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HomeMy WebLinkAbout01-3100IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH R. SHOEMAKER, Plaintiff LINDA S. SHOEMAKER, Defendant NO. 2001-_~/t~5~ CIVIL 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 of divome 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 fights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, 1 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 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH R. SHOEMAKER, Plaintiff LINDA S. SHOEMAKER, Defendant NO. 2001- .3/~rO CIVIL TERM CIVIL ACTION - LAW IN DiVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Kenneth R. Shoemaker, by and through his counsel, Howett, Kissinger & Conley, P.C., who states the following in support of the within Complaint: 1. Plaintiff is Kenneth R. Shoemaker, an adult individual who currently resides at 13 Wiltshire East Court, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Linda S. Shoemaker, an adult individual who currently resides at 53 West King Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on July 15, 1972 in Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States of its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The parties have lived separate and apart since on Januaxy 24, 2001. 9. Plaintiff requests the court to enter a decree of divorce. COUNT I - DIVORCE PURSUANT TO §3301(c) or (d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by 10. reference thereto. I1. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301 of the Divorce Code. COUNT II - EOUITABLE DISTRIBUTION The prior paragraphs of this Complaint are incorporated herein by 12. reference thereto. 13. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. Date: ..~'/,'~ ~/,~ ! Respectfully submitted, HOWETT, KISS1NGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Kenneth R. Shoemaker VERIFICATION I, Kenneth R. Shoemaker, hereby swear and affirm that the facts contained in the foregoing Cc~plai nt i n Di vorca are tree and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Kenneth~. Shoemaker 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH R. SHOEMAKER, Plaintiff LINDA S. SHOEMAKER, Defendant NO. 2001-3100 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, John J. Connelly, Jr., Esquire, counsel for Defendant, Linda S. Shoemaker, hereby accept service of the Complaint in Divome in the above-referenced matter. Hummelstown, PA 17036 Telephone: (717) 533-3280 Counsel for Defendant Linda S. Shoemaker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH R. SHOEMAKER, Plaintiff L1NDA S. SHOEMAKER, Defendant NO. 2001-3100 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on May 22, 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. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §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 ifI 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 above are tree 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: \0~l~10l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH R. SHOEMAKER, Plaintiff L1NDA S. SHOEMAKER, Defendant NO. 2001-3100 CIVIL TERM CIVIL ACTION - LAW 1N 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 §3301(c) of the Divorce Code. Date and manner of service of the complaint: Service accepted by John J. Cormelly, Jr., Esquire on behalf of Defendant Linda S. Shoemaker on May 24, 2001; Acceptance of Service filed with the court on May 30, 2001. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, October 18, 2001; by defendant, October 18, 2001. Related claims pending: All claims resolved by Marital Settlement Agreement executed by the parties on October 18,2001. Date: Date plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in § 3301 (c) Divorce was filed with the prothonotary: contemporaneously herewith. (" John C. Hg)vett, Jr.,'gsquire [ '~ ~ HOWET~, KISSINGER & COMLEY, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Kenneth R. Shoemaker 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH R. SHOEMAKER, Plaintiff LINDA S. SHOEMAKER, Defendant ) ) ) ) ) ) ) NO. 2001-3100 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on May 22, 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. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §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 ifI 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 above 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. ;~.X./> Linda S. Shoemaker, Defendant IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY STATE OF ~~~ PENNA. KENNETH R. SHOEMAKER, Plaintiff N O. 2001-3100 CIVII, TERM VERSUS IJN-DA S. SHOEMAKER, Defendant DECREE IN DIVORCE AND NOW, DECREED THAT AND ?001, IT IS ORDERED AND KENNETH R. SHOEMAKER , PLAINTIFF, LINDA S. SHOEMAKER ,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. It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions of a certain Marital Settlement Agreement between the parties dated October 18, 2001, are incorporated in th~s Decree in Divorce by reference as tully as it the same were set Iorth herein at length. Said Agreement shall not merge with but shall survive this Decree in Divorce.