Cumberland County: ` ( s~ rs l 1 ~ ~ 3 ~b° ~ IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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: Cumberland County Bar Association Lawyer Referral Service Adams Co., Gettysburg: (717) 334-6781 Allegheny Co., Pittsburgh: (412) 261-0518 Armstrong Co., Kittanning: 724-548-3251 Beaver Co., Beaver: (412) 728-4888 Bedford Co., Bedford: 814-023-4833 Berks Co., Reading: (610) 375-4591 Blair Co., Hollidaysburg: (814) 693-3090 Bradford Co., Towanda: (570) 265-1705 Bucks Co., Doylestown: (215) 348-9413 Lackawanna Co., Scranton: (570) 969-9600 Lancaster Co., Lancaster: (717) 393-0737 Lawrence Co., New Castle: (724) 656-2143 Lebanon Co., Lebanon: (717) 274-2801 Lehigh Co., Allentown: (610) 433-7094 Luzeme Co., Wilkes-Barre: (717) 822-6712 Lycoming Co., Williamsport: (570) 327-2251 McKean Co., Smethport: (814) 887-3270 Mercer Co., Mercer: (724) 342-3111 Butler Co., Butler: (724) 284-5214 Mifflin Co., Lewistown: (717) 248-8146 Cambria Co., Ebensburg: (814) 472-1636 Monroe Co., Stroudsburg: (570) 424-7288 Cameron Co., Emporium: (814) 468-3355 Montgomery Co., Norristown: (610) 279-9660 Carbon Co., Jim Thorpe: (570) 325-2481Montour Co., Danville: (570) 271-3010 Centre Co., Bellefonte: (814) 355-6796 Northampton Co., Easton: (610) 258333 Chester Co., West Chester: (610) 429-1500 Northumberland Co., Sunbury: (570) 988-4151 Clarion Co., Clarion: (814) 226-1119 Perry Co., New Bloomfield: (717) 582-2131 Clearfield Co., Clearfield: (814) 765-2641 Philadelphia Co., Philadelphia: (215) 238-1701 Clinton Co., Loch Haven: (570) 893-4007 Pike Co., Milford: (570) 296-7231 Columbia Co., Bloomsburg: (570) 389-5600 Potter Co., Coudersport: (814) 274-9740 Crawford Co., Media: (814) 333-7324 Schuylkill Co., Pottsville: (570) 628-1270 Cumberland Co., Carlisle: (717) 249-3166 Snyder Co., Middleburg: (570) 837-4202 Dauphin Co., Harrisburg,: (717) 232-7536 Somerset Co., Somerset: (814) 445-1428 Delaware Co., Media: (610) 566625 Sullivan Co., Laporte: (570) 946-7351 Elk Co., Ridgway: (814) 776-5344 Susquehanna Co., Montrbse: (570) 278-4600 Erie Co., Erie: (814) 459-4411 Tioga Co., Wellsboro: (570) 724-9281 Fayette Co., Uniontown: (724) 430-1272 Union Co., Lewisburg: (570) 524-8751 Forest Co., Tionesta: (814) 755-3526 Venango Co., Franklin: (814) 432-9577 Franklin Co., Chambersburg: (717) 261-3858 Warren Co., Warren: (814) 728-3440 Fulton Co., McConnellsburg: (717) 485-4212 Washington Co., Washington: (724) 225-6710 Greene Co., Waynesburg: (724) 852-5289 Wayne Co., Honesdale: (570) 253-5970 Huntingdon Co., Huntingdon: (814) 643-1610 Westmoreland Co., Greensburg: (724) 834-8490 Indiana Co., Indiana: (724) 465-3855 Wyoming Co., Tunkhannock: (570) 253-5970 Jefferson Co., Brookville: (814) 849-1606 York Co., York: (717) 854-8755 Juniata Co., Mifflintown: (717) 436-7715 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Sharryl Lynn Nace Plaintiff vs. No. D ~ .3/7 y Jeffrey Michael Nace Defendant . DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Shanyl Lynn Nace, who currently resides at 243 N Enota Road, Enola, Pennsylvania 17025. She has resided at this address at least since December 1988. 2. Defendant is Jeffrey Michael Nace, who currently resides at 177 Ashford Drive, Enola, Pennsylvania 17025. He has resided at this address at feast since July 2006. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 05, 1987, at Seventh-Day Adventist Church, Harrisburg, Pennsylvania, County of Dauphin. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemember's Civil Relief Act of 2003 and its amendments. 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff is aware of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. An original copy of the marriage certificate is attached. 10. After ninety (90} days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant will 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 §3301 (c) of the Divorce Code. L~n~ ~«~au~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Sharryl Lynn Nace Plaintiff vs. No. Jeffrey Michael Nace Defendant , DIVORCE VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my knowledge, information and belief. 