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HomeMy WebLinkAbout05-1468 Kimberly W. Shatto, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW Daryl W. Shatto, Defendant NO. t!) 5'- I '-i w <;; ~ ..Lv.- : 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 Cumberland County Courthouse, 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 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 ALA WYER, THIS OFFICE MAYBE 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 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 o Daryl W. Shatto, Defendant NO. , Kimberly W. Shatto, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CML ACTION. LAW : IN DIVORCE COMPLAINT AND NOW COMES the above-named Plaintiff, by her attorney, Peter J. Ressler, Esquire, and makes the following Complaint in Divorce: 1. Plaintiff, Kimberly W. Shatto, is an adult individual currently residing at 41 Kitzsell Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Daryl W. Shatto, is an adult individual currently residing at 18 Hamilton Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Both Plaintiff and 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. The Plaintiff and Defendant were married on August IS, 1976 in Middlesex Township, Cumberland County, PA. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff avers, in accordance with Section 3301( c) of the Divorce Code, the marriage between the parties is irretrievably broken. 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. America. Defendant herein is not a member of the armed forces of the United States of /) 1~ 8" A.1..t:/>...- Peter J. Ressler, Esquire Attorney for Plaintiff Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110-0950 (717) 232-5000 WHEREFORE, Plaintiff prays this Honorable Court enter a decree dissolving the marriage between the parties. Respectfully Submitted, ~w~ Kimberly W. Shatto VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904, relating to unsworn falsification to authorities. Date: j I q-f oS Kimberly W. Shatto, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW Daryl W. Shatto, Defendant NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant 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 3301(c) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relation 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 the list. All necessary arrangements and the cost off counseling sessions are to be born by you and your spouse. If you desire to pursue counseling you must make your request for counseling within twenty (20) days ofthe date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary ~ ~ ~ ~ ~ ~ - ~ "'" <:'-- c:r- ~ ~ ), 9 <ti -- c..~ 1..,-\ ~, >~. ~: \,~ .\J;>- (i:- \0 ----,:'c r~ .-\ .,-- , -, c' KIM W. SHATTO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DARYL W. SHATTO, Defendant NO.: 05-1468 CIVIL TERM IN DIVORCE n AMENDED COMPLAINT Plaintiff, Kim W. Shatto, by and through her attorneys, Mette, Evans & Woodside-i, <'.< hereby files this Amended Complaint and in support thereof, avers as follows: o c- r-' c:::, ,",," CJ1 ):'''' -:::1 ~,"... ......~. ['.J o 1. On March 18, 2005 Plaintiff filed a Complaint at the above number and term with this Honorable Court. 2, The Complaint improperly listed Plaintiff's name as Kimberly W. Shatto. 3. The correct and proper name of Plaintiff is Kim W. Shatto. WHEREFORE, Plaintiffrespectfully requests the Honorable Court to amend the record to reflect the name of Plaintiff as Kim W. Shatto and not Kimberly W. Shatto. Respectfully submitted, METTE, EVANS & WOODSIDE Date: _=-k I.) By: p~ ? /rv..-lA ~ Peter J. Ressle , Esquire Sup. Ct. J.D. No. 6844 3401 North Front Street; P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff ,2005 o -n .-1 f~2 C) ;.l_;. c:',; a VERIFICATION I, KIM W. SHATTO, hereby verify and state that the facts set forth in the foregoing Amended Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. !i 4904 relating to unsworn verification to authorities. ~w~ KIM W. SHATTO Date: ~3 ,2005 .. . . .. CONSENT Daryl W. Shatto, by and through his attorney, William A. Duncan, Esquire, does hereby consent to the amendment of the Complaint for the record with said action to be amended to reflect Plaintiffs name as Kim W. Shatto and not Kimberly W. Shatto. DUNCAN & HARTMAN, P.C. CC-lA./'-. By: William A. Duncan, Esquire Sup. Ct. !.D. No. ? Z 0 So 1 Irvine Row Carlisle, P A 17013 (717) 249-7780 - Phone (717) 249-7800 - Fax Attomeys for Defendant [)ate: ~~ ~ (~ ,2005 420430vl Kim W. Shatto, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW Daryl W. Shatto, Defendant NO. C9~.