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Home My WebLink About09-0294SMICEL, ANDERSON & SACKS,_ LLP .John W. Frommer, Esquire I.D.#: 41266 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 jiron ner!u-sasllp corn Attorney for Plaintiff MARK SHEELY, PLAINTIFF V. MICHELLE K. SHEELY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. Oq - a9q 1,1161 Tenti 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 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 Courthouse, Carlisle, Pennsylvania, 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing of business before the Court. SMIGEL, ANDERSON & SACKS, LLP John W. Frommer, Esquire I.D.#: 41266 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 ljrornrner?d?sasflp corn Attorney for Plaintiff MARK SHEELY, PLAINTIFF V. MICHELLE K. SHEELY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. U 9 y CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Mark Sheely, by and through his attorneys, SMIGEL, ANDERSON & SACKS, LLP, and represents as follows: COUNTI DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE Plaintiff is Mark Sheely, who currently resides at 26 Patton Road, Mechanicsburg, PA 17055 and has resided there since on or about May, 2007. Defendant is Michelle Kathy Sheely, who currently resides at 320 Old York Road, Carlisle, PA 17013 and has resided there since on or about May, 2007. 2. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 3. The Plaintiff and Defendant were married on April 8, 1997, in Frederick, Maryland. 4. There have been no prior actions of divorce or for annulment between the parties. 5. The marriage is irretrievably broken. 6. 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. 7. Plaintiff avers that there are children of the parties under the age of 18, namely: a. Jessica Sheely, born January 12, 1999; b. Jenna Sheely, born August 13, 2003; and c. Jaymee Sheely, born September 7, 2004. WHEREFORE, Plaintiff respectfully requests that this Honorable Court to enter a decree of divorce. Respectfully Submitted, SMIGEL, ANDERSON & SACKS, LLP Date: 00 l By: I John ro , Esquire, I.D. #41266 4431 JN?Fkbnt Street, 3`d Fir. Harrisbu , PA 17110-1778 (717) 234-2401 Attorney for Plaintiff 2 VERIFICATION I verify that the statements made in the foregoing document 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: 6) /0 G /o f - Mark Sheely (t? r fTl A? , (? xl 5b 00 ?a? SMIGEL, ANDERSON & SACKS, LLP John W. Frommer, Esquire I.D.#: 41266 4431 North Front Street, 3d Fir. Harrisburg, PA 17110-1778 (717) 234-2401 jfrommera? asllQ.com Attorney for Plaintiff MARK SHEELY, PLAINTIFF V. MICHELLE K. SHEELY, DEFENDANT . .i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09 - 294 CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, Michelle Sheely, Defendant in the above-captioned matter, do hereby accept service of the Complaint Under Section 3301(c) or 3301(d) of the Divorce Code. Date: C?_ -/)-vq Michelle K. Sheely 1125 HaJrr' Pike, Apt. 2 Carlisle, PA 170173 - al) ? 4y?- 'J" ri F SMIGEL, ANDERSON Sir SACKS, LLP John W. Frommer, Esquire I.I.#: 41266 4431 North Front Street, 3'd Fir. Harrisburg, PA 17110-1778 (717) 234-2401 'frommerAsasilp.com Attorney for Plaintiff MARK SHEELY, PLAINTIFF V. MICHELLE K. SHEELY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09-294 CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on January 22, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of tiling 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 11-.+ - ;.r +n F.l":-. ic....:-?:d '-- s.Iti?. :j ?.Gt t co is t.he .. pl-atcl tic?? `; s ` ai 11 11 v ``7 1?u... 11". S. '. 1) 0-4 re ttaa lt'rig 1. s _. 1:..i...? i2e...r.. , ??-n t.:yr a) .nS:o rii falsification to authorities. Date: ? O 1 41"ilo .-k/ r?" Michelle K. Sheely, Defendant 4 { _ .?, ? .. .,- . _ a_ , A SMIGEL, ANDERSON & SACKS, LLP John W. Frommer, Esquire I.D.