1 understand that false statements made herein are subject to the penalties of 1 PA. C.S., 134094, relating to un om falsification to authorities. 5 ~ ~ ~ ~-Q Date Plaintiff 1 •~ W N 6~ 1~ ~"'~ hJ ~. ~. f ~ ~; W ~.~ ~ t r~ rn O _ ..: ::~ j _.: i - _ i .) ~.:~ -^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Sharryl Lynn Nace Plaintiff vs. No. O7 ~ 3 ~ ? 7 Jeffrey Michael Nace . Defendant . DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Personally appeared before me the undersigned, a Notary Public in and for said County and State, Sharryl Lynn Nace, for the Plaintiff and duly authorized to execute this Affidavit, and states that the Affiant knows of his or her own knowledge that the Defendant Jeffrey Michael Nace herein is not in the military service as defined in the Servicemember's Civil Relief Act of 2003 and its Amendments thereto, for the following reasons: Spouse lives several blocks away and visits with his children quite frequently. Affiant further says that the obligation sought to be enforced in this suit is not an obligation against a surety guarantor, endorser, or other pens liable, primarily or secondarily, for a party in the military service. aintiff ` IN WITNESS THEREOF, I have hereunto set my hand and seal. Dated: ~a.c./ ,~.5 ~ ~~ `7 -.~O - NOTAR PUBLIC .,,aw~UfVVVcH~ i ~ ; ur rtrvrvo r ~~~„ . Notarial Seal Tina M. Robertson, Notary Public East Penrrsboro Twp., Cumberland County My ~n Explrw~ Nov.16, 2W7 Member, Pwnnsylvr+nla Asaeeiatien Al WfjtAA~^ C7 ^~ `w' C::" C~ ~~, : ~ ;~;; . _.~_ _ _ ;7;f~. . - ~~ ` _, { ~, -, _, -,,~, ,,, r ~~ -- .;~r _.i °{ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Sharryl Lynn Nace Plaintiff vs. No. 07-3174 Jeffrey Michael Nace Defendant DIVORCE ACCEPTANCE OF SERVICE I, Jeffr y Michael Kace hereby state that I have accepted service of a true correct copy of t e l ~ (document) in the above captioned matter on `~ ~1 'o ( te) by (a} Certified Mail sent to the following address: ~'" b Personal Service. T is d ument was hand-delivered b -O Y ~~-- ~ whose ale is __ ~~ and address is c?~e~' nt ~ ~ N°~- ~ -vim ~'T7;'r. ~ ~~ ~{_ ~C~"' ~.. :X ~~ -s~ C.~ ~ ~ ""~ ~+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Sharryl Lynn Nace Plaintiff Jeffrey Michael Nace Defendant FAMILY DIVISION vs. No. 07-3174 DIVORCE AFFIDAVIT OF SERVICE Sharryl Lynn Nace, after being duly cautioned and sworn, deposed and says that in regard o the abgve-capt~ned case, I served Jeffrey Michael Nace wit a tr a and correct copy of the ~if7ftl.p IQ/lr~ (document) on the date of ~ 1 in the manner of (a) Certified Mail sent to the following address: / (b) Personal Service. This ocument was hand-delivered by: ~~! ~ whose age is ' r~ ~,n~l~~ ~~- 1~1~~ ~ SWORN and SUBSCRIBED to before me this day of , and address is Notary Public G ° .Z, t~~; ' ~ ~ ~ _ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Sharryl Lynn Nace Plaintiff vs. No. 07-3174 DIVORCE Jeffrey Michael Nace Defendant AFFIDAVIT OF CONSENT 1. A compla' t i Divorce under Section 3301(c} of the Divorce Code was filed and served on ~ L (date). 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. 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 d' orce is gra ted. (~ a 1 ~ , CQ Date Plaintiff SWORN an SUB CRIBED to before me th day of , Notary Public ~ , ,,_,. ~C. • ..Q ~''~' N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Sharryl Lynn Nace Plaintiff Jeffrey Michael Nace Defendant FAMILY DIVISION vs. No. 07-3174 DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C) AND §3301 (D) To the Prothonotary: 1. I consent to the entry of a final decree without notice. 