Loading...
HomeMy WebLinkAbout04-1251F/User Folder~Viml Docs/Gendocs2004/3483-1div complaint wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELVIN J. STACKPOLE, Plaintiff V. NINA M. STACKPOLE, Defendant CiVIL ACTION- LAW NO. 2004- 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Peunsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELVIN J. STACKPOLE, JR., Plaintiff N1NA M. STACKPOLE, Defendant CIVIL ACTION - LAW NO. 2004- /~2 6'~1 ~-5,~ '1 t ,ca../ta4 IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this ~,.t4'~-day of March, 2004, comes Plaintiff, Melvin J. Stackpole, Jr., by and through his attorneys, Hanft & Knight, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Melvin J. Stackpole, Jr., an adult individual, who resides at 152 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Nina M. Stackpole, an adult individual, whose last known address was 390 Falling Springs Road, Elliottsburgh, Pennsylvania 17024. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediatelypreceding the filing of this Complaint in Divorce. 4. The parties were married on June 24, 2001, in Harborville, Pennsylvania. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(c) of the Divorce Code of 1980, as amended. 6. Alternatively, Plaintiffavers that the Defendant has offered such indignities to him, the injured and itmocent spouse, as to render his condition intolerable and his life burdensome. The foregoing facts are averred and brought under Section 3301(a)(6) of the Divorce Code of 1980, as amended. 7. may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, The Plaintiffhas been advised of the availability of counseling, and that the Plaintiff Respectfully submitted, HANFT & KNIGHT, P.C. Attorney ID No. 57976 Sean M. Shultz, Esquire Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorneys for Plaintiff divorcing the Plaintiff from the Defendant. VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, infom~ation and belief. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Melvin g Stackpole, Jt'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELViN J. STACKPOLE, Plaintiff NINA M. STACKPOLE, Defendant CIViL ACTION - LAW NO. 2004- 1251 iN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ~-"/~"day of May, 2004, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on April 14, 2004, but actual service took place on April 21, 2004, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Nina M. Stackpole 152 South Enola Drive Enola, Pennsylvania 17025 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully :~ubmitted, HANFT & ~NIGHT, P.C. /-) ~ M. Shultz, E~qui~ ( ,/ Attorney ID No. 90946 ~ 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 F:/User Folder/F[na Doc$/Goldocs2004L3483-1cer ser wpd Attorneys for Plaintiff · Complete Items 1, 2, and 3. Also complet~ Item4 f Rsstrcted Delivery ls deS red. ,':,- ~ 7]~ J,/ /, ~ r-lAgent · Print your name and address on the mw~rse X ~'~L/_-~. ~lr=~c~-~ rlAddress~ sothat we can return the card to you. e. Re~[;/e~'by(Pl~ntedName') lC, Date of Dellve · Attach this ~ard to the back of the maiipiece, or on the front If space permits ."~ 1. A,'tide Addressed to ~2. *N'ticle NuI ...... ~-~n sier f~ 7DD~ /sddrsssl~iow: ~L~:E3 ho ~' 1010 0001 IVERY P~6~B811JAb~h~J2001 ', i, Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELVIN J. STACKPOLE, Plaintiff N1NA M. STACKPOLE, Defendant CIVIL ACTION - LAW NO. 2004- 1251 IN DIVORCE CERTIFICATE OF SERVICE_ AND NOW, this ~q~'~'day of May, 2004, I, Scan M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on April 14, 2004, but actual service took place on April 21, 2004, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Nina M. Stackpole 152 South Enola Drive Enola, Pennsylvania 17025 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, HANFT & KNIGHT, P.C. ~ eg~'aan M. Shultz, L~squT~u/ Attorney ID No. 90946 ~/ 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 F:/Uagr Folder/Firm Docs\Oendocs2004~4S~_lcer set wpd Attorneys for Plaintiff · Complete Items I 2 and 3. Also comp Item 4 f Res~cted D~ very Is des red. · 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 mallpiece, or on the front if space p~rmits~ t' ~ [] Addm~ ~0~ ~:~o)~ ~ ~,~-,,' DELIVERY 7003 1010 [3001 1199 9484 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELVIN J. STACKPOLE, Plaintiff CIVIL ACTION - LAW v. NO. 2004 - 1251 NINA M. STACKPOLE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT STATE OF FLORIDA COUNTY OF O(~n~ ) : SS. ) 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 24, 2004. 