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Home My WebLink About01-1435 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Laura E. Sheely PLAINTIFF Joseph J. Knapik DEFENDANT } } IN DIVORCE } CIVIL TERM COMPLAINT 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 Courthouse, 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 Lawyer Referral Service 2 Liberty Avenue, Carlisle, PA 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Laura E. Sheely } PLAINTIFF } NO. 0/-/~/-~.~ } v. } } IN DIVORCE Joseph J. Knapik } DEFENDANT } CIVIL TERM COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE WITH A COUNT FOR EQUITABLE DISTRIBUTION AND NOW, comes the Plaintiff, Laura Sheely, by and through her attorneys, THE LAW OFFICES OF RICHAKD C. GAFFNEY, who files this complaint under Section 3301(c) and Section 3301(d) of the Divorce Code and who, in support thereof, respectfully represents that: The Plaintiffis Laura Sheely, who presently resides at 265 Skyline View, Carlisle, PA 17013 since February 1997. The Defendant is Joseph Knapik, who presently resides at 265 Skyline View, Carlisle, PA 17013 since February 1997. Plaintiff and Defendant are sui [uris and both have been bona fide residents of the Commonwealth for a period of more than six months immediately preceding the filing of this complaint. The Plaintiff and Defendant were married April 29, 1989 in Carlisle, Pennsylvania. The parties to this action separated on December 29, 2000 and have continued to live separate and apart since then. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. The Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. Neither the Plaintiff nor the Defendant is in the military or naval service or in any branch of the armed forces of the United States of America or its allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. Count I: Divorce Under Section 3301(c) or 3301(d) of the Divorce Code 10. Plaintiff hereby incorporates the averments of paragraphs I through 9 heminabove as though they were fully set forth herein. 11. Plaintiff respectfully requests this Honorable Court to enter a Decree in Divome pursuant to section 3301(c) of the Divome Code. 12. In the alternative, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to section 3301(d) of the Divorce Code. 13. 14. 15. Count II: Equitable Distribution of the Marital Estate Plaintiff hereby incorporates the averments of paragraphs 1 through 12 hereinabove as though they were fully set forth herein. Plaintiff and Defendant accumulated marital assets and marital debt during the term of their marriage. Plaintiff respectfully prays this Honorable Court to Order the equitable distribution of the marital estate. WHEREFORE, Plaintiff prays this Honorable court for a Decree in Divorce, an Order for Equitable Distribution of the marital estate, and such other legal and equitable relief as this Court deems appropriate. Respectfully submitted, Supreme Court I.D. No. 84366 THE LAW OFFICES OF RICH^RD C. GAFFNEY Suite 101 2120 Market Street Camp Hill, PA 17011 Telephone: 717.975.9033 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Laura E. Sheely } PLAINTIFF } NO. } v. } } Joseph J. Knapik } DEFENDANT } IN DIVORCE VERIFICATION I verify that the statements made in the foregoing complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Araz Section 4904, relating to unswom falsification to authorities. Laura E. Sheely, Plaintiff(-] ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Laura E. Sheely } PLAINTIFF } NO. } v. } } IN DIVORCE Joseph J. Knapik } DEFENDANT } CIVIL TERM CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I served a copy of the foregoing Complaint in Divorce on the Defendant via Certified Mail, Restricted Delivery, Return Receipt Requested, and via First Class United States Mail, postage prepaid, at the following address: Joseph J. Knapik 265 Skyline View Carlisle, PA 17013 DATED: 5' 13. OI SIGNED: LAURA E. SHEELY, Plaintiff JOSEPH J. KNAPIK, Defendant 1N THE; COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1435 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint filed in the above action on behalf of Defendant Joseph J. Knapik and certify that I am authorized to do so. Date: ,,/~a, vc~ 2 q ~ z-~o i Carol Lin-~ia~, E~quir~- ' } Saidis, Shufl~ Flc]wer & Lin4say' 26 West High"43ffeet t Carlisle, PA 17013 Attorneys fi~r Defendant P.e. LAW OFFICES SNELBAKER. BRENNEMAN LAW OFFICES SNELBAKER. BRENNEMAN & SPARE LAURA E. SHEELY, Plaintiff JOSEPH J. KNAPIK, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-1435 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301 (C) OF TIlE DIVORCE CODE I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 16, 2001. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from 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 to request entry of the decree. 4. 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. § 4904, relating to unsworn falsification to authorities. Date: March 11,2002 (Plaintiff) LAURA E. SHEELY, Plaintiff JOSEPH J. KNAPIK, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1435 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S 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 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. 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. 4. 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. ~ 4904 relating to unsworn falsification to authorities. Date: March 11, 2002 Laura E. Sheel~"' (Plaintiff) SAIDIS SHLIFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA LAURA E. SHEELY, JOSEPH J. KNAPIK, Plaintiff VS. Divorce : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 01~.1435 ClVlLTERM .' : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c), of the Divorce Code was filed on August 16, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Jos~5'h J: Kna~, Defendant Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Slreet Carlisle, PA .LAURA E. SHEELY, VS. JOSEPH J. KNAPIK, Plaintiff Divorce : IN THE! COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION. LAW : NO. 01-1435 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RE(~UES'I ENTRY OF A DIVORCE DECREE UNDER S3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divome without notice. 2. I understand that I may lose right.,; 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 to the best of my knowledge, information and belief. I understand that false' statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. /--'J'osi.l:~fJ. Kna~, Defendant Date;: LAURA E. SHEELY, Plaintiff JOSEPH J. KNAPIK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1435 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdowrt under Section3301(c)oftheDivorce Code. 2. Date and manner of service of Complaint: by service on attorney for Defendant on March 29, 2001 (see Acceptance of Service filed concmTently herewith). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: March 11, 2002; by the Defendant: March 8, 2002. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: March 11, 2002; by the Defendant: March 8, 2002. 5. Related pending claims: None. SNELBAKER, BRENNEMAN & SPARE, p. C. SNELBAKER, BRENNEMAN SPARE Date: March 26, 2002 By:_ (~A~Plaintiff LAURA E. SHEELY, VS. JOSEPH J. KNAPiK, Plaintiff Divorce : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 01-1435 ClVlL TERM : : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Joseph J. Knapik, in the above captioned case. SAIDIS, SHUFF, FLOWER & LiNDSAY, P.C. Attorneys for Plaintiff By: "C~o} U. Lindsay, Esq~0im IEg~4693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY AT~ORN~'Y~AT'LAW 26 W. High Street Carlisle, PA LAW OFFICES SNELBAKER. BRENNEMAN & SPAre LAURA E. SHEELY, VS. JOSEPH J. KNAPIK, Plaintiff, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-].435 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY/WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Philip H. Spare, Esquire, and Snelbaker, Brenneman & Spare, P.C., as attorneys for Plaintiff Laura E. Sheely and withdraw the appearance of Richard C. Gaffney, Esquire, as counsel of record in the above referenced divorce action. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By: ~Spar~, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Laura E. Sheely Date: July z_g ,2001 2120 Market Street (Suite 101) Camp Hill, PA 17011 LAW OFFICES SNEIBAKER. BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that on the below date, the foregoing Praecipe was served upon the persons and in 'Ihe manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Richard C. Gaffney, Esquire Law Offices of Richard C. Gaffney 2120 Market Street (Suite 101) Camp Hill, PA 170I 1 and Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17011 Date: August/~ , 2001 Philip ~I. SparbT', Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys tbr Plaintiff, Laura E. Sheely 1N THE COURT OF COMIVlON PLEAS OFCUMBERLAND COUNTY STATE Of PENNA. LAURA E. SHEELY. Plaintiff VERSUS Defendant NO. 2¢}1}1 -1435 ~TVTT. DECREE IN DIVORCE 2002 , IT IS ORDERed AND DECREED THAT LAURA E. SHEELY , PLAINTIFF, AND JOSEPH J. KNAPIK , 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; None. The Post-Nuptial Aqreement dated February 28. 2002 is not merged in~ ~his hereby incorporated but BY HE C : ATTEST: Decree. PROTHONOTARY