2. I understand that l may lose rights concerning alimony, division of property. Lawyer's fee or expenses if t 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 statement are true and correct to the best of my knowledge, information and belief. I understand t at false state ents made herein are subject to the penalti s o 18 PA C.S. § 4904, relating to un rn falsifi into auth iti s. Date Plaintiff ~~~ E~ 't7 a ~' .C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Shanyi Lynn Nate Plaintiff vs. No. 07-3174 Jeffrey Michael Nate . Defendant DIVORCE AFFIDAVIT OF CONSENT 1.. complaint in Di orce under Section 3301(c) of the Divorce Code was filed and served on ( o ~ (date)_ 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. 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. ~ ~~ ~~ ~~ Date a ant SWORN. and UBCRIBED to before m` th' day of , Notary Publ _..- S ...,, ~'~ ~-, ...•i P~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Shanyl Lynn Nace Plaintiff • _ vs. No. 07-3174 Jeffrey Michael Nate Defiendant • . DIVORCE WAVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C} AND §3301 (D) To the Prothonotary: 1. I consent to the entry of a final decree without notice. 2. I understand that 1 may lose rights concerning alimony, division of property. Lawyer's fee ar 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 statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalti s of 18-P~A C.S. § 4904, relating to unsworn falsification, to aluthorities. Date f nt ~ ~ ~~ G '~-~ .G t` ~r ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Sharryl Lynn Nace Plaintiff vs. No. 07-3174 Jeffrey Michael Nace • Defendant 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: 1. Ground for divorce: Mutual Consent, plus 90 days under §3301 {c) of the Divorce Code. 2. (a) Date complaint filed: May 25th. 2007 (b) Date and manner of service of the complaint: Certified mail, restricted delivery to and return receipt signed by Defendant. First-class mail -not returned, certified mail refused, 15 days have elapsed. Date of mailing: Date certified mail refused: Personal service by Sheriff and/or Deputy Sheriff Personal service by competent adult other than Sheriff (Affidavit attached) Acceptance of service (Copy attached) :; By publication pursuant to Order of Court (Copy of Order attached). 3. Complete (a) or (b) (a) Date of execution of the affi avit of consent required by § 3301(c) of the Divorce Code by Plaintiff/Defendant: (b) Date of execution of the a ~d vit of consent required by § 3301(d) of the Divorce Code by Plaintiff/Defendant: 1V 4. Related claims pending: (a) A written property settlement agreement resolving afl economic and property issues between these parties was executed on N/A (b) X A property settlement agreement was not written or executed as there are no economic or property issues raised by either party. 5. (a) Date and manner of Record, a copy of which is att~che~ of the Notice of Intention to file Praecipe to Transmit r (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: ~ `'1 Date Defendant's Waiver of Notice was filed with Prothonotary: _ ~ Verification I verify that the statements made in this statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalti s of 18 PA C.S. § 4904, relating to uns rn falsifica ' n t autho ~ i ~~ ~1 ~ ~ Date aintiff ~, ~ .•~ .-~. _y~° ~ ~ ~. ~ ~~' SHARRYL LYNN NACE, Plaintiff v. JEFFREY MICHAEL NACE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-3174 CIVIL TERM ORDER OF COURT AND NOW, this 25`~ day of September, 2007, upon consideration of the praecipe to transmit record filed in the above-captioned case, and it appearing that the affidavits of consent filed by the parties do not contain the verification required under Pennsylvania Rule of Civil Procedure 1970.72(b), a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiencies and file a new praecipe to transmit. v6harryl Lynn Nace 243 N. Enola Road Enola, PA 17025 Plaintiff, pro Se ~ffrey Michael Nace 177 Ashford Drive Enola, PA 17025 Defendant, pro Se :rc J. BY THE COURT, ~`'`~, ,r 1"~ .1~~ ~~~~'~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Sharryl Lynn Nace Plaintiff Jeffrey Michael Nace Defendant FAMILY DIVISION vs. No. 07-3174 DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed and served on May 31 } 2007 (date). 