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Home My WebLink About03-5896STEPHANIE C. CHILCOTE, Plaintiff VS. EUGENE R. CHILCOTE, JR., Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * NO. l}LUI « 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 STEPHANIE C. CHILCOTE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA * VS. NO. EUGENE R. CHILCOTE, JR., * CIVIL ACTION - LAW Defendant * IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is STEPHANIE C. CHILCOTE, who currently resides at 484 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is EUGENE R. CHILCOTE, JR., who currently resides at 9542 Circle Drive, Chambersburg, Franklin 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 September 12, 1990 in Hagerstown, Maryland. 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. 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 11. 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. Respectfully submitted: BY: Jenr'fer L. Frechette, Esquire 130 West Church St., Suite 100 Dillsburg, PA 17019 (717) 432.9666 ID #87445 2 ATTORNEY FOR PLAINTIFF Date: ? /b J03 VERIFICATION I, STEPHANIE C. CHILCOTE, 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: 1014 ?/Q 9 isR?? , EPHANIE CHIL TE -4Q 0 C) r' is v yi.+ D't.- -.? Vii: '• Y _, STEPHANIE C. CHILCOTE, Plaintiff Vs. EUGENE R. CHILCOTE, JR., Defendant IN THE COURT OF COMMON PLEAS Cu1NWQLAND COUNTY, PENNSYLVANIA No. V-;- S8 1( C (V (I 1'ri'1lA CIVIL ACTION - LAW IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in August of 1999, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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.. Dated: Z 3 O.? (&11A, ST HANIE C. C CO E Plaintiff ? G o ?. W T Mr - U iD `.74 t:_: r?- =ICS C ` "V =: TI l_ .. y 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE C. CHILCOTE, Plaintiff VS. EUGENE R. CHILCOTE, JR., Defendant No. 03-5896 Civil Term CIVIL ACTION - LAW IN DIVORCE COUNTER AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ? (a) I do not oppose the entry of a divorce decree. ? (b) I oppose the entry of a divorce decree because (check (i), (ii), or both): ? i. The parties to this action have not lived separate and apart for a period of at least two years. ? ii. The marriage is not irretrievably broken. 2. Check either (a) or (b) ? (a) I do not wish to make any claims for economic relief. 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. ? (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 9909 relating to unsworn falsification to authorities. Date: By: _ Eugene R. Chilcote, Jr. Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. ?J ti "'? n T_ 1 f T t ?• - CP tL, ?? ` C, ) ? _? ?^ ; -[' J _. y C - 3C7 rn ? „e > K _o ?r STEPHANIE C. CHILCOTE, Plaintiff VS. EUGENE R. CHILCOTE, JR., Defendant IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA No. 03-5896 Civil Term CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Sherie A. Minich, secretary to Jennifer L. Frechette, Esquire, hereby certify that I am this day servicing a copy of the Divorce Complaint, Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code, and Defendant's Counter-Affidavit under Section 3301(d) of the Divorce Code, in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, certified, return receipt requested, restricted delivery, postage prepaid, as follows: Eugene R. Chilcote, Jr. 9542 Circle Drive Chambersburg, PA 17201 WILEY, LENOX, COLGAN & MARZZACCO, P.C. Date: ?J BY rie A. Minic i C r.?. nil, _r .. rJ _ W ?. STEPHANIE C. CHILOTE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW EUGENE R. CHILCOTE, JR., : No. 03-5896 Civil Term Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Lindsay M. Strathmeyer, being duly swom, deposes and says that she is an adult and that she served the within Complaint on the Defendant, at the Defendant's last known address as follows: 9542 Circle Drive, Chambersburg, PA 17201 by certified mail, restricted delivery, return receipt requested on the 21st of November, 2003. The Certified Mail Receipt and PS Form 38111 are attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. Date: December 16, 2003 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND SS WILEY, LENOX, COLGAN 8 MARZZACCO, P.C. Lir dsay M. Stray meyer On this, the 16th day of December, 2003, before me, a notary public, personally appeared Lindsay M. Strathmeyer known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. NOTARY PUB I My Commission Expires: Nolad,3 Seal 8. Down Gladfeler, ryp pybpp ?DIN=?urg eoro, Yorl? C31rW My canmlas(on Expire M?y_ijr, t100? AAeniper, PBngrnrar? q? Postal m ,J3 s (Domestic ti . .. Postage $ J _ S C3 p CertifiedFea a 3d gURGP4 r p Return Reciept Fee (Endorsement Requiretl) Posfirts??rc Rare Imo- p ur1 M Restricted Delivery Fee (Endorsement Required) 1, V 21 i'OU3 ITI Total Postage 8 Fees $ ? riJ C3 1 To r" 172@1 ¦ 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 mailpiece, or on the front if space permits. 