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HomeMy WebLinkAbout09-1123SHAWNTA M. BOYER, : IN THE COURT OF COMMON PLEAS OF Plairniff :CUMBERLAND COUNTY, PENNSYLVANIA v. :Civil Action- Law No. ~~_ ~~~3 c~~ KEITH J. BOYER, Defendant IN DIVORCE Qo~~ 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 annuhnetrt 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 also 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 Offiice of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU SO NOT FII.E A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EKPENSES 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 Phone: (717) 249-3166 (800) 990-9108 RICANS 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 inforniation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangemexrts must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. SHAWNTA M. BOYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :Civil Action- Law :No. 6 ~ - j~a-3 ~F ~~ ~ KEITH J. BOYER, Defendant IN DIVORCE COMPLAINT UNDER SECTIONS 3341(cl or 33Q1(dl OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Shawnta M. Boyer, by and through her counsel, Michael J. Where, Esquire and avers as follows: 1. Plairniff is Shawnta M. Boyer, an adult individual, who currently resides at 45 W. Baltimore Street, Carlisle, Cumberland County, Pennsylvania 17013 . 2. Defendant is Keith J. Boyer, an adult individual, who currently resides 1142 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 29, 1997, in Hagerstown, Maryland and separated on February 22, 2009. 5. There have been no prior actions of divorce or annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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 requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, ~a 3~0 ~ ~, Date: ~ a 'chael J. Whar ,Esquire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff SHAWNTA M. BOYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :Civil Action- Law No. Q` 9 - ~ ~ ~- 3 KEITH J. BOYER, Defendant IN DIVORCE 'VERIFICATION I verify that the statements made in this Complaint 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: ~ ~ 3 g ~~i'9l•~1h ~ /7_~~ Shawnta M. Boyer, Plaint ~ ~°' ~ ~ "`~ `N 1 ~ vy ~..; ~ _ ^ - ~ _ . 4 . : ^~ _ ~ . `r '`~ ~ ~~ .-~( U' SHAWNTA M. BOYER , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action-Law ,T)3 MW : No. 09-1123 Civil ,,r- N KEITH J. BOYER, -<)> ea —+ Defendant ° -0 -n IN DIVORCE �c Z NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(d)DIVORCE DECREE TO: Keith J. Boyer, inmate Cumberland County Prison 1101 Claremont Road Carlisle, PA 17015 You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the section 3301(d) affidavit. Therefore, on or about February 18, 2014,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 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 Telephone:(717)249-3166 SHAWNTA M. BOYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action-Law No. 09-1123 Civil KEITH J. BOYER, Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER§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 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 notice to me, and I shall be unable thereafter to file any economic claims. 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. § 4904 relating to unworn falsification to authorities. Date: Keith J. Boyer, 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. SHAWNTA M. BOYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : Civil Action-Law No. 09-1123 Civil KEITH J. BOYER, =M 7' Defendant r ri : IN DIVORCE C) NOTICE ' -: -i o 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. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on February 22,2009 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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: 5 Shawnta M.Boyer,Plaintiff SHAWNTA M. BOYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law : No. 09-1123 Civil KEITH J. BOYER, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Michael J. Whare, Esquire, being duly sworn according to law, deposes that I served a true and correct copy of the Notice to Request Entry of Section 3301(d) Divorce Decree, Affidavit under 3301(d) of the Divorce Code, a Counter-Affidavit under Section 3301(d) and a Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(d) upon Keith J. Boyer, defendant in the above captioned matter, by personally serving the same on the defendant on January 28, 2014 at the following address: Keith Boyer, inmate Cumberland County Prison 1101 Claremont Road Carlisle, PA 17015 -ak-iY Date Michael J. Whare,tsquire Attorney for Plaintiff - SHAWNTA M. BOYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action-Law :No. 09-1123 Civil KEITH J. BOYER, • Defendant 1N DIVORCE c ° -3 r —r r rozo Z r i rrs "1- M co t COUNTER-AFFIDAVIT UNDER§3301(d) -<A , OF THE DIVORCE CODE s*• 1. Check either(a)or(b): -� Ps) 771 (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. a d c ,'d J Ii ? i MA v''t r (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 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 notice to me, and I shall be unable thereafter to file any economic • .• claims. 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. § 4904 relating to unswom falsification to authorities. Date: \ - Keith J. Boyer,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. L)`)--\S\(\ C i p C\0"\I C C E #(2 i-C C 4 \'‘ 0 1 4*-3 1:).`k ;\ i ‘4. tress:3 ! \\;\ 4 r,z± ?. 51 --Lvg., ?To-0c LAyAs ‘iv \Ntl Ci\C‘It'ive (\1/4) Ct is\A j)1Q (4,44;5wcre.., \AJ- Lw-ifor ci4kksk‘c,/, 9t4 iNAL i', ` Jr\ r • • • SHAWNTA M. BOYER , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action- Law : No. 09-1123 Civil KEITH J. BOYER, rn Defendant : IN DIVORCE 6 7->c) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) 5; OF THE DIVORCE CODE XT:= :JO 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 a that 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 Complaint 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: Shawnta M. Boyer, Pia SHAWNTA M. BOYER , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action- Law : No. 09-1123 Civil KEITH J. BOYER, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE C I, Michael J. Whare, Esquire, attorney for Plaintiff, do hereby certify that I mailed a true and correct copy of the Complaint in Divorce, along with a Notice to Defend and Claim Rights to the following by depositing the same in the United States mail, certified, restricted delivery, postage prepaid, at Carlisle, Pennsylvania on February 24, 2009, addressed as follows: Keith Boyer 1142 Newville Road Carlisle, PA 17013 Defendant personally received said documents on February 25, 2009, as evidenced by his signature on the certified mail return receipt card which is attached hereto and marked as Exhibit Date: 7- P • fil ichael J. Whare squire Attorney for Plaintiff SHAWNTA M. BOYER , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action- Law KEITH J. BOYER, Defendant : No. 09-1123 Civil : IN DIVORCE PROOF OF SERVICE SENDER: COMPLETE THIS SECTION • 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. in Attach this card to the back of the mailpiece, or on the front if space permits. icie Addressed to: ke:11-1-\ &ler 114 /1/4b.wyl\e (kA. C \,s\, D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type Certified Mall 0 Registered 0 Insured Mail 0 Express Mall litRetum Receipt for Merchandise 0 C.O.D. 2. Article Number (Transfer from service label) PS Form 3811, February 2004 4. Restricted Delivery? (Extra Fee) KYes ifi (7;3001 81,i(1 fi;rpoi Domestic Return Receipt 102595-02-M-1540 fc SHAWNTA M. BOYER , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action- Law KEITH J. BOYER, Defendant : No. 09-1123 Civil : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (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 a that 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 Complaint 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: 6- - \y Keith J. Boye De - ndant JUL -8 Al-; CUMBERLAND CO{;' PENNS'YLVANIA SHAWNTA M. BOYER , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action- Law • : No. 09-1123 Civil KEITH J. BOYER, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT THE 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 §3301(J) of the Divorce Code. 2. Date and manner of service of the Complaint: Filed February 24, 2009 and was sent to the defendant by certified mail, endorsed restricted delivery -return receipt requested on February 24, 2009 and signed by the defendant on February 25, 2009. 3. (b)(1) Date of execution of the affidavit required under §3301(d) of the Divorce Code: May 16, 2011. (2) Date of filing and service of plaintiffs affidavit upon the opposing party: Filed on May 18, 2011 and mailed to the defendant on May 18, 2011. Also, defendant was personally served the plaintiffs affidavit on January 28, 2014. 4. Related claims pending: None. 5. (b) Date plaintiffs Waiver of Notice was filed with the prothonotary: February 18, 2014. Date defendant's Waiver of Notice was filed with the prothonotary: July 8, 2014. Date: %'-1`I Respectfully submitted, Michael J. Wh e, Esquire 37 East Pomfret Street Carlisle, PA 17013 (717) 243-3561 Supreme Ct. Id No. 89028 Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA SHAWNTA M. BOYER • • V. • KEITH J. BOYER NO. 09-1123 CIVIL DIVORCE DECREE / AND NOW, /C , it is ordered and decreed that SHAWNT M. BOYER , plaintiff, and KEITH J. BOYER , 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 the Court, Attest: J. - -_ �. 11 IA / u. 61_011 1111144 b v3,0 t "BU►ELL, 'rothonotary fir+ Co mai led -to e (,phare No C°P�i ,prat lai debf Mai led,