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 have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. 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: j)~J'>O~d1, 2004 ~ I/n- A.~ Nina M. Stackpole Swo!Jl to and subscribed before me this Zq dayof ~o4V\k ,2004. ~(?~ Notary PUblicO . .f) ~h~r r't ~ N~'-W\ Fc\User l'older\Firm Qocs\Gendocs2004\J48J-laffconserlt_wpd ~a\. SIIefTyP_ . ~ . MyCommllllonDDI81181 "V>.. .:/ ExpiIoa _ 02. 2007 ..DD 1<61.53<6 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELVIN J. STACKPOLE, Plaintiff CNIL ACTION - LAW v. NO. 2004 - 1251 NINA M. STACKPOLE, Defendant IN DNORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330HC) 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 herein'are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: I) J~J05 ~ ~ Jt;v~ Nina M. Stackpole F:\User Folderl.Fhm DocsIGendacsZOO4\3483-1waiv<<.no\ice wpd Ci -'\\ ,"",) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN1"SYL VANIA MELVIN J. STACKPOLE, Plaintiff CIVIL ACTION - LAW v. NO. 2004 - 1251 NINAM. STACKPOLE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT STATE OF PENNSYLVANIA ) : SS. ) COUNTY OF CUMBERLAND 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 24, 2004. 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 ofthe Decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. 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 I 8 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date: )/Z1- ,2005 I/H;/l / .4 ~ ~ackPo~ 'bed before me this ,2005. ~ ....1 Notarial Seal ; Dolly M. Housel, Nd';,lJV Publlc So~~::~';!r~~~;~'~~~~:;~.l Merncer, Penilti'iNdni,:" ;\.s,;';.;',~:;,~-J:-' 01 i,:();;:~~s:'_; I (0 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELVIN J. STACKPOLE, Plaintiff CIVIL ACTION - LAW v. NO, 2004 - 1251 NINA M. STACKPOLE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(C) OF' THE DIVORCE CODE I, 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 ifI 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 lmd correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, 94904 relating to unsworn falsification to authorities, Date: ) )z::}l oS ~~~~-/-- "'., ~,:.:) ,.'C.) C./) -q P'i DJ , l'...' -':",1 o -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENJ\fSYL VANIA MELVIN J. STACKPOLE, Plaintiff v. CIVIL ACTION - LAW NO. 2004-1251 NINA M. STACKPOLE, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: I. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: served on Defendant by U.S. certified, restricted delivery, return receipt requested mail on April 21, 2004. 3. Date of execution of the Plaintiff's Affidavit of Consent required by Section 3301 (c) of the Divorce Code; January 27,2005; by the Defendant; December 29, 2004. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: February 2, 2005. Date Defendant's Waiver of Notice in 9330] (c) Divorce was filed with the Prothonotary: February 2, 2005. 5 ASSOC Date: January 31,2005 Sean M. Shultz, Esquue Attorney J.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 F'\Vser FolderIFirm DocslGendocs2005\3433-] praecipe wpd Attorneys for Plaintiff ,.-,,) -n C"'"\ c;:i , r0 - <::) ._1 - . . . . :+;;t.;:+::f.:+: if. Of. . :f.:f. :Ii if. .. IN THE COURT OF COMMON PLEAS . . . OF CUMBERLAND COUNTY . PENNA. . . . . STATE OF . . MELVIN J. STACKPOLE, . . . . . . No. 2004-1251 Plaintiff VERSUS . . . NINA M. STACKPOLE, . Defendant . . . . . . . . . . . . DECREE IN DIVORCE J ).'11") I'" . r~r 2005 , IT IS ORDERED AND . . AND NOW, . . . Melvin J. Stackpole DECREED THAT , PLAINTIFF, . . . AND Nina M. Stackpole , 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 F'OR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . . . . . rJ),.}~ . . . . . . , , i ~ '. '~ ,~ . , . , , " " - , ~ . . . By . . . . . ATTEST(l~_ r . . . . . . "'"..,,;..... '... ~--/,..- :..1".+.............: , .. n'",.. of' ~'\..~' ......."'.~ o.oo.o.o.o.o.~~~o~'oo.o.oooo ;+; ;t';t;;!i --- PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fr'P' #?J '7- rr';JPMf ,,;/::?IL~ ,')0 ~lP ~ t''fI,n,,' ~) r~))~)' . ,. . , . .~,A : II'C 1/ '