#: 41266 4431 North Front Street, P Fly. Harrisburg, PA 17110-1778 (717) 234-2401 jfrommer n sasllpxom Attorney for Plaintiff MARK SHEELY, PLAINTIFF V. MICHELLE K. SHEELY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09-294 CIVIL, ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER $3301(c) AND 43301(d) 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 Fn lnr_-?? .,pn in ?...:. b,' ? Fn fit.. _ `[ P7 ?' E' n+: /1 (:Il^ ...-?;it3 . C47 rr,. r.. s1-Wriients 1-terei«t ?. are.r,-...c su??cc? 'v er.,..?.. . - ,e. L.o?. ., , .... nb :o n .....r.,. falsification to authorities. Date: 5 -12.--09- Michelle K. Sheely, Defendan 3 SMIGEL, ANDERSON & SACKS, LLP John W. Frommer, Esquire I.D.#: 41266 4431 North Front street, 3`d Fir. Harrisburg, PA 17110-1778 (717) 234-2401 ifrommer dsasllp.com Attorney for Plaintiff MARK SHEELY, PLAINTIFF V. MICHELLE K. SHEELY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09-294 CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on January 22, 2009. a 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 herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Mark S eAy, Plaintiff rr ? -rC;. „?. ` r 1 ._ t r ? ? , 3 't y_ U l SMIGEL, ANDERSON & SACKS, LLP John W. Frommer, Esquire I.D.#: 41266 4431 North Front Street, P Fir. Harrisburg, PA 17110-1778 (717) 234-2401 ifrommerAsasllp.corn Attorney for Plaintiff MARK SHEELY, PLAINTIFF V. MICHELLE K. SHEELY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09-294 CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301 c AND 43301(d) 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. Section 4904 relating to unsworn falsification to authorities. Date: ^?? ' U J Mark Sheely, Plaintiff SMIGEL, ANDERSON & SACKS, LLP John W. Frommer, Esquire I.D.#: 41266 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 ifrommerCa..sasllp. com Attorney for Plaintiff MARK SHEELY, PLAINTIFF V. MICHELLE K. SHEELY, 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: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. A. , 2. Date and manner of service of the Complaint: The Complaint was served via U.S. 1St class mail on February 12, 2009. A copy of the Acceptance of Service is attached hereto. 3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff on May 22, 2009; and by Defendant on May 18, 2009. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: Not applicable. (2) Date of filing and service of the Affidavit upon the Respondent: Not applicable. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09-294 4. Related claims pending: None. 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: Not applicable. (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Simultaneously with the filing of this praecipe. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Simultaneously with the filing of this praecipe. Date: SMIGEL, ANDERSON & SACKS, LLP By: Jo Fr m r, Esquire, I.D. 441266 44 Nort ront Street, 3`d Flr. arrisburg, PA 17110-1778 (717) 234-2401 Attorney for Plaintiff • • SMIGEL, ANDERSON & SACKS, LLP John W. Frommer, Esquire I.D.#: 41266 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 j frommer(a)sasl lp. com Attorney for Plaintiff MARK SHEELY, PLAINTIFF V. 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09 - 294 MICHELLE K. SHEELY, r" DEFENDANT CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, Michelle Sheely, Defendant in the above-captioned matter, do hereby accept seryice 6'the C .A -< Complaint Under Section 3301(c) or 3301(d) of the Divorce Code. C?Lj? Date: . " ..`? ' j . Michelle K. Sheely 1125 HarriAxwq Pike, Apt. 2 Carlisle, PA 1701 -1laz"i m ??:rly .. . .'_' . ,,' J ? _... f 4 . IN THE COURT OF COMMON PLEAS OF MARK SHEELY CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE K. SHEELY NO. 09-294 DIVORCE DECREE AND NOW, 11 1 t a it is ordered and decreed that MARK SHEELY plaintiff, and MICHELLE K. SHEELY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By Attest: 1 J. o9 4&