The URL can be used to link to this page

Home My WebLink About04-2482DAPHNE J. SHERMAN, Plaintiff ROBBIN D. SHERMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2004- ~t],O~,.~ CWIL TERM : 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 ofdivome 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 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 grounds 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSELING FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD, 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 NUMBER- 717-249-3166 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. DAPHNE J. SHERMAN, Plaintiff ROBBIN D. SHERMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2004- a~.q/~,~,~s, C1VIL TERM . : CIVIL ACTION- LAW : IN DIVORCE COMPLAINT UNDER SECTIONS 3301 {c) AND 3301 (d) OF THE DIVORCE CODE 1, Plaintiffis Daphne J. Sherman, an adult individual who currently resides at RR#2, Box 926A, Landisburg, Perry County, Pennsylvania 17040. 2. Defendant is Robbin D. Sherman, an adult individual who currently resides at 55 West Louther Street, Carlisle, Pennsylvania, Cumberland County, Pennsylvania 17013. 3. PlalntilTand Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Defendant is a resident of Cumberland County, Pennsylvania. 5. The Plaintiff and Defendant were married on October 21, 1992 in Ovid, New York. COUNT I- DIVORCE UNDER SECTIONS 3301 (c) AND 3301 (d) 6. Plaintiffherebyincorporatesbyreferenceparagraphs 1 through 5 above. 7. There have been no prior actions of divorce or annulment between the parties as to their current marriage. 8. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 9. Plaintiff avers that the marriage between the parties is irretrievably broken. 10. Plaintiffavers that the parties have been living separate and apart since February 1, 2003. 11. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiffrespectfully requests this Honorable Court to enter a decree in divorce. Respectfully Submitted, DATE: Attorney for Plaintiff Supreme Court I.D. # 90810 340 First Street Boiling Springs, PA 17007 (717)-226-1514 VERFICATION I verify that the statements made in the foregoing Complaint for Divorce and Custody 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. Daphnk J. S~an DATED: DAPHNE J. SHERMAN, Plaintiff ROBBIN D. SHERMAN, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2004- CIVIL TERM : : CIVIL ACT/ON- LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Derek R. Clepper, Esquire, Attorney for Plaintiff, Daphne A. Sherman, hereby certify that I have served a tree and correct copy of this COMPLAINT FOR DIVORCE UNDER SECTIONS 3301 (c) and 3301 (d) OF THE DIVORCE CODE upon the Defendant, Robbin D. Sherman, by depositing the same in the U.S. Mail, First Class, Postage Prepaid, Restricted Delivery, Remm Receipt Requested, to the following address: Mr. Robbin D. Sherman 55 West Louther Street Carlisle, PA 17013 DATED: e~re~k~R. Cl~er, Esq~re ! ~'d.~ . 340 First Street Boiling Springs, PA 17007 (717)-226-1514 Supreme Court I.D. 90810 Attorney for Plaintiff DAPHNE J. SHERMAN, Plaintiff ROBBIN D. SHERMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2004- 2482 CIVIL TERM CIVIL ACTION.- LAW IN DIVORCE PROOF OF SERVICE I, Derek R. Clepper, Esquire, Attorney for Plaintiff, Daphne A. Sherman, hereby certify that I have served a tree and correct copy of this COMPLAINT FOR DIVORCE UNDER SECTIONS 3301 (c) and 3301 (d) OF THE DIVORCE CODE. upon the Defendant, Robbin D. Sherman, by depositing the same in the U.S. Mail, First Class, Postage Prepaid, Restricted Delivery, Return Receipt Requested, and that service was complete on June 8, 2004, verified by the signed return receipt attached below. DATED: '~~epper, E~quire 340 First Street Boiling Springs, PA 17007 (717)-226-1514 Supreme Court I.D. 90810 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAPHNE J. SHEi~vlAN : Plaintiff : Vs : File No. : Rf)BBIN D. S~ : Defendant : ._ 21304-2482 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/~in the above matter, [select one by marking "x"] x prior to the entry of a Final Decree in Divorce, or __ after the entry of a Final Decree in Divorce dated , hereby elects to resume the pr/or surname of .q~4~evO , and gives this written notice avowing his / her intention pursua~ the provis,~/o~f 54 P.S. 7'0~. Date: 2. Sg._u'l~K ~00~ ~Q~'~--~r~ ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF ') · ~g~, ure/o~nne being resumed ) On the ~_"~ay of ,~ ,200__~, before me, the Prothonotary or the notary public, personally appeared the above affiant 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. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Prothono , or Notary Public NOTARIAL SEAL Patricla J. Homer, Notary Public Carlisle B~?ro., Cumberland County My commLsion expires June 26, 2008 DAPHNE J. SHERMAN, Plaintiff V. ROBBIN D. SHERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2004- 2482 CWIL TERM CIVIL ACTION- LAW IN DIVORCE PLAINTIFF'S AFFADAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE A complaint in divorce under §3301 (c) and 3301 (d) of the Divorce Code was filed on June 2, 2004. 2. The marriage of the Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint. 3. I consent to the entry of a Final Decree in Divorce without notice. 4. 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. 5. 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 if filed with the Prothonotary. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not :request that the court require counseling. 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 4904 relating to unsworn falsification to anthor/ties. Pa. C.S. Section Date:~ DAPHNE J. SHERMAN, Plaintiff ROBBIN D. SHERMAN, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2004- 2482 CIVIL TERM CIVIL ACTION- LAW : 1N DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE I. A Complaint in divorce under section 3301 (c) of the Divorce Code was filed on June 2, 2004. 2. The Defendant acknowledges receipt and accepted service of the Complaint on June 8, 2004. 3. The mmriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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 at~er it is filed with the Prothonotary. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalXies of !8 PA. C.S. Section 4904 relating to unsworn falsification to authorities. Date: /obbin D: S_~,S~an DAPHNE J. SHERMAN, Plaintiff ROBBIN D. SHERMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2004- 2482 CIVIL TERM : : CIVIL ACTION- LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Derek R. Clepper, Esquire, Attorney for the Plaintiff in the above captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the Proof of Service, a copy of which attached hereto, filed with the Prothonotary on June 11, 2004. R. Clepper, Esquire 340 First Street Boiling Springs, PA 17007 (717)-226-1514 Supreme Court I.D. 90810 Attorney for Plaintiff DAPHNE J. SHERMAN, Plaintiff ROBB1N D. SHERMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2004- 2482 CIVIL TERM : : CIVIL ACTION- LAW : IN DIVORCE PROOF OF SERVICE I, Derek R. Clepper, Esquire, Attorney for Plaintiff, Daphne A. Sherman, hereby certify that I have served a true and correct copy of this COMPLAINT FOR DIVORCE UNDER SECTIONS 3301 (c) and 3301 (d) OF THE DIVORCE CODE upon the Defendant, Robbin D. Sherman, by depositing the same in the U.S. Mail, First Class, Postage Prepaid, Restricted Delivery, Return Receipt Requested, and that service was complete on June 8, 2004, verified by the signed remm receipt attached below. DATED: 340 First Street Boiling Springs, PA 17007 (717)-226-1514 Supreme Court I.D. 90810 Attorney for Plaintiff O. Isde~n,,erja~dmssdlffem~ffomlteml? r'"t Yes ff YES, enter delivery ~ below: ~1 No ~Certlfl~d Mai[ r'l Exl:~,'e~ M~I [] ~ ~ ~m ~ f~ ~dl~ ~ ~ ~1 ~ C.O.D, 4. ~ ~ ~ ~) ~y. 7003 0500 0004 2325 3923 PS Form 3811, Feb~ary 2004 DAPHNE J. SHERMAN, Plaintiff ROBB1N D. SHERMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2004- 2482 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: Service upon the Defendant via certified mail, restricted delivery on June 8, 2004. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section of the divorce code: by plaintiff September 2, 2004 ; by the defendant September 30, 2004 (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 NONE 4. Related claims pending 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit the record, a copy of which is attached: (b) Date plaintiff's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: Sentember 2, 2004 Date defendant's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotray:__October 6. 2004 J Derek R. Clepper, EsquirO' Attorney for Plaintiff, Daphne J. Sherman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DAPHNE J. SHE~4AN, Plaintiff NO. 2004- 2482 VERSUS R~BIN D. SHE~4AN, Defendant DECREE IN DIVORCE DECREED THAT DAi:)~INE J. S}{E1%~I3~N AND R~BIN D. SHE~4AN IT IS ORDERED AND ,PLAINTIFF, ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; NCt4~ ATTEST: PROTHONOTARY