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HomeMy WebLinkAbout08-1028DEAN S. SHIELDS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. og -boas C u berm LINDA E. SHIELDS, Defendant CIVIL ACTION -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 AT THE CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013. 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 A DEAN S. SHIELDS, Plaintiff V. LINDA E. SHIELDS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. of_lon CIVIL ACTION -DIVORCE COMPLAINT COUNT I DIVORCE UNDER &3301(c) or $3301(d) OF THE DIVORCE CODE 1. Plaintiff is Dean S. Shields, who currently resides at 9 Fairfield Street, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Linda E. Shields, who currently resides at 45 Tip Top Circle, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 1, 1994 in Mt. Holly Springs, Pennsylvania. 5. The parties are the parents of three (3) minor children: Jonathan S. Shields, born on April 7, 1994; Tiffany L. Shields, born on July 28, 1995; and Zachary M. Shields, born on December 19, 1997. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully Submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. By ?? ;>? Timothy J. an, squire Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 432-9666 Fax: (717) 432-0426 Dated: 2 " 13'08 DEAN S. SHIELDS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. LINDA E. SHIELDS, Defendant CIVIL ACTION -DIVORCE VERIFICATION I, Dean S. Shields, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unworn falsification to authorities. Date: r,; ' 43 ` 0 F? - /? 1- -4 DEAN S. SHIELDS Plaintiff n ? =lF 00 cy C i . L c. y ? n-i 3's O DEAN S. SHIELDS, Plaintiff V. LINDA E. SHIELDS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1028 CIVIL TERM CIVIL ACTION -DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY Please reinstate the attached Complaint in the above captioned matter pursuant to Pa. R.C.P. 1930.4(g). Respectfully Submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. By Timothy J. Col e Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 432-9666 Fax: (717) 432-0426 Dated: 3 L? w _... DEAN S. SHIELDS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08- 1 t)as Cwj l Tarv%4 LINDA E. SHIELDS, Defendant CIVIL ACTION -DIVORCE Cam? ?v NOTICE TO DEFEND AND CLAIM RIGHTS C? o YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS F-T FOR4qI INS FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU F,4-1 TO W S CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY B NTERED A ST t: j YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHFjt GLAIIvR II EF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY -bi6THF.$ RI IMPORTANT TO YOU INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. c' 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, I COURTHOUSE SQUARE, CARLISLE, PA 17013. 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 y/ DEAN S. SHIELDS, Plaintiff V. LINDA E. SHIELDS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -DIVORCE COMPLAINT COUNT I - DIVORCE UNDER §3301(c) or §3301(d) OF THE DIVORCE CODE 1. Plaintiff is Dean S. Shields, who currently resides at 9 Fairfield Street, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Linda E. Shields, who currently resides at 45 Tip Top Circle, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 1, 1994 in Mt. Holly Springs, Pennsylvania. 5. The parties are the parents of three (3) minor children: Jonathan S. Shields, born on April 7, 1994; Tiffany L. Shields, born on July 28, 1995; and Zachary M. Shields, born on December 19, 1997. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. J- / 9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time. Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully Submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. 13 kA? Timothy 3. an, squire Attorney ID 477944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 432-9666 Fax: (717) 432-0426 Dated: 2 - ( 3'08 i - . DEAN S. SHIELDS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. LINDA E. SHIELDS, - Defendant CIVIL ACTION - DIVORCE VERIFICATION I, Dean S. Shields, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unsworn falsification to authorities. Date: --)' DEAN S. SHIELDS Plaintiff r? r ?.. 10 DEAN S. SHIELDS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1028 CIVIL TERM LINDA E. SHIELDS, Defendant CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I accept service of Plaintiffs Complaint in Divorce filed on February 14, 2008 and Reinstated on April 4, 2008 in the above-captioned matter, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Date: /V ?. Linda E. Shields 45 Tip Top Circle Carlisle, PA 17015 c--? ???> <? ;? .??? .? .??? ..-? ;?..:? ?,: , ,. ,., .? r ??y DEAN S. SHIELDS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1028 CIVIL TERM LINDA E. SHIELDS, Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on February 14, 2008 and Reinstated April 4, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ?hl? r Date Dean S. Shields Plaintiff C= C] _n Ffi A T rla A DEAN S. SHIELDS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1028 CIVIL TERM LINDA E. SHIELDS, Defendant : CIVIL ACTION -DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date Dean S. Shields Plaintiff N w CP rn DEAN S. SHIELDS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1028 CIVIL TERM LINDA E. SHIELDS, Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on February 14, 2008 and Reinstated April 4, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. -:r -'?- -d'?- yh?n? F- - ?'?CL- - Date Linda E. Shields Defendant a , U', . e DEAN S. SHIELDS, Plaintiff V. LINDA E. SHIELDS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-1028 CIVIL TERM : CIVIL ACTION -DIVORCE WAIVER OF NOTICE 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. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. -t" o;- _ , S Date Linda E. Shields Defendant C7 0 r cs CO -n tie C'" O 23 .... I& DEAN S. SHIELDS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1028 CIVIL TERM LINDA E. SHIELDS, Defendant CIVIL ACTION -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: Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant Accepted Service of the Reinstated Complaint on April 14, 2008, said Acceptance of Service was filed with this Honorable Court on April 21, 2008. 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: July 16, 2008 ; By Defendant: August 2, 2008. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: There were no related claims raised with this Honorable Court; therefore, there are no related claims Pending before this Honorable Court. . 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: (b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: July 22, 2008; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Being filed simultaneous) with this Praeci a to Transmit the Record. Respectfully submitted, COLGAN MARZZACCO LLC By: Timothy J. s uire Attorney ID # 77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Dated: $ ?-a? t"? ? ? --n C ?, cx+ p ? -? C?? C ,? z ? -tr ?? -c ? ..E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DEAN S. SHIELDS Plaintiff VERSUS LINDA E. SHIELDS, Defendant No. 2008-1028 CIVIL TERM DECREE IN DIVORCE AND NOW, d , -2j?QL, IT IS ORDERED AND DECREED THAT DEAN S. SHIELDS , PLAINTIFF, AND LINDA E. SHIELDS ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; BY THE COURT: ATTE J. PROTHONOTARY