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. 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 divon~ is granted. I verity that the statements made in this statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalfies of 18 PA C.S. § 4904, relating to unswom falsfication to authorities. Date a nt ~' ~ t~ ~- ~ -~.,.~ ~ %:E E. t17 •'~~~ ; ti' ~'T''i "~ ~"~'~ ~`t ~ w '~2Q 7 "~ + w 1., ~ : . __~ C.~,. ~. . , ~ ~-. ~ Ct"1 .~. C..J .~'"` C: 3 `"'~ IN THE COURT OF COMMON PLEAS OF ~UMBER4.AND COUNTY. PENNSYLVANIA Sharryl Lynn Nace Plaintiff Jeffrey Michael Nace Defendant FAMILY DIVISION vs. No. 07-3174 DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301 {c) of the Divorce Code was filed and served on MaY31, 2007 (date). 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 1 verify that the statements made in this statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA C.S. § 4904, relating to unswom falsification to authorities. b~ C.Q~ Date ~ Plaintiff ~. `~' .~'' ---! .. i' J ~^ i' "'~~ t .. V , `"~ "t ~~~ rte- ~ ~:~~ ~ i ~ ~,.( ,_~ ,{ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA FAMILY DIVISION Sharryl Lynn Nate Plaintiff Jeffrey Michael Nate Defendant vs. No. 07-3174 DIVORCE To the Prothonotary: decree: PRAEClPE TO TRANSM{T RECORD Transmit the record, together with the following information, to the court for entry of a divorce 1. Ground for divorce: Mutual Consent, plus 90 days under§3301 (c) of the Divorce Code. 2. (a) Date complaint filed: May 25.2007 (b) Date and manner of service of the complaint: Certified mail, restricted delivery to and return nscaeipt signed by Defendant. First-class mail -not returned, certified mail refused, 15 days have elapsed. Date of mailing: Date certified mail refused: Personal service by Sheriff and/or Deputy Sheriff 31, ~ 7 K Personal service by competent adult other than Sfieriff (.So r~; ;997) Acceptance of service (Copy attached) By publication pursuant to Order of Court (Copy of Order attached). 3. Complete (a) or (b) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code by plaintiff: September 26, 2007 Date of filing and service of the affidavit of consent required by § 3301(c) of the Divorce Code by Plaintiff: N/A Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code by Defendant: September 26, 2007 Date of filing and service of the affidavit of consent required by § 3301(c) of the Divorce Code by Defendant: N/A {b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: N/A Date of filing and service of affidavit required by § 3301(d) of the Divorce Code upon the respondent: N/A 4. Related claims pending: (a) A written property settlement agreement resolving all economic and property issues between these parties was executed on (b) X A property settlement agreement was not written or executed as there are no economic or property issues raised by either party. 5. (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: N/A (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: September 26.2007 Date Defendant's Waiver of Notice was filed with Prothonotary: September 26.2007 Verification I verify that the statements made in this statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA C.S. § 490x4, reiatin to unswom falsification to orities L/ Date laintiff ~ ~ ° CJ ~ -~ -.., --~ :-=~ rn ~ ~ ~ T ! '{' J' } ~ T k+.. ^•? ~ ~ `i y~ £~:E .. ~ s"~~' .. ~ /°F1 ~ ~ ~, ~~ ~T.4.•!, x • ~ I N THE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. .~ `, R=;~ O~. r' ~' ~ h'Yt ~ C~. t' ~ .1~ \C~t.~ r ~ ; ~ -~ VERSUS ~~e~~t rc~ ~'1~c1`ckc ~ ~ ac e J ~P~ ~ ~~~. e~ ~~ ~.~ No. v`~ - 317 DECREE IN DIVORCE AND NOW, (~}C~d~~ ~ , ~~ IT IS ORD RED AND DECREED THAT fir ~ \ ~ Ihh ~ ~ ~- PLAIN IFF, AND ~~ I(~ ~ G~Q ~ ~ ~ Q"~-~' DEFEN ANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS W ICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDE HAS NOT YET BEEN ENTERED; BY THE COU6tT: ATTEST: J. PROTHONOTARY ~$~ L p~ ~r - o/ ~©, f- o~ ,* i ~, s