Loading...
HomeMy WebLinkAbout10-08297- 20 10 FEB -2 1 C": 51 ROBIN R. MEARS, tL) ?; ,- IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW C-ci /- KIMBERLY A. MEARS, also known as ) KIMBERLY A. STAUFFER, ) IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 in 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 Telephone: (717) 249-3166 ?' 3sa.vD 39.SC?-t ????-I 39 ? S'C? e.K4 " a3 ?Oaf) ROBIN R. NEARS, Plaintiff VS. KIMBERLY A. MEARS, also known as KIMBERLY A. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. ROBIN R. MEARS, Plaintiff VS. KIMBERLY A. MEARS, also known as KIMBERLY A. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. /d - IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, ROBIN R. MEARS, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is ROBIN R. MEARS, an adult individual who currently resides at 103 Ewe Road in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is KIMBERLY A. MEARS, also known as KIMBERLY A. STAUFFER, an adult individual who currently resides at 2512 Fairway Drive in York, York County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 26 April 2005 in York, York County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. '?-QM-Q e L. An es Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ROBIN R. MEARS ,ti~ ~,~ ~c n~~~;, A`;'~~hRY 2010 FEB 22 ~_ ~ I 1 ~ ~~ ROBIN R. MEARS, Ci,''r~_ 3; ~;~. PLAINTIFF ~ ~~:..~,,':'~'d,,{ _,~~, vs. ) KIMBERLY A. MEARS, also known as ) KIMBERLY A. STAUFFER, ) DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2010-829 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, KIMBERLY A. STAUFFER, hereby accept service of the original Complaint in Divorce and acknowledge receipt of a copy of the Complaint. o /~~ ~a KIMBERLY A. STAUFF ROBIN R. MEARS ) Plaintiff ) ) Vs. KIMBERLY A. MEARS, also known as ) KIMBERLY A. STAUFFER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-829 IN DIVORCE C'a to ` : ? i ? 1? Wit: ? r 7 C PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel on behalf of Kimberly A. Mears, also known as Kimberly A. Stauffer, Defendant, with respect to this matter. Dated: -? ?v. i'V-tinristopper ivi es, q. MENGES, MCL GHLIN KALASNIK, PC Atty. I.D. 231166 145 East Market treet York, PA 17401 (717) 843-8046 (717) 854-4362 Email: C'glensz,"u:vourlatititirmfc?r[ite.com 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBIN R. MEARS ) Plaintiff ) CIVIL ACTION - LAW Vs. ) NO. 10-829 KIMBERLY A. MEARS, also known as ) KIMBERLY A. STAUFFER, ) IN DIVORCE Defendant ) CERTIFICATE OF SERVICE I, Diane K. Dowdell, Paralegal to N. Christopher Menges, Esquire, do hereby certify that a true and correct copy of Praecipe to Enter Appearance was served upon the Plaintiff, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Samuel L. Andes Attorney for Plaintiff 525 North 12th Street Lemoyne, PA 17043 . Dated: V-0/ Diane K. Dowde11, Paralegal to N. Christopher Menges, Esquire Sup. Ct. I.D. No. 23166 145 East Market Street York, PA 17401 (717) 843-8046 ROBIN R. MEARS, Plaintiff vs. KIMBERLY A. MEARS, also known as KIMBERLY A. STAUFFER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAVA NO. 10-829 IN DIVORCE PRAECIPE Please withdraw the Plaintiff's request for equitable distribution, filed in his original divorce complaint. 26 October 2010 S L. An s Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 ~~C.E~-O~-~iG ~t~10 ~~~1~ -~ ~"~r`r~ I~~ ?~~ f~.1F-1BE~;iw~~~~7 ~t ~~~ ~ ~ `' _ j' y ROBIN R. MEARS, Plaintiff ) vs. ) KIMBERLY A. MEARS, also known as ) KIMBERLY A. STAUFFER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-829 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2 February 2010 and served upon the Defendant on or about 8 February 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl 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 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. Section 4904 relating to unsworn falsification to authorities. L_ ~ D.2~.IZ~ ~.~ Dated: R BIN R. MEARS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBIN R. MEARS ) Plaintiff ) CIVIL ACTION -LAW Vs. ) NO. 10-829 ;-, ~ ,;_, ~,~ ~ _~{ KIMBERLY A. MEARS, also known as ) ~ ~~~ ~ ~, KIMBERLY A. STAUFFER, ) IN DIVORCE f~ ~' --~~,, Defendant ) --4; ~ .~- u `~ M „'~ ,.,,. ~ f ~~ a ~.- ~,~ m .. . .,..~ AFFIDAVIT OF CONSENT UNDER 23 Pa. R.C.P. 3301(c) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on '~' ~ ~. 2. The marriage of Plaintiff and 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 of a final decree of Divorce after service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. I affirm that I am not in the military service of the United States of America, and that my spouse is also not in the military service of the United States of America. 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.A. §4904 relating to unsworn falsifications to authorities. Date: ~~'~ ~~ Kimberly .Mears also known as Kimberl A. Stauffer, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _ ROBIN R. MEARS ) , , ;-.3 `= :='~ Plaintiff ) CIVIL ACTION - LAW ~ ~ -, -~. Vs. ) ~ ~~~~ ~ ~ ~ ..~~-- NO. 10-829 ~ - °' "~ ,~ ~ -~~ ~; KIMBERLY A. MEARS, also known as ) `~~~= ~ ~::~~ ~~ KIMBERLY A. STAUFFER, ) IN DIVORCE -~ ~ ~ ~'- , Defendant ) .~~ ~ , , ---~ :~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to 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. 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn.~alsifications to authorities. Date: ~~ /~ Jw Kimberly A ears also known as Kimberly A. Stauffer, Defendant ROBIN R. MEARS, V S. KIMBERLY A. MEARS, also known as KIMBERLY A. STAUFFER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO.2010-829 CNIL TERM .., PRAECIPE TO TRANSMIT RECORD °:~ ~ ~. To the Prothonotary: `~ ,~- _~„ Transmit the record, together with the following information, to the court for entry of a~'l~;rce decree: ~= ~~ M~ .. 1. Ground for divorce: ~~~~ t ,~ Irretrievable breakdown under § (3301(c)) and § (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: Acceptance of Service filed on 22 February 2010, indicating service on the Defendant on 8 February 2010. 3. Complete either pazagraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff 28 October 2010 ; by defendant 20 October 2010 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: 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 record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: 28 October 2010 Date defendant's Waiver of Notice was filed with the Prothonotary: 20 October 2010 ttorney or ainti fendant ,;~ ~~~~ ~~ ~~ -;,-~ ~~ ri ;~ ra ROBIN R. MEARS, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLY A. MEARS, also known as KIMBERLY A. STAUFFER, ; No. 2010-829 DIVORCE DECREE G .1-- 3: AND NOW, it is ordered and decreed that ROBIN R. MEARS, , plaintiff, and KIMBERLY A. MEARS, also known as KIMBERLY A. STAUFFER, 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 Attest: J. Prothonotary Andes )OOticee mo- CRe...d is Iq . r' ^ ? ri-siop Phe' 1 /tinge( ?3GY