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HomeMy WebLinkAbout09-4310SHANNON GERMER, : IN THE COURT OF COMMON PLEAS F Plaintiff : CUMBERLAND COUNTY, PENNSYLV A V. : Civil Action- Law No. JAN M. GERMER, Defendant IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set fG-th 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 re ested 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 Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU SO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PR PERTY, 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 LAWYERAT 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 HE P. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with e Americans with Disabilities Act of 1990. For information about accessible facilities and reaso le accommodations available to disabled individuals having business before the court, please conta our office. All arrangements must be made at least 72 hours prior to any hearing or business before he court. You must attend the scheduled conference or hearing. SHANNON GERMER, Plaintiff V. JAN M. GERMER, Defendant IN THE COURT OF COMMON PLEAS 1 CUMBERLAND COUNTY, PENNSYL` Civil Action- Law No. d ? - q,3 A0 eu;J -r, IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Shannon Germer, by and counsel, Michael J. Whare, Esquire and avers as follows: 1. Plaintiff is Shannon Germer, an adult individual, who currently resi Hunter's Valley Road, Liverpool, Perry County, Pennsylvania. 2. Defendant, is Jan M. Germer, an adult individual, who is currently at SCI Camp Hill, Camp Hill, Cumberland County, Pennsylvania 17001. 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. her at 604 4. Plaintiff and Defendant were married on September 6, 2002, in Mt. Jo?, Lancaster County, Pennsylvania and separated on or about April 1, 2006. 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 Plai may have the right to request that the Court require the parties to participate in 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to Decree in Divorce and such other Orders as may be just and appropriate. Date: 6 -o? 6 ,-a Respectfully submitted, Michael I Whare,,Esquire Attorney for Plaintiff 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 (717) 243-3561 a SHANNON GERMER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYL' V. : Civil Action- Law : No. JAN M. GERMER, 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 4904 relating to unworn falsification to authorities. Dateh ,26- 07 Shannon Germer, Plaintiff F il-D- O Fil"E OF THE PPC)` "ri MY 2009 JUN 26 tM l 06 33?- sa F°?- ?-, ; z 7 Z/ 6 SHANNON GERMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law JAN M. GERMER, Defendant No. 09-4310 Civil Term : IN DIVORCE ACCEPTANCE OF SERVICE I, Jan M. Germer (Defendant), accept service of the Complaint in Divorce under Sections 3301 (c) and (d) of the Divorce Code. C1-V -o9 Date Jan . Germer, Defendant In ate # HM0724 SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001 2009 JUL -6 AM 10: 25 CUPdi SHANNON GERMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law JAN M. GERMER, Defendant No. 09-4310 Civil Term IN DIVORCE AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about April 1, 2006 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 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: -.?-a9 ? ? - - --? y ply Shannon termer, Plaintiff ? FILFQ OF THE: IAPY 2009 JUL -b 1M l+J: 25 CUP,?? ?? SHANNON GERMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law JAN M. GERMER, Defendant No. 09-4310 Civil Term 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 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. § 4904, relating to unsworn falsification to authorities. Date: EE; ? I-?- Shannon Germer, Plaintiff OF T 1009 juL 20 AM 11: 32 f N SHANNON GERMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 09-4310 Civil Term JAN M. GERMER, Defendant 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 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. § 4904, relating to unworn falsification to authorities. Date: oc? /I ? < Jan . Germer, De en an Fill-C=ICS OF THE PO f'',-')"NOTARY 2009 JUL 20 AM l I : 31 vUWf:. i'i 1tJ NITY b SHANNON GERMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 09-4310 Civil Term JAN M. GERMER, Defendant IN 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. Grounds for divorce: irretrievable breakdown under § 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Filed on June 26, 2009. Defendant signed an Acceptance of Service dated June 29, 2009 ( a copy is attached hereto as proof of service- Exhibit A). 3. (b) (1) Date of execution of the affidavit required under by §3301(d) of the Divorce Code: July 2, 2009. (2) Date of filing and service of plaintiff's affidavit upon the respondent: Filed July 6, 2009 and served on the respondent on July 8, 2009. 4. Related claims pending: None. 5. (b) Date Plaintiff's Waiver of Notice in § 3301 (d) Divorce was filed with the Prothonotary: July 20, 2009. Date Defendant's Waiver of Notice in § 3301 (d) Divorce was filed with the Prothonotary: July 20, 2009. Respectfully submitted, Date: I-o o - m W-I-Ij Nfichaei J. Whare, squire 37 East Pomfret Street Carlisle, Pa 17013 (717) 243-3561 Supreme Court ID # 89028 Attorney for Plaintiff SHANNON GERMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 09-4310 Civil Term JAN M. GERMER, Defendant cm 0 : IN DIVORCE 2 ?7 t, Fr ? r <._' ACCEPTANCE OF SERVICE I CT1 - ? J , V z I, Jan M. Germer (Defendant), accept service of the Complaint in Divorce unde:-t-"t',! ectj?ns cr, ?c 3301 (c) and (d) of the Divorce Code. (4-V -09 Date Jan . Germer, Defendant innfate # HM0724 SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001 E4 f OP THE 16TAPY 2099 JUL 20 AN 11: 32 CUmabli t x '+ ; Ui liY PEN?`YVli.4 SHANNON GERMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 09-4310 Civil Term JAN M. GERMER, Defendant IN DIVORCE NOTICE TO REQUEST ENTRY OF SECTION 3301(d) DIVORCE DECREE TO: Jan M. Germer, Defendant Inmate # HM0724 SCI Camp Hill P.O. Boa 200 Camp Hill, PA 17001 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 after July 27, 2009, 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 oounter 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 Phone: (717) 249-3166 (800) 990-9108 OF THIE- Pisa;-,,?r!FtY 2009 JUL 29 r 2: 12 P W \ 4:.` ; fit. ' P, N A SHANNON GERMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 09-4310 Civil Term JAN M. GERMER, Defendant IN DIVORCE COUNTER AFFIDAVIT UNDER Section 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 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 !e 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 made herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: 0-1 off < Jan . Germer, Defend nt 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. FIC. ? 2 0 0 9 J U L 29 F 2: .14' Cts?ri i- SHANNON GERMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law JAN M. GERMER, Defendant No. 09-4310 Civil Term IN DIVORCE CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Plaintiff, do hereby certify that I this day mailed a copy of the within Plaintiff s Affidavit under Section 33010, Notice to Request Entry of Section 33010 Divorce Decree and Counter-Affidavit upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jan M. Germer Inmate # HM0724 SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001 Dated: 7-6 " I Michael J. Whare, E uire Attorney for Plaintiff iy,lJ OF THE 2009 JU 29 P L= 1 1 IN THE COURT OF COMMON PLEAS OF SHANNON GERMER CUMBERLAND COUNTY, PENNSYLVANIA V. JAN M. GERMER : NO 09-4310 Civil Term DIVORCE DECREE AND NOW, T.14 3c, Z° o l , it is ordered and decreed that SHANNON GERMER plaintiff, and JAN M. GERMER , 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, t