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HomeMy WebLinkAbout01-0159BRENDA K. SHEARER Plaintiff DANA S. SHEARER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW NO. (5/- 1 CIVIL TERM 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 will proceed without you and a decree of divome or annulment may be entered against you for any 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 at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 BRENDA K. SHEARER Plaintiff DANA S. SHEARER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ol- iN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE NO FAULT Plaintiff is Brenda K. Shearer, an adult individual currently residing in Cumberland County, Pennsylvania, but whose specific address cannot be disclosed at this time pursuant to a Protection From Abuse Order currently in effect against the Defendant. Defendant is Dana S. Shearer, an adult individual whose last know address is 10685 Tim Road, Orrstown, Franklin County, Pennsylvania, but whose current residential and mailing address is confidential and unknown to Plaintiff. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on September 25, 1987, in Franklin County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, Maryl'Of~vI~tas, Esquire Attorney f~r Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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 unswom falsifications to authorities. DATE: BRENDA K. SHEARER, Plaintiff BRENDA K. SHEARER, Plaintiff DANA S. SHEARER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 01-159 CIVIL TERM : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 30~ day of January, 2001, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states certified and true copy of a Complaint in Divorce, was sent to the Defendant, Dana S. Shearer, at 547 South Second Street, Chambersburg, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on January 23, 2001. Date: .J~xtt~-~; 50/7~0ol Marylo~tas, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to befor¢ me this ~ day ,2001 Notarial Seal K~s~ J. Lehman, No~a~ Public i· Complete items 1, 2, and 3. Also complete item 4 if Restricted I~l[~e~ is desired. · Print your name a~t~$s on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permfts. Artic Addressed to: A. Received by (please Prfnt Clearly) C. Signature ,~ [] Agent X ~- - [] Addressee D. Is delivery addres~different from item 1 ? [] Ye~s PS Form 38~ 1, J~ly 1999 Domestic Return Receipt ~02595-0O-M-09S2 BRENDA K. SHEARER, Plaintiff VS. DANA S. SHEARER, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-159 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c.) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses WI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a diivorce decree is entered by the Court and that a copy of the decree will be sent to me imm~xtiately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are ]tme and correct. I understand that false statements herein are made subject to the penaities of 18 Pa.C.S. Section 4904 relating to unswom faisitlcation to anthorifies. BRENDA K. SHEARER BRENDA K. SHEARER, Plaintiff VS. DANA S. SHEARER, Defendant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND C. OUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-159 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was file on January 9, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed fi.om the date of the filing and service of the Complaint. 3. ~ I consent to the entry of a final Decree of Divorce after service of notice of intention ~*o request entry of the decrees. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF Pa.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. BRENDA K. SHEARER, Plaintiff VS. DANA S. SHEARER, I~fendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-159 CIVIL ~fl~RM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (¢) of the Divorce Code was file on January 9, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed f~om tha date of the 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 r~lue~t entry of the decrees. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFID&VIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF Pa.C.S. SECTION 4904 RELATINO TO UNSWOR.N FALSIFICA'FION TO AUTHORITIES. DATE: DANA S. SHEARER BRENDA K. SHEARER, Plaintiff VS. DANA S. SHEARER, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 01-159 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION 'ro REQUEST ENTRY OF A DIVORCE DECREg UNDER SECTION 3301(c.) OF ~ DIVORCE CODE i. I consent to the entry ot'a final decree in divorce 'Mtt~out 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 diw3rce 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. DATE: I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penaltie:s of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. DANA S. SHEARER BRENDA K. SHEARER, Plaintiff DANA S. SHEARER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-159 IN DIVORCE CIVIL TERM .pRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infomaation to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301 (c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Certified mail, restricted delivery on January 23, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: May19,2004 by Defendant: June2,2004 (b) (I) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date °f filing and service of the plaintiff's affidavit upon the respondent: 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: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: May 20, 2004 Date defendant's Waiver of Notice in §3301 (lc) Divorce was filed with the Prothonotary: June 16, 2004 Mary"-I6u'l~atas, Esqtiire GRIFFIE-& ASSOCIATES Attorney for Plaintiff IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF PENNA. P~a±ntiff Defendant NO. PLEAS 01-159 C~vil Term DECREE IN DIVORCE Brenda K. Shearer AND NOW, DECREED THAT AND n..,a_,~_e. Shearcr ARE DIVORCED FROM THE BONDS OF MATRIMONY. , ~l:;;;!~, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; BY THE COURT: ATTE :' PROTHONOTARY