- [LtG 5 IN DIVORCE ACCEPTANCE OF SERVICE I, Daryl W. Shatto, Defendant, do swear that I was served with a Complaint in Divorce at the following address, 18 Hamilton Road, Boiling Springs, P A, 17007, Cumberland County, Pennsylvania, on April ~ [JIJJ ,2005. f!2ctd!flJ/~~ Cl -n ~<j c::: ( '- .~! Kim W. Shatto, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW Daryl W. Shatto, Defendant NO. O\:-l L{~ 8 IN DIVORCE AFFIDAVIT OF RECEIPT I, William A. Duncan, Esquire, being duly sworn according to law, do swear that I served a Complaint in Divorce on the Defendant, DARYL W. SHATTO by hand delivering a true copy to the Defendant, DARYL W, SHATTO on 18 Hamilton Road, Boiling Springs, PA, 17007, Cumberland County, Pennsylvania, on April '7.e:J ,2005. \AArt~ ------- William A. Duncan, Esquire Sworn to and subscribed ~ before me this 10 day of ~ o(~d rfIu-.d NOTARIAL SEAl Kathy L MunIIMrl, NotIry Public Borough of CarllIIe, Cumblrlancl Co., PA My CommIIIIon Explru Aug. 11, 2007 l.,:.r .~. .... '.....'.;'#0. '.,,>)1,;; '''1 ,',. J (h" r~" Coo? ,:_:) kJ' o --=(-1 _--I 'J':...-.:I r~1:il;:;; _c .' :,:,) >.) c:) C') (.;', KI W. SHATTO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW D RYL W. SHATTO, Defendant NO.: 05-1468 CIVIL TERM IN DIVORCE AMENDED COMPLAINT Plaintiff, Kim W. Shatto, by and through her attorneys, Mette, Evans & Woodside, eby files this Amended Complaint and in support thereof, avers as follows: l. On March 18,2005 Plaintiff filed a Complaint at the above number and term with t .s Honorable Court. 2. The Complaint improperly listed Plaintiffs name as Kimberly W. Shatto. 3. The correct and proper name of Plaintiff is Kim W. Shatto. WHEREFORE, Plaintiff respectfully requests the Honorable Court to amend the record t reflect the name of Plaintiff as Kim W. Shatto and not Kimberly W. Shatto. Respectfully submitted, METTE, EVANS & WOODSIDE ate:'-{ - 13 ,2005 By: f.u;;:;, .1/ PD ;J~t Peter J. Ressler, Esquire Sup. Ct. LD. No. 6844 3401 North Front Street; P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff VERIFICATION I, KIM W. SHATTO, hereby verify and state that the facts set forth in the foregoing A~ended Complaint are true and correct to the best of my information, knowledge and belief. I i un4erstand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 rel~ting to unsworn verification to authorities. ~wiJWJ-. K M W. SHATTO D te: ~3 ,2005 I I I , I I CONSENT Daryl W. Shatto, by and through his attorney, William A. Duncan, Esquire, does hereby consent to the amendment of the Complaint for the record with said action to be amended to reUect Plaintiffs name as Kim W. Shatto and not Kimberly W. Shatto. I , i I I I i I i I I j,,, .~l \ A...t ~ C "---..., By: William A. Duncan, EsZir5~ 8'1 Sup. Ct. 1.0. No. 2 u ( ..I 1 Irvine Row Carlisle, P A 17013 (717) 249-7780 - Phone (717) 249-7800 - Fax Attorneys for Defendant ,2005 I 1420430vI n ~"' .., c" :.:.',i i'''.) C) ""~', ~ i....:~ (:.:> ------- RECEIVED APR 222005""- ~ KI W. SHATTO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW D RYL W. SHATTO, Defendant NO.: 05-1468 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this Z 1-' day of April, 2005, IT IS HEREBY ORDERED in the a ove-captioned matter that the Plaintiffs name as filed in the original Complaint shall be a ended to reflect Kim W. Shatto and not Kimberly J. Shatto. BY THE COURT, J. --,/- l/~ ()'\' I\-/,- o V1;-(V,,<l.:!..\S\:':\Hc:J , ",n. f.''', I\.LI -', ~ '-.' , L S : I !,jd L Z HdV SOUZ AtJlflONOH.lOl:id 3Hl :10 301:1:'0-0311:1 KIM W. SHATTO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DARYL W. SHATTO, Defendant NO.: 05-1468 CIVIL TERM IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the [8J Plaintiff 0 Defendant in the above matter, [Select one ofthe following] [8J prior to the entry of a Final Decree in Divorce, or 0 after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of KIM S. WEARY, and gives this written notice avowing her intention pursuant to the provisions of 54 P .S. S 704. Date: :y- Cj . 05- ~M l{) ~ STATE OF FLO~ COUNTY OF Um Ju~ Signature ~ JJ iAJ W-;;fj Signature o~. eing~re umed -:JtJ~. M~7 7~~ ~~.c- ~O 12;;;:..h-t;Z-a/r~ SS.: On this, the -1- day of '/?7/~ ,2005, before me, a Notary Public, the undersigned officer, personally appeared th above affiant, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and officia s I. Notary Public (SEAL) My Commission Expires: ~~"+.. D.\f1IX!~E U\NGLEY 0:.."""'.$ MY C(.>\~t..~!~S\O,~~.' 00234i64 ""~OH\..t.q;' b ';'.~i;;::S~ ib~'.u-T. (.. 2007 t-ro:l-3-NOTNiY rL ~lOfi'rf ~AIIOC Co 423483vl >..~ ,.. --t:::> ~" ,.,. ~ .iI\ ~0 ~ '" U'\ L.,',< "".1 w j \ 6'" ..( w w - \ KIM W. SHATTO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DARYL W. SHATTO, Defendant NO.: 05-1468 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 18,2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 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. 1 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: 1- Ir-O\" ~0~ Kim W. Shatto 428308vl (") ...., = 0 c.: = -n ~ c.n -0 ('1:J ::>0 i U'n, c:: Z:X., G") Zr' ~~:' Cl ~C) >(-- :::- 5~ z..c :J: .--0 Zm :J>C ~ ~ (J1 ~ -.l - KIMW. SHATTO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DARYL W. SHATTO, Defendant NO.: 05-1468 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330HC) 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! 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. S4904 relating to unsworn falsification to authorities. Date: 1- 1'6- oS" ~w~. Kim W. Shatto 428327vl ~ s: . "'"t)('\:) 1"'\1"'1\ 'Z:>} ~C, (" .r ......::....;.:< <:2.'" > ~<2) 't. ~ 'B> ~ G'> - o ~ - - ." q. l.~ ~q q~ 9- ~~ : Kim W. Shatto, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW Daryl W. Shatto, Defendant NO. 05-1468 Civil Term : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March ~ ~ , 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a [mal decree of divorce. 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. 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. sec. 49904 relating to unsworn falsification to authorities. d~f!~ Date: 7 -) S - 0 S a ,..., <<=> ~ C <::> v~ "'" > ~;JJ fT1rn c:: :;::::1' C"> ~~ Z[; ~:,~" 0 RC' -I..,.. '1, . "" :r: "'14 ~(..:~ :J: ~~ ;pl..' - C - 0 ~ ., ?5 (J1 -.l -< Kim W. Shatto, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW Daryl W. Shatto, Defendant NO. 05-1468 Civil Term IN DIVORCE 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 fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if) 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. sec. 49904 relating to unsworn falsification to authorities. Date: 7 - ~f9-CJ.)- ;~::I!.! Jktt/ ~ ~ .....J():"v~ ~r'" w.....,.--~ ,::.,-, ..~' ""'j; tn: ~t; ~9, ~c -pc, ~ ~ Q, ~\ c:> ~~~ ~ ~ -:::. ::=-\ .' ~ ()"\ '.2- d> - KIM W. SHATTO, Plaintiff IN THE COORT OF CCMMON PLEAS OF CUMBERLAND COUNI'Y, PENNSYLVANIA NO. 05-1468 CIVIL u vs. IN DIVORCE DARYL W. SHATTO, Defendant 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~xNX~of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the ccmplaint: On April 20, 2005, via hand delivery to Defendant - see Affidavit of Receipt and Acceptance of Service filed on behalf of Defendant on April 20, 2005. 3. Ccmplete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff July 18, 2005 by the defendant July 28, 2005 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: none 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record. and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code nla P/t~ '"}./1 "'~ Attorney for Plaintiff~ Peter J. Ressler, Esquire (") ..... = ~ c:: = 5: en -orD ". ~:o 0) f.::.' c: ~-, en ZC ~~ ~fl;: 0 <'.. ". ':;:J, ~G :::z: ~~ >c; c ~ ~ U1 ?D CX) -< .' . . . . + . + + + . . + . + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ~~~ ~ ~~ ~~ ~ ~~ ~~ ~ ~ ~~~~~~~~ ~~:+: ~~ ++++.. +++++~++~++++++++++~ + IN THE COURT OF COMMON PLEAS : + OFCUMBERLANDCOUNTY : STATE OF PENNA. Kim W. Shatto, NO. 05-1468 Civil Term VERSUS IN DIVORCE Daryl W. Shatto, DECREE IN DIVORCE AND NOW, a~ a........ I Jf.. - , IT IS ORDERED AND 2005 DECREED THAT Kim W. Shatto , PLAINTIFF, + + + + + + + + + + + + + + + + + + + + + + + + + + + + + Daryl W. Shatto , DEFENDANT, AND 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 -', " