Loading...
HomeMy WebLinkAbout01-0187BARBARA A. SHOMPER, Plaintiff VS. DONNIE N. SHOMPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION - LAW 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 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 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, One Courthouse Square, 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BARBARA A. SHOMPER, Plaimiff VS. DONNIE N. SHOMPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien set emitida en su contra pot cualquier otra queja o compensacion reclamados por el demandant. Usted puede perrier dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotry, en la Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BARBARA A. SHOMPER, Plaintiff VS. DONNIE N. SHOMPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. o/- CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE AND NOW, this ' ay o ~..-, 2001, comes the Plaintiff, Barbara A. Shomper, by her ~grney, Jane M. Alexandeh,~Esquire, and files this Complaint upon a cause of action of which the following is a statement. 1. Plaintiff is Barbara A. Shomper, 40 years of age, who currently resides at 243 Marlette Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, 17050. 2. Defendant is Donnie N. Shomper, 36 years of age, who currently resides at 243 Marlette Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have both resided in the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of the Complaint in Divorce. 4. The Plaintiff and Defendant were married on November 16, 1988 in Harrisburg, Pennsylvania by a District Justice. 5. There were no children born between the parties. 6. There were no prior actions in divorce or annulment commenced by the parties. 7. The parties have not entered into a written agreement as to alimony, counsel fees, cost and property division. 8. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of Plaintiff, the innocent and injured spouse, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has offered such indignities to the person of the Plaintiff as to render her condition intolerable and life burdensome. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT H 10. The allegations of Paragraph one (1) through nine (9) are incorporated herein by reference and made a part hereof. 11. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT III 12. The allegations of Paragraph one (1) through nine (9) and Paragraphs ten (10) and eleven (11) are incorporated herein by reference and made a part hereof. 13. Plaimiff and Defendant have acquired property, both real and personal during their marriage. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property of whatsoever kind and wheresoever situate and for such further relief as the Court may deem equitable and just. Respectfully Submitted, / Jplle M. Alexander, Esqu~ pttorney for ~e Plaintiff /I.D. No. 07355 ~/148 S. Baltimore Street Dillsburg, PA 17019 (717) 4324514 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. Section 4904 relating to unsworn falsification to authorities. COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK Barbara A. Sho~-per / S.S Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Barbara A. Shomper who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. aba a A. Shomper Sworn to and subscribed before me this t//J~( day of Notarial Seal Halvard E. Alexander, No_ta~y P~Jbll~ Dillsburg Boro, york COl~lty My Commission Expires April 23, 2001 0 0 0 V S. !~)ONNIE N. ~3HOMPER~ De£@ndant : iN '~?IiE COURT OF Ct~ION PLEA:] :. OF dgMBERLAND COUNTY, i'ENNA. NO. 0]--187 CIVIL "j~.lLIv] IN DIVORCE AJi'FI[DA¥iT Ol~ CONSENT ~. A Complaint in Divorce under Section~'~201 '~',=~ of ~he Divorce Code was ~iled on ~;~muarv 10, 2()01~. 2. The marriage of Plaintiff and Defendant is irretrievably broken and nznety (90) days have elapsed frcm da::e z,'~ filing and service of uhe Comp!ain,z. 2. ~ consent to the entry of a tinal decree of !ivcrce ~fter service cf ne, nice of intention tc request end_rS-~= ~he decree. I verify that the statements made in this Affidavi5 are true and correct. I understand that false statements herein are made subject ~o uhe penalties of 18 Pa. C.S. ~4904 relating nc unsworn [alsification to authorities. Donnie N. Shomper 0 BARB~i~ Ak SHOMPER, ~'lainti~f i,DNNIE l~k '~}e!endant IN THF. COURT OF CO}f~ON PLEAS {)[? CUPLSERLAND COUNtrY, PENNA. NO. 0!--~ ~/'/ CIVIL TERiq (~'I~iL ACTION ~- LAW YN DIVORCE AFFIDAVIT OF CONSENT .~. .~ Ccmplaint in Divorce under Section 3~01 Divorce Code was filed on ,~anuar¥ [0, 2001, ._. The marriage of Plaintiff and Defendant is the irretrievably oroken anC ninety (90) days have elapsed from date of filing and service of the Complaint. ~. I consent to ~he entry of a final decree of divorce after service of notice of intention tc request entr'y of the iecree. I verify that the statements made in this Affidavit are true and correct, i unders~ana tha~ false statements herein are made subject Eo the penalties of 18 Pa. C.S. $4904 relating to unsworn falsification to aushor~ties. DATE: BARBARA A. SHOMIPER, Flaintif~ DONNIE N. SHOMPER, l)efendant IN TIlE COORT OF CO~IO~I PLEA:g OF CUMBERLAND COUNgD~, PENNA, NO. 01~..k87 CIVIL TEI~i ~iiVIL ACTIOH -- LAW : IN DXVORCE ;4AJ_VER ,J,l,' NOTICE OF INTENTION '.PO ]~EQUEST PfNTRY OF A DI]VORCE DECREE lfNDER CODE ~;i~30] {c) OF TIlE DIVORCE CODE 1. I consent to the entry of a final decree c~ dLvorce without notice. 2. I understane that ! may lose rights cencernlng alimcn5% division of property, them before a divorce 3. I understand lawyer's fees cr expenses if I dc not ~azm is granted. that I will not be divorced until a divorce decree is entered by Eke 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 affidavi%, true a~d correct. I understand that false made subject to the penalties of t6 Pa.C.S. unsworn falsificatiun to authorities. are statemeRts ~4904 re!aring tc Date:----- /"~ I '~ ~ ,,~ ,,; ,, ,~ Sarbara A. Shomper IIII BARBKSPt A. ~3HO~IPER~ : IN THE COURT OF CO~k~ON PLEAS : f~]? :;g~BERL2~ID COUNTY,, PENNA, ]YONNIE N. SHOMPF3~. : CIVIL ACTION -- hAW WAIVER OF NOTICE OF INTENTION TO Y~QUEST ENTRY OF A DIVORCE DECREE UNDgR CODE ~3301 (c) OF '['lie I)IVORCE CODE ' I consent to the entr~ of a final decree of ii'~orce without notice~ 2. I understand that I may lose rights concerning ai!monv, division of proper~y, them before a divcrce 3. I understand lawyer's fees er expenses if I ~o not claim is Gransed. that I ',~il! ncr be divorced untili a divorce decree is entered by the Ceurt and that a copy of tine diccree will be sent to me i~nediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit, are true a~d correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating no unsworn falsification to authorities. Date: bonnie N. Shomp~r BARBARA A. SHOMPE~, PLAINTIFF ~/S. DONNIE N. SHOMPEI~, DEFENDAN'i' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 01-187 CIVIL CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVI~E ANDNOW, this//~/~ayc~.~-~6~L_-z~/2001personally ~a~e~r~n~n~' c~d~yE~r~I~elN Dlars~ a~i~st~a~ to be served by certified mail with return receipt requested upon the said, Donnie N. Shomper 243 Marlette Drive Mechanicsburg, PA 17050 on January 19, 2001 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. ~ [ Attorney I~. #07~55 I 148 ~ Bal%imore'Street ~ Dillsburg, PA 17019 ~j(717) 432-4514 Sworn and subscribed before me t~s /~ day of Notarial Seal Halyard E. Alexar~der, Notary Public ~i~abur9 ~ro, York Cour~ty My Cornmiss*on Expires April 23, 2001 Member, Pennsylvania Association of Notaries BARbArA A. SHOMPER, .PLAINTIFF VS. DONNIE N. SHOMPF~R, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 01-187 CIVIL TEI~4 CIVIL ACTION - LAW IN DIVORCE SENDER: following services (for an extra fee): 1. [] Addressee's Address 2. ~ Restricted Delivery Consult postmaster for fee. o 3. Article Addressed to: 4a. Article Number -- /'~,-. t t t ..' ,~ , .__ 4b. Service ype '~'~,.~1 kJ~-~----'~, ,~ ~. ~ %- Mail ~ln~red ~ipt for ~er~i~ ~ CGD ~ 5I R~iv~ By: gfint Name) ~ .. ~ / 8'A~ressee's Address (Only if request~ ~~ and f~ is paid) ~ 6. Signature:(A~re~eeorAgenO ~ PS Form 3811, December 19~4 102595-98-B-0229 ~iC Return Receipt BARBARA A. SHOMPER, VS. DONNIE N. SHOMPER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 01~187 CIVIL TERM CIVIL ACTION - LAW 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. Ground for divorce: irretrievable breakdown under Section (3301(c)) of the Divorce Code. 2. Date and manner of service of the complaint: was sent certified mail, restricted delivered to the Defendant 1/I 1/01 and wan delivered to the Defendant 1/13/01. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent require by Section 3301(c) of the Divorce Code: by Plaintiff April 20, 2001; by defendant April 20, 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 service of the plaintiff's affidavit upon the defendant; N/A. 4. Related claims pending: ~11 claims are settled and satisfied by verbal agreement between the parties. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d)(1)(i) of the Divorce Code: N/A. 6. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301¢) of the Divorce Code N/A, or, date of execution of Waiver of Notice of Intent: by Plaintiff: April 20, 2001; by defendant: April 20, 2001 and date of filing of Waiver Plaintiff: April 2_6,_2110~, Defendant: April 26, 2001. (d ne M. Ale'xafi r, Attorn/gr for Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. BARBARA A. SHOMPER, PLAINTIFF VERSUS DONNIE N. SHOMPER, DEFENDANT No. 01-187 Civil Term DECREE IN DIVORCE AND NOW, BA~R ARA~ DECREED THAT A. SHOMPER , IT IS ORDERED AND , PLAINTIFF, AND DONNIE N. SHOMPER , DEFENDANT, ARE DIVORCED FROM THE SONDS Of MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE SEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY~.e,~ ¢~o irt: