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HomeMy WebLinkAbout04-4822 II i ,..',,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HARRY M. SHAW, III, PLAINTIFF CIVIL ACTION - LAW v. NO. tJi/ /I,f,tJ.;) u;.; ANN M. SHAW, DEFENDANT 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 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 Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'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, Pennsylvania 17013 717-249-3166 WEIGLE & ASSOCIATES, Pc. -- ATTORNEYS AT LAW- 126 EAST KING STREET - SHIPP ENS BURG. PA 17257-1397 II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY M. SHAW, III, PLAINTIFF CIVIL ACTION - LAW v. NO. ANN M. SHAW, DEFENDANT IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the above named Plaintiff, Harry M. Shaw, III, by and through his attorneys, Weigle & Associates, P.C., and Richard L. Webber, Jr., Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: I. Plaintiff, Harry M. Shaw, III, is an adult individual presently residing at 83 Rustic Drive, Shippensburg, Southampton Township, Cumberland County, Pennsylvania 17257, since 1998. 2. Defendant, Ann M. Shaw, is an adult individual whose present residence is unknown. Defendant's last known physical address and mailing address is the marital residence of 83 Rustic Drive, Shippensburg, Southampton Township, Cumberland County, Pennsylvania 17257, where the Defendant lived until May 20, 2001. 3. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing ofthe Complaint in Divorce. 4. The Plaintiff and Defendant were married on October 16, 2000, in Hagerstown, Washington County, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. 8. The parties have lived separate and apart since May 20, 2001. WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET ~ SHIPPENSBURG, PA 17257-1397 II 9. The Plaintijf requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. WEIGLE & ASSOCIATES, P.c. By: ~/[ ------ ~ Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney ID #49634 126 East King Street Shippensburg, P A 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSeURG, PA 17257-1397 * I VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. 9 4904, relating to unsworn falsification to authorities. Dated: q/; (J /tJV I / cl/1 -i/L Tr ,;!;;;;M. Shaw, 11l, Plaintiff WEIGLE & ASSOCIATES. RC. -.- ATTORNEYS AT LAW - 126 EAST KING STREET - SHtPPENSBURG, PA 17257-1397 '- ~~ '" '^ ~. ~ , '" , '- -Ib ~ 'C\ ~ 'B:) V'>. ~, ~ '\, "- '" " 1..1\"') ~ ~ ...J ~ '" )J Y\ i ~ ~ l 'I i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY M. SHAW, III, PLAINTIFF CIVIL ACTION - LAW v. NO. 04-.:l~822 Civil ANN M. SHAW, DEFENDANT IN DIVORCE PRAECIPE TO REINSTATE CO:MPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the matter referenced above. WEIGLE & ASSOCIATES, P.c. Date: I)- (J( (o-r-; ,,"""1 By: 1i:J-/ /( --:~ Richard L. Webber, Jr., Esquire , Attorney for Plaintiff Attorney ID #49634 126 East King Street Shippensburg, P A 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 .ct IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HARRY M. SHAW, III, PLAINTIFF CIVIL ACTION - LAW v. NO. 04-4822 Civil ANNM.SHAW, DEFENDANT IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the matter referenced above. WEIGLE & ASSOCIATES, P.c. Date: )/ )J Ie,,' /? " . -:~,' / /( .' 'f (/~ .....-.......... Richard L. Webber, k, Esquire Attorney for Plaintiff Attorney ID #49634 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 By: WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SH1PPENSBURG, PA 17257-1397 u IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLV NIA HARRY M. SHAW, III, PLAINTIFF CIVIL ACTION - A W v. NO. 04-4822 Civ I ANN M. SHAW, DEFENDANT IN DIVORCE AFFIDAVIT OF NON-MILITARY SER CE Neither of the parties to this action are in the military or naval ervice of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief A of the Congress of 1940 and its amendments. I verify that the statements made in this Affidavit are true an correct. I understand that false statements herein are made subject to the penalties of perjury containe in 18 Pa. C.S. g4904, relating to unsworn falsification to authorities. '5 ( l,( 0-6 0 ~ ..., = ." ~ c: .... -< );> -P. w -') r:: WEIGLE & ASSOCiATES, RC - ATTORNEYS AT LAW - 126 EAST KING STR ET - SHIPPENSBURG, PA 17257-1397 o c: ,J{-:-' Cnr" ,'. ''j) ,- ~;',. -I> ..... :;;~i"- )>~~ ::;;l ....., = = o~ o ." :I!-n m-- -,.}~ Or)? ,,~~J, orT) 0-1 :i:i '< <.- c:: z ;I>> ::I: (f\ N C/ IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLV NIA HARRY M. SHAW, III, PLAINTIFF CIVIL ACTION - A W v. NO. 04-4822 Ci '1 ANN M. SHAW, DEFENDANT IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this af ldavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served n you or the statements will be admitted. VORCE CODE 1. The parties to this action separated on May 20, 200 I, and ha e continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, divi 'on of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true an correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 49 4 relating to unsworn falsification to authorities. Dated: S/:u fob /(I, M. Shaw, I I, Plaintiff o 1""1 -0 c:; -< -< )> -P. w (J1 WEIGLE & ASSOCIATES. Re. - ATTORNEYS AT LAW - 126 EAST KING STR ET - SHIPPENSBURG, PA 17257-1397 2 "" ~,t:. ~\' (fl.X -,L.~ .;;:- '2:."'~ ".(-, "Y' <;; ~:2 ~ ~ '"-- c:-. ~ \ - q" .A 1ft~ ..",11: "f}C 'i.:>b ~~~, .,~., -r"l ~,?,Q ,(_{'f' (J: ,-\ ~ ~ -;:::: .' ()'\ \"-' , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-04822 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHAW HARRY M II I VS SHAW ANN M R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SHAW ANN M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - DIVORCE On April 3rd , 2006 , this office was in receipt of the attached return from FRANKLIN mas Kline ~ff of Cumberland County Sheriff's Costs: So Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 27.05 Postage .78 64.83 04/03/2006 WEIGLE & ASSOCIATES Sworn and subscribed to before me this 1(4 day of .1U.a..; , d(){J(" ji;~. ~ry t . 51 In The Court of Common Pleas of Cumberland County, Pennsylvania . Harry M. Shaw III YS. \ Ann M. Shaw No. 04-4822 civil Now, Max<;ih 8, 2006 . , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . cr~_J<:~ Sheriff of Cumberland County, PA Affidavit or Service Now, ~ ~ ]..-et-e' ,20-, at t3'5' i"' o'clock f M: served the within r HI! rn f5 ~ ~ t/'t2.-6 60/Lo - ~ fZ.A-t/ /t.H rF ~ uf;l7( upon mfJ7<m", C4t2-6/kJ~t+ {-~ c~ Il-lY rI s~ at :J.,.7~J Lww ~. 1'14' by handing to ffJ f}-fl'Tl c.l c...A-tz-&<w:J if a Co "'" PUr I ",rr- copy of the original and made known to 'Ul~ ' the contents thereof. So anSwers, " ,6X ()/~"-.PA Sworn and subscribed before methis_dayof ,20_ , COSTS SERVICE . MILEAGE AFFIDAVIT $ $ ,< SHERIFF'S RETURN - REGULAR CUM'()..r\...nJ c:"',,:"j ~oL\ ~ Y'i!J.d, l CASE NO: 2006-00057 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN HARRY M SHAW II I VS ANN M SHAW GARY L WYRICK , Deputy Sheriff of FRANKLIN County, pennsylvania, who being duly sworn according to law, says, the within REIN COMP DIVORCE was served upon SHAW ANN M the DEFENDANT , at 0013:58 Hour, on the 24th day of March , 2006 at 275 LINCOLN WAY WEST CHAMBERBURG, PA 17201 by handing to MARTIN CARBUAGH (FATHER) a true and attested copy of REIN COMP DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 .00 .00 .00 .00 By GARY Sworn and Subscribed to before :::::'it"" me this ~~ day of &00 ~0\.\ ~(rA.D. c \.. - ~ LA--L<-oA- hke.~ / Notary t .. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA HARRY M. SHAW, Plaintiff CIVIL ACTION - LAW v. NO. 04-4822 CIVIL ANN M. SHAW, Defendant AFFIDAVIT OF SERVICE I, John R_ Grove, a Private Investigator, the undersigned adult individual, being duly sworn according to law, state that I did serve a copy of the Affidavit Under Section 3301(d) of Divorce Code, Notice of Intention to Request Entry of Section 330l(d) Divorce Decree, a Counter-Affidavit Under Section 3301(d) of the Divorce Code and an Affidavit of Non- Military Service upon the Defendant at 275 Lincoln Way West, Chambersburg, P A 17201 by personally handing it on June 21, 2006 to her father, Martin Carbaugh, an adult member of the family with whom the Defendant, Ann M. Shaw, resides. Attached hereto and labeled as Exhibit A is my official Proof of Service. Dated: ?/~51"t Subscribed and sworn to before me the un~rsigned Notary Public on the J1 r day of August 2006. l<S~:;:/:": </ r'; /R..~}:.I(..I'l........./AA .!: NotaryPufi!ic,;;~ ","' '- , .~Il;-:,~~":"_" :: -p', ~H/",t"~yA::~, ~J:1' ,.,.-/'>.-~~.:1{f..'.', ,., :., """_",;~~,;,,,f' . ,'}> - :,/,';'_":i;,:r;,,,i:~..!~,~~/~~ ,e <<:~,~~[~?~i~,;>''"~~'' . ~ i':;:?'I"h WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST K!NG STREET - SHIPPENSBURG, PA 17257~1397 -f NOTARIAL SEAL RICHARD L. WEBBER JR., NOTARY PUBUC SHIPPENSBURG BORO, CUMBERLAND COUNTY MY COMMISSION EXPIRES JULY 15, 2010 '1 . " AO sa (,'1i11 S..,bpoe.na in a Ciwil Cue :10;.:. Z/ ~u0 Olo PROOF OF SERVICE PLACE , \ '- ~ . '2. T5 l.\.U.\.U. Q.t{q(V\~~~, ~A SERveo I 7'd.O "\ MANNER Of URvlCE SlAVeD ON (PAIHT HAWEl mAQ.,\\~ ~e.~(Q+\ ~e.'O.rJ1\ l $EAvED 8Y (PRINT HAMil TITU JcUrJ~, ~~,,~ ~\-.)M(. ,.vV{s'I~ICR- DEC\.ARATION OF SERVER I declare under penalty of perjury under the laws of the United States of A~erica that t e foregoing information eon. tained in the Proof of SelViee is true and com~et. Executed on 2..\ ~\JuDlo o.r..~ -:P.~.~ lO~ . AIlCMSS OF SEIlVEIl ~U~'IY\~~~., fA f)?-o I Role 45, Feeerat Rules of Civil ?rocedure, Pans C &. 0: (c) PROTECTION OF PERSONS SU3JECT TO SUBPOENAS. (1) A party or an attomey tes~nsibl. for 111. issuance and service of J sucpoena shall take reasonable steps to avoid imposing undue bur~ oe. or expense on. person subject to 'h&l SUbpoonL The coun on bena/f of which Ih. lubpoen. was illuec Sholl .nlo... till. duty and impoSt opon In. party or attorney In breach of Ihis duty .n appropriate sanc- tion, which may include, but i. nOIUmlted to. lOst earnings and are. sonllll. atlomey's f". C2J(AJ A person commanaec to produce and permil Inspeclion and cO;lying of designatad boOks. ~l'S. documents or tangible things. or insp6'Ction of premia.. nHd not &;lpear in person at the place of pro-- auction or inspection unless commanded to appe....tord.position. ~ ing cr trial. iB) Subi.OIIO Pl18grap/l (4)(2) of thll rule,. person commanded 10 proouc. and pennit in&~tion and copying may. within l' dayS after service c1 tl'll suopoena or be10re the time specified for compliance if sue" time is leA than '4 days after s.rvice. UNe upon the patty or at. torney designaled in the sUbPO.na written objection to inspection or copying of any or all of the designated mat.rialS orot the premises. If oOJoction is mad., the patty serving Iho lubpoenu/lall nol be entitled to inspect and eopy thl mat.rials or inspect the premlsn except pur- suant to an order of the court by which the subpOenl was is.ued. If ob- j..,ion has _n made, tile patty IOMng IIle SuDJlOOn. may, upon nolice to tl'le person commanded to produce. move .It any time for an order 10 compellht ptOduotion. Such an on:tono oompel production _, pro- tecl any person who il not a patty Or an officer of. pall)' from signifi. cant expense resulting from Iha inlpection and copying commanded. (3) (AJ On limOly mOlion, tIlo court by which a subpoena was issued ,nill qoash or mOCllfy tn. SUbpoena If II (I) fails to allow reasonable time for compliance; (Ii) requires a person wno is nol. party or.. officerolaparty to travel to a plaoe more than 100 miles ffOltl tile place wh.re Inal D('(<')')l"t resioes, is e-motoved or ~!llart\j' H"arISac1s business in per. son, except tftal, subject '0 'he provisions of clause (c)(3)(BI(li~ of this rule. SuCh a person may in order to attend trial be commanded to tmel from any SuCh pla:e within 1h, $1af. in whjch tne trial is held, or <<i~ reqoir.. diSClosure of privilOQr. or other proleoted mat- ter and no exception or waiver applies, Of' (iv) sutljects a person to \,Indue buretn. (8) If a SUbpoena (I) requires disclosure of a trade secret or otner confidential research. develOpment, or commercia! intonnation, or Oi) requires diSClosure of an unretaintd expert's opinion or ina formation not aescribing s~e-::ifjc evcnts or occurrences in dispute and resulting "om the expert's Study made not at the requlst of any party, or (iji) requiM a person wno is not a PI-"I)' or an otticar of a pany to incur substantial expense to travel more than 100 mil.s to at. tend trial, the court may. to protect a person subject to or affected by Ih. subpoen.. qUaln or modify Ihe subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need 10r the testimony or material tnc cannot be othetwise met without un- due nardship and ass"'re$ tl'lat the person to whom the $ucpoena iSllddrassed will be tell$Ol\&bly eompenutec, II1e court mayo",.r appearance or production only upon specified conditions. (d) OUTIES IN RESPONOING TO SUBPOEN.... (1) A person responCing to a SUbpoena to produce documents snail produce tn.m as Iney art kept in Ihe usual course of business or shall organiZe and I_,hem 10 """""pond with the <OlOQoh.. in Ihe oemand. (2) When information subject to a subpoena is withheld on a Claim lhallI is P/iYi1eged or subject to protection IS nlaI preparation malerial.. Ihe c:laim snail be mad. expressly and snail De supported by a descriP. tion of the natunt of the doCuments. communications. or things not proa duced tI1at is sufficient to enC01. the demanding PartY to contest the claim. o c ~ -UU' rnrrl z"" ~;:" ~~.'~ , r::,. ;:.. ~'~; =J --, ...., = (;:-..lI Cf' "'" c:: '" N CJl ~J -;'.- o ., :t-" nlp -r,m -09 CJC) ::::.:J -j', g~ ~ Jp- ~ CJ1 c..J"\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HARRY M. SHAW, III, PLAINTIFF CML ACTION - LAW v. NO. 04-4822 Civil ANNM.SHAW, DEFENDANT IN DIVORCE NOTICE OF INTENTION TO REOUEST ENTRY OF l! 33011d) DIVORCE DECREE TO: Ann M. Shaw, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the ~ 3301(d) affidavit. Therefore, on or after July 18, 2006, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 WEIGLE & ASSOCIATES, Re. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257.1397 Cd C- :s:: -oct" t'Tlrr, ~? oj ~'_ ~.< '...' c:.::c ~~F, j.;"c::: ~ ,..., = = 0"' ~ G'> N U1 ~ ~, ::n ClF,; :go ::-J() -j..; ;~:I.' "0 ;:':::m ~ ~ -0 :;::;: U1 .::- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY M. SHAW, III, PLAINTIFF CML ACTION - LAW v. NO. 04-4822 Civil ANN M. SHAW, DEFENDANT 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 ~ 3301(d)(I) of the Divorce Code. 2. Date and manner of service of complaint: March 24, 2006, by deputized service by Franklin County Sheriff's Office. 3. (b)(1) Date of execution of the affidavit required by ~ 3301(d) of the Divorce Code: May 21, 2006. (b )(2) Date of filing of the Plaintiff's Affidavit upon the Defendant: June 1, 2006. 4. Related claims pending: None 5. Date and manner of service of Plaintiff's Affidavit and the Notice of Intention to File Praecipe to transmit record, a copy of which is attached: June 21, 2006 via Private Investigator, John R. Grove. WEIGLE & ASSOCIATES, P.C. Dated: 1"1 'd-Lfl 06 VJ-~~ 4- Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney ID # 49634 126 East King Street Shippensburg, Pa 17257 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSeURG, PA 17.257-1397 o c :s: "'"'0\->"_' t""'(: ~';-:;' ~- ~.'t:.. :Y'c: :2 ~ -<.. ....., g <::T' EO '" N c.n ~: ~. ~ ~fb1 -om "'Y 1:5 c:.~ :.? -'\\ '--'-'~-:D '.JC) ;;'"n ::.., ~ - cJl .r;:- HARRY M. SHAW, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW ANN M. SHAW, Defendant NO. 04-4822 CIVIL TERM ORDER OF COURT AND NOW, this 31'1 day of August, 2006, upon consideration of Plaintiff's praecipe to transmit record, and it appearing that Plaintiff's notice of intent and affidavit under Section 3301(d) of the Divorce Code were served simultaneously, in contravention of the holding in Burdick v. Burdick, 41 Cumberland LJ. 64 (1991) (Bayley, 1), a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and file a new praecipe to transmit. BY THE COURT, k.ardL. Webber, Esq. 126 East King Street Shippensburg, P A 17257 Attorney for Plaintiff :rc JJ~ \; / ~;>j o -' C"\'\c,c \1i\'\'i.\';)')>"'.\"'":1'~\\') i",r, ''. ,\~"" \ :' f'V"'\'~\ \~,' . \ l(. 'J\\~ 'I~~{, \: 1'\ -:'Z 'vl}\ , ',,)\~j\>':' }'\~ -!;O \.~~~J\';\)'.",r de\:\ \~\ r" ~;;.::><,y.) ,)~. .' IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYL VANIA HARRYM,SHAW, Plaintiff CIVIL ACTION - LAW v. NO. 04-4822 CIVIL ANN M. SHAW, Defendant AFFIDAVIT OF SERVICE I, John R. Grove, a Private Investigator, the undersigned adult individual, being duly sworn according to law, state that I did serve a copy of the Notice of Intention to Request Entry of Section 330l(d) Divorce Decree and Counter-Affidavit Under Section 330l(d) of the Divorce Code upon the Defendant at 275 Lincoln Way West, Chambersburg, P A 17201 by personally handing it on September 21, 2006 to Mary Carbaugh, an adult member of the family with whom the Defendant, Ann M. Shaw, resides. Attached hereto and labeled as Exhibit A is my official Proof of Service. Dated: 2.J SE.~. ole, Subscribed and sworn to before me the ~?_dersigned Notary Public on the )( J day of .~~]t2006. )" .+~.~ ~(,,~ ~. ,1~j / Notary Public - NOTARIAL SEAL RICHARD L. WEBBER JR., NOTARY PUBLIC SHIPPENSBURG BORO, CUMBERLAND COUNTY MY COMMISSION EXPIRES JULY 15, 2010 WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ~ JoO 88 ( 11/91) Subpoena in a Civil c.s. PROOF OF SERVICE _. :",,: i'LAce 216 l. W ,Ll).. ~ 2l S~~. t:>to ~ \~ <\~~ee_~~Up-G, 1 f:-A- (7lk>\ MANNE? 0;: SE;lVICE SERVED S"RVEO ON (i>RINT NAME) WIll l? '\ & ~\.JG.I-\- SEilvED BY (i'RINT NAMEl Jot\/'J ~. ~~ ~~OA)~ L TITLE ~{2...\V A=\~ ::r u-J~~l\ ~A\'()L. DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information con- tained in the Proof of Service is true and correct. ~.. ",.l Executed on 2\ S~l Oip _ ~'0L.1l2::::::::: Q.t.-= SIGN REOF ERVER ?\)~ .6D1 (p~ f ADORESS OF SERvER ~\-\AM6~~gu~~ (~\ . , . Rule 45, Feaeral Rules of Civil ?rocedure, Pans C & D: (c) PROTECTION OF PERSONS SUSJECT TO SUBPOENAS. (1) A ~arty or an attomey responsible forthe issuance and service of a subpoena shall take reasonable steps to avoid imposing undue bur. oen or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the ~arty or attomey in breach of this duty an appropriate sanc. tion. which may include, but is not limited to, lost earnings and a rea- soniZ)le attomey's fee. (2)(A) A person commanded to produce and permit inspection and cO;lying of designated bOoks, pa;>e~, documents or tangible things, or ins~ection of ~remises need not a;:lpear in person at the place of pro- auction or inspection unless commanded to appea.- for deposition, hear- ing or trial. (B) Subject to paragraph (d)(2) of this rule. a person commanded to produce and permit inspection and copying may, within 14 days after service of the sub~oena or before the time specified for compliance if sucn time is less than 14 days after service, serve upon the party or at. tomey designated in the subpoena wtitten objection to inspection or copying of any or all of the designated materials or of the premises. If c:lJE:Ction is made, the party serving the subpoena shall not be entitled to Inspect and copy the matetials or inspect the ~remises except pur. suant to an order of the court by which the sub~oena was issued. If ob- jection has been made, the patty serving the subpoena may, upon notice to Ine ~erson commanded to produce, move at any time for an order to compel the production. Such an orclerto compel production shall pro- tect any person who is not a party or an officer of a patty from signifi. cant expense resulting from the inspection and copying commanded. (3) (A) On timely motion, the court by which a subpoena was issued snail Quash or modify the subpoena if it (i) .fails to allow reasonable time for com~liance: (ii) requires a person WhO is nota party oran officer of a ~alty to travel to a place more than 100 miles from the place where that person resides, is employed or re<]ular1Y transacts busineSS in per. son, except that, subject to ~:-'e provisions of clause (c)(3)(B)(iii) of this rule such a person may in order to mend trial be commanded to travel'from any sucri pla::e within the Slate in whicn the trial is held, or (iii) requires disclosure of ~rivileg~ or other ~rotected mat. ter and no exception or waiver a~plies, or (iv) subjects a person to undue buraen. (B) If a subpoena (i) requires disclosure at a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure ot an un retained expert's opinion or in. formation not describing s~e:ific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (iii) requires a person wno is not a pa.'ty or an officer of a ~arty to incur substantial expense to travel more than 100 miles to at. tend trial, the court may, to ;:rotect a person subject to or affected by the subpoena, quasn or modify the sU~;loena or, if the party in whOse behalf the subpoena is issued shows a substantial need for the testimony or material tna: cannot be otherwise met without un. due hardship and assures that the ~erson to whom the sub~oena is addressed will be reaso~ty compensated, the court may oroer appearance or production only upon specified conditions. (d) DUTIES IN RESPONDING TO SUBPOENA. (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to colTeSpond with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim thai it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be su~poned by a descn~ tion of the nature of the doeuments, communications, or things not ~rl> duCed that is sufficient to en~le the demanding party to contest the claim. o -n .-1. o C>J ~ v.J '".-. '-..-" '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HARRY M. SHAW, III, PLAINTIFF CIVIL ACTION - LAW v. NO. 04-4822 Civil ANN M. SHAW, DEFENDANT 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 ~ 3301(d)(1) of the Divorce Code. 2. Date and manner of service of complaint: March 24, 2006, by deputized service by Franklin County Sheriff's Office. 3. (b)(1) Date of execution of the affidavit required by ~ 3301(d) of the Divorce Code: May 21,2006. (b)(2) Date of service of the Plaintiff's Affidavit upon the Defendant: June 1,2006. 4. Related claims pending: None 5. Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: September 21, 2006 via Private Investigator, John R. Grove. ---u 1 ~c-'- A Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney ID # 49634 126 East King Street Shippensburg, Pa 17257 717-532-7388 WEIGLE & ASSOCIATES, P.C. Dated: /Dft3/0(, WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA 17257-1397 . ,,~ '""~'... -' (...; HARRY M. SHAW, III, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW v, ANN M. SHAW, NO, 04-4822 Civil TO; Ann M. Shaw, Defendant NOTICE OF INTENTION TO RE UEST ENTRy OF DIVORCE DECREE DEFENDANT IN DIVORCE You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the * 3301(d) affidavit. Therefore, on or after October 1],2006, the other party can request the court to enter a final decree in diVorce. ]f you do not file with the prothonotary of the court an answer with Your signature notarized or verified or a counter-affidavit by the abOve date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary ofthe court is attached to this notice. You SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFlCE SET FORTH BELOW. THIS OFFlCE CAN PROVIDE YOU WITH INFORMATION ABOUT IIIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIns OFFICE MAY BE ABLE TO PROVIDE YOU WITH lNFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Unless you have already filed with the court a written claim for economic relief, You must do So by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the fonn counter -affidavit alone does not protect Your economic claims. Cumberland County Bar ASSociation 2 Liberty Avenue CarliSle, PennsYlvania 17013 717-249-3166 2fi ~^c-...... _ (") r; < -rJ 5~ 92 g~) Z(~ (/.1.. ..<, .' Ik z nj .-.... f'...;) = = C7" C> CJ --l N C> ~ ~ fi1~ :g~ C). :::~-?, :'~-,1 ~.Jo om --1 S5 -< :tJl> :::l: <;> .:::- w if. if. if. if. if. if. if. if. !t'ili if. if. if. if. if. if. if. if. if. if. if. if. if. IN THE COURT OF COMMON PLEAS if. if. 'f. if. if. if. if. 'f. OFCUMBERLANDCOUNTY Harry M. Shaw, III, PENNA. STATE OF if. 'f. ili if. if. ili 'f. 'f. 'f. if. No. 04-4822 Plaintiff VERSUS if. Ann M. Shaw, if. 'f. ili if. Defendant ili 'f. 'f. if. if. 'f. if. if. '" 'f. if. 'f. 'f. if. if. 'f. 'f. ili 'f. DECREE IN DIVORCE o L-t l.s , 2mb, IT IS ORDERED AND AND NOW, Harry M. Shaw, III DECREED THAT , PLAI NTI FF, AND Ann M. Shaw , 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; ATTE J. PROTHONOTARY if. if. ili if. if.if.if.if.~~~~'f.~~~~~ ~~~~ if.~~ ~~~~ ~ if.~~~'f.~ ~ ~ ~ ~ ~ ili ~ ~ ~~ ~~ if. if. ~ ili ~ ~ 'f. '" '" ~ ~ '" ~ if. ~ '" ~ ~ ~ ili if. - ~ ? ~ ~Jt; ~'1e. 0/ ~ ~-:? /~~I'-'~_~ '7(/,1e.r?/ -7//(" ~- ~ . ''l.. #.... ... .;,:), ..~. l." .;.. I'