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HomeMy WebLinkAbout04-1102IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA Cumberland County Tammy R. Sharpe, Vo John W. Sharpe, II, : Civil Action - Law Plaintiff : : 2oo4 - IlO,L, : : Defendant : In Divorce a v.m. 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 First Floor, Franklin County Court House, 157 Lincoln Way East, Chambersburg, 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. Pennsylvania Ear Association Lawyer Referral Service Telephone: 1-800-692-7375 (PA ONLY) or 717-238-6715 IN THE COURT OF COPIMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA Cumberland County Tammy R. Sharpe, : Civil Action - Law Plaintiff : : : 2004 ~ : Defendant : In Divorce a v.m. COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE NOW comes the Plaintiff and for cause of action against the Defendant says: I. Plaintiff is Tammy R. Sharpe, who currently resides in Southampton Township, Cumberland County, Pennsylvania with a mailing address of 162 Rustic Drive, Shippensburg, Pennsylvania 17257, since September 2002. 2. Defendant is John W. Sharpe, Il, who currently resides in Borough of Shippensburg, Cumberland County, Pennsylvania with a mailing address of 103 North Penn Street, Apt. 2, Shippensburg, Pennsylvania 17257, since March 2001. 3. Plaintiff and defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were married on February 14, 1998, at $hippensburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment of marriage between the parties in this or in any other jurisdiction. John W. Sharpe, II, The marriage is irretrievably broken and the parties have lived separate and apart for a period of at least two years. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. I hereby verify that the facts set forth in the foregoing instrument are true and correct to the best of my knowledge, information and belief, and that I make this verification subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to Authority, as authorized by the Judicial Code and Pennsylvania Rules of Civil Procedure. IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA Cumberland County Tammy R. Sharpe, Vo John W. Sharpe, II, Plaintiff Defendant Civil Action - Law : : : F.R. 2004 - 1102 : : : In Divorce a v.m. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA : : SS COUNTY OF FRANKLIN : Barbara B. Townsend, Esquire, being duly sworn according to law, deposes and says that she sent a true and correct copy of the Complaint in Divorce and Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code to John W. Sharpe, II, at his last known address of 103 North Penn Street, Apt. 2, Shippensburg, Pennsylvania 17257, by certified mail, restricted delivery, addressee only, No. 7099 3400 0017 6228 1256, receipt attached hereto, postage prepaid on March 17, 2004, from the United States Post Office at Chambersburg, Pennsylvania. Notary Public /B~rbara B. Towr~nd ~., ._r~'~NOTARIAL SEAL ] I ~.e.N.~EE O. BRENEMAN, NOTARY PUBLIC L MY COMMISSION EXPIRES JUNE 9, 2007 I IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA Cumberland County Tammy R. Sharpe, Civil Action - Law Plaintiff v. : F.R. 2004 - II 02 : John W. Sharpe, II, : Defendant : In Divorce a v.m. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA : : SS COUNTY OF FRANKLIN : Barbara B. Townsend, Esquire, being duly sworn according to law, deposes and says that she served a copy of the Notice of Intention to Request Entry of Divorce Decree upon the Defendant by mailing the same to John W. Sharpe, II, at his last known address of 103 North Penn Street~ Apt. 2, Shippensburg, Pennsylvania 17257, by regular mail on April 13, 2004 from the United States Post Office in Chambersburg, Pennsylvania. / l~arbara B. Towed'end Sworn an~subscribed~o before me . ~ thi~/~.~ day of ~, 200~ "Notary Public l NOTARIAL SEAL I RI:NEE D. BRENEMAN, NOTARY PUBLIC~ CHAMBERSBURG BOROUGH, COUN~ OF FRANKLIN! MY COMMISSION EXPIRES JUNE 9, 2007 ~ IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA Cumberland County Tammy R. Sharpe, : Civil Action - Law Plaintiff : : v. : F.R. 2004 ~ 1102 : John W. Sharpe, II, : Defendant : In Divorce a v.m. NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE To: 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 May 3, 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 an 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 LAVVYER AT ONCE. IF YOU DO NOT HAVE A LAVVYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service Telephone: 1-800-692-7375 (PA ONLY) or 717-238-6715 IN THE COURT OF COMPlON PLEAS OF THE 9TN JUDICIAL DISTRICT OF PENNSYLVANIA Cumberland County Tammy R. Sharpe, : Civil Action - Law Plaintiff : : v. : F.R. 2004 - 1102 : John W. Sharpe, Il, : Defendant : In Divorce a v.m. DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 2. Check either (a) or (b): la) 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. (ii) The marriage is not irretrievably broken. I. 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. I verifi/that the statements made in this counter-affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ss4904 relating to unsworn falsification to authorities. Date: 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 need not file this counter-affidavit, IN THE COURT OF COMNON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA Cumberland County Tammy R. Sharpe, John W. Sharpe, II, : Civil Action ~ Law Plaintiff : : : F.R. 2004 - 1102 : : Defendant : In Divorce a v.m. PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit to record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Divorce was mailed to the defendant on I*larch 17, 2004, by certified mail, restricted delivery. Defendant accepted service of the complaint on March 18, 2004. 3. (I) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: March 12, 2004; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Plaintiff's affidavit was filed on March I $, 2004, and served to the defendant by certified mail, restricted delivery on March 18, 2004. 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Notice of Intention mailed to the defendant by regular mail on April 13, 2004. Attorney for Plaintiff IN The COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF ~ PENNA. TAMMY ~. SHARPE NO. 2004 1102 VERSUS JOHN W. SHARPE. II~ AND NOW, DECREED THAT AND DECREE iN DIVORCE ',~-~, IT IS ORDERED AND TAMMY R. SHARi~E , PLAiNtiFF, JOHN W. SHARPE, II , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHiCh HAVE BEEN RAISED OF RECORD IN THJS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; NONE THe,COURT: (~~ PROTHONOTARY' ARE DIVORCED I--ROM THE BONDS OF MATRIMONY.