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HomeMy WebLinkAbout01-0043IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICKI E. SHAFER, : Plaintiff ".. No. JOHN R. SHAFER, : IN DIVORCE Defendant : Civil Term NOTICE TO DEFEND AND CLAIM RIGHTS YOUHA VE BEENSUED 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 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, I Courthouse Square, Carlisle, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar trna apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra suya. Se has avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion do demanda. USTED PUEDE PERDER DINERO O PROPIENDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue 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 or business before the Court. You must attend the scheduled Conference or Hearing. Cumberhmd County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICKI E. SHAFER, Plaintiff JOHN R. SHAFER, Defendant IN DIVORCE COUNT I COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW comes VICKI E. SHAFER by and Maryann Murphy, Esquire, of Mid-Penn respectfully avers as follows: through her attorney, Legal Services, and Street, 2. Street, 3. Plaintiff is VICKI E. SHAFER who resides at 317 Juniper Carlisle, Cumberland County, Pennsylvania. Defendant is JOHN R. SHAFER who resides at 269 South Pitt Carlisle, Cumberland County, Pennsylvania. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 2, 1994 in Fairfax County, Virginia. 5. There have been no prior actions for divorce or for annulment between the parties. 6. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 9. Plaintiff requests this Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II COMPLAINT UNDER SECTION 3301(a)(6) OF THE DIVORCE CODE 10. Plaintiff hereby incorporates by reference all of the averments contained in Count I of this Complaint. 11. Plaintiff avers that she is the innocent and injured spouse, and that the Defendant has offered such indignities to the Plaintiff so as to render her condition intolerable and life burdensome. 12. This action is not collusive. COUNT III CLAIM FOR EQUITABLE DISTRIEUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF TEE DIVORCE CODE 13. Plaintiff hereby incorporates by reference all of the averments contained in Counts I and II of this Complaint. 14. Plaintiff and Defendant are the owners of real property, motor vehicles, stock, pension and retirement benefits and other personal property acquired during the marriage which is subject to equitable distribution by this Court. 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this 16. parties' Complaint. Plaintiff requests this Court to equitably distribute the marital property. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE UNDER SECTION 3702 OF THE DIVORCE CODE 17. Plaintiff hereby incorporates by reference all of the averments contained in Counts I, II, and III of this Complaint. 18. Plaintiff does not have sufficient funds to support herself during the pendency of this action. 19. Defendant does have sufficient funds to support Plaintiff during the pendency of this action. 20. Plaintiff requests this Court to grant pendente lite during the pendency of this action. her alimony COUNT V CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 21. Plaintiff hereby incorporates by reference all of the averments contained in Counts I, II, III and IV of this Complaint. 22. Plaintiff does not have a sufficient source of income or earning capacity at the present time to maintain the standard of living enjoyed by the parties during their marriage. 23. Defendant does have a sufficient source of earning capacity to aid Plaintiff in maintaining the living enjoyed by the parties during their marriage. income and standard of parties during their marriage. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; 24. Plaintiff requests this Court to grant her alimony to enable her to maintain the standard of living enjoyed by the do directing the Defendant to pay alimony pendente lite to Plaintiff during the pendency of this divorce action; granting alimony to Plaintiff; and for such further relief as the Court may determine to be equitable and just. Respectfully submitted, MID-PENN LEGAL SERVICE~ 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D.#61900 Attorney for Plaintiff AFFIDAVIT I, VICKI E. SHAFER, verify that the statements made in this Complaint in Divorce 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:~pt ~~'' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICKI E. SHAFER, : Plaintiff = , No.01-95 JOHN R. SHAFER, = Defendant = IN DIVORCE Civil Term CERTIFICATE OF SERVICE I, MarYann Murphy, Esquire, do hereby certify that on the __ day of , 2000, a true and correct copy of the Complaint in Divorce was served upon the Defendant by placing a copy of same in the United States Mail, first class, postage prepaid, certified/restricted delivery, addressed as follows: John R. Shafer 269 South Pitt Street Carlisle, PA 17013 Respectfully submitted: MID-PENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D.#61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICKI E. SHAFER, : Plaintiff : :NO. V. : IN DIVORCE JOHN R. SHAFER, : Defendant : Civil Term PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, VICKI E. SHAFER, Plaintiff, to proceed in forma pauperis. I, Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Mid-Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICKI E. SHAFER, : Plaintiff : :NO. V. : : IN DIVORCE JOHN R. SHAFER, : Defendant Civil Term AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am VICKI E. SRAIER, Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Address: (b) Social Security Number: If you are presently employed, state Employer: Address: Bethlehem, PA Salary or wages per month: Type of work: teaching VICKI E. SHAFER 317 Juniper Street, Carlisle, PA 17013 165-58-1079 Lehigh University $1000.00 If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: N/A N/A N/A N/A (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0~ Interest: Dividends: -0- Pension and annuities: -0- Social Security benefits: q0- Support payments: -O- Disability payments: Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: -O- Other: -0- (d) Other contributions to household support NONE (Wife)(Husband) Name: N/A the parties are separated If your (husband) (wife) is employed, state Employer: N/A Salary or wages per month: N/A Type of work: N/A Contributions from children: (e) Property owned Cash: $10.00 Checking Account: $100.00 Savings Account: $75.00 Certificates of Deposit: -0- Real Estate (including home): unknown Motor vehicle: Make Ceo Metro Cost approx. Stocks; bonds: 43- Other: -0- (f) Debts and obligations Mortgage: N/A Rent: $300.00 Loans: $3.500.00 balance Monthly Expenses: $2,200.00 Year 1995 Amount owed -0- (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A Children, if any: Name: Indigo Age: 3 Name: Genevieve Age: 5 4, I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to tmswom falsification to authorities. Date ~/' ~f VICKI E. SHAFE~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICKI E. SHAFER, : Plaintiff : No. 01-43 Civil Term _. V. ~ : JOHN R. SHAFER, : IN DIVORCE Defendant : AFFIDAVIT OF SERVICE I, Maryann Murphy, Esquire, depose and say: 1. That I am an adult individual residing in Cumberland County, Pennsylvania. 2. That on January 4, 2001 at approximately 9:30 a.m. I personally served upon the Defendant, John R. Shafer, a tree and correct copy of the Complaint in Divorce at the Cumberland County Domestic Relations Office, Carlisle, Pennsylvania. MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICKI E. SHAFER, : Plaintiff : : No. 2001-43 JOHN R. SHAFER, : IN DIVORCE Defendant : Civil Term 3,2001. 2. AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January The marriage of Plaintiffand Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 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 tree and correct. I understand that false statemems herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date W/mess 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V1CKI E. SHAFER, : Plaintiff : : No, 2001-43 V. _. JOHN R. SHAFER, : IN DIVORCE Defendant : Civil Term WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry ora final decree ofdivome 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. 1 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 Witness IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICKI E. SHAFER, : Plaintiff : : No. 2001-43 V. '. : JOHN R. SHAFER, : IN DIVORCE Defendant : Civil Term 3,2001. 2. AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January The marriage of Plaintiffand 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 ora 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. Section 4904 relating to unswom falsification to authorities. Date Witness vicKi E. SI AFER / - 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICKI E. SHAFER, : Plaintiff : : No. 200143 V. : : JOHN R. SHAFER, : IN DIVORCE Defendant : Civil Term WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(e) 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 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. 1 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 unswom falsification to authorities. Date VICKI E. SHAFER t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICKI E. SHAFER, : Plaintiff : : No. 2001-43 V. _. JOHN R. SHAFER, : IN DIVORCE Defendant : Civil Term To the Prothonotary: PRAECIPE TO WITHDRAW COUNTS Please withdraw Count III (Claim for Equitable Distribution), Count IV (Claim for Alimony Pendente Lite), and Count V (Claim for Alimony) in the above action in Divorce. Respectfully submitted: MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VICKI E. SHAFER ) Docket Number Plaintiff ) vs. ) PACSES Case Number JOhN R. SF, AFER ) Defendant ) Other State ID Number 01-43 CIVIL 924102976 /D303A6 ORDER AND NOW, to wit on this IST:~ DAY OF JANUARY, 2001 IT IS HEREBY ORDEI~E~ that the © Complaint for Support or C) Petition to Modify or ~) Other CONFERENCE REQUEST FOR m'~. filed on jANu~.RY 3, 2ool in the above captioned matter is dismissed without prejudice due to: AN ORDER OF SPOUSAL SUPPORT LrNDER DOCKET ~1020 S 2000 AND PACSES CASE ~375102858. (2) The Complaint or Petition may be rei. petitioner. ,n of the plaintiff DRO: PJ shadday xc: pl~ntiff defendant Johrma Kopecky, Esquire Service Type BY THE COURT: F,a%~ird E. G~ido JUDGE Form OE-506 Worker ID 23.005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW Plaintiff vs. Defendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the prior surname of this written notice pursuant to the hereby elects to resume the and gives provisions of 54 P.S. S 704. Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF C[ff4BERLAND : Notary Public, p~lly appedr-~i t~-a~Ove afffd~ known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. seal. Whereof havo h(~'rcunto set my hdnd and offJcia] I O L A gt"~At~gS~:~'~ ,~A R Y P U 8 £1C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VICKI E. SHAFER, : Plaintiff : No. 2001-43 Civil Term ; V. ; JOHN R. SHAFER, : IN DIVORCE Defendant : 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 Section 3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Personally served upon Defendant on January 4, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, At)ril 13, 2001; by Defendant, April 13, 2001. (b)(1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiff's Affidavit upon Defendant: N/A. 4. Related claims pending: There are no outstanding claims. 5. Complete either paragraph (a) or (b). (a) Date and manner of service of the notice of intention to file Pmecipe to Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: April 17, 2001. (c) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: April 17. 2001. Plaintiff's Social Security Number: 165-58-1079 Defendant's Social Security Number: 205-34-8537 MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 IN THE COURT OF COMMON PLEAS VICKI E. SHAFER, Plaintiff OF CUM BERLAND COUNTY STATE OF ~1~. PENNA. NO. 2001-43 Civil Term JOHN R. VERSUS SHAFER, Defendant AND NOW, DECREED THAT AND DECREE IN DIVORCE VICKI E. SHAFER JOHN R. SHAFER 2001 , IT IS ORDERED AND , RLAI NTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD fN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; There are no outstanding claims. ATTEST: PROTHONOTARY