1. Article Addressed to: Eugene R. ChilCOte, Jr 9542 Circle Drive Chambersburg, PA 17201 ICTED I/ERY 2. Article Number (Trivranw ft. service iabe0 PS Form 3811, August 2001 A. SVuft, A r ? Agent 0 Addressee 8 . eceived by (-noted Name C. Date of Delivery D. Is delivery adtlress tliRerent from item 1? ? Yes If YES, enter delivery address below : ? No 3. Serv' Type ertified Mail ? E9,16 Mail 0 Registered 11100tum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 7002 3150 0004 4253 4639 Domestic Return Receipt 10259&02.M-1035 EXHIBIT "A" _ L1 ? -T1 `U l3J rJ ?"? :u n' z cJn? r p 44 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. STEPHANIE C. CHILCOTE ii Plaintiff NO. 03-5896 VERSUS EUGENE R. CHILCOTE.JR Defendant DECREE IN DIVORCE & ? 2; SSP, AND NOW, 2004 , IT IS ORDERED AND 01,4VA DECREED THAT STEPHANIE C. CHILCOTE PLAINTIFF, AND EUGENE R. CHILCOTE JR. 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; PROTHONOTARY No related claims were raised in the Divorce Complaint. -rte f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE C. CHILCOTE, Plaintiff VS. No. 03-5896 Civil Term EUGENE R. CHILCOTE, JR., CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPF TO TRANSMIT RECORD TO THE PROTHONOTARY: 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(d). 2. Date and manner of service of the Complaint: By U.S. Certified Mail Restricted Delivery, Return Receipt Requested. on November 21. 2003 An Affidavit of Service was filed with the Comrt on December 17, 2003. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: ; By Defendant: (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: November 13.2003; (2) Date of filing and service of the Plaintiff s Affidavit upon the Respondent: Served: November 21, 2003: Filed: November 19, 2003. 4. Related claims pending: No claims were raised in the Divorce Complaint. 5. Complete 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: U.S. Mail General Delivery on December 22. 2003. (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: N/A. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: N/A. Date: By: (Je infer .Frechette; Attornev for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE C. CHILCOTE, Plaintiff vs. No. 03-5896 Civil Term EUGENE R. CHILCOTE, JR., CIViI:. ACTION -_ LAW Defendant IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE TO: EUGENE R. CHILCOTE, JR., DEFENDANT You have been sued in an action for divorce. You have failed to answer the Complaint or file a counter-affidavit to the §3301(d) affidavit. Therefore, on or after, January 12, 2004, the other party can request the Court to enter a final decree in divorce. If you do not file with the prothonotary of the court ar, answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. 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. 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 OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REF=ERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (? o [? -, ? r m _ T m 5 r-i N :..e C? :L1 CTi -c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE C. CHILCOTE, PLAINTIFF Vs. File No. 03-5896 Civil Term IN DIVORCE EUGENE R. CHILCOTE, JR., DEFENDANT NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, after the entry of the Final Decree in Divorce, dated March 20, 2004, hereby elects to resume the prior surname of Stephanie Corie Shatzer, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: ? y , 1266 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND) OAZ - // ha 1 " ? , 1g ature Signature of name being sumed On the 3/.s51 day of , 2007, before me, the Prothonotary or the 61 notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. NOTM& SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COMM COURMUSE MY COMMISSION EVIRES JANUARY 4, 2010 Notary Public (v ti W U 1 v _N O rn 21 w .o ...r ? ? YRAU0AI %3r'+?jYl W, w 5I M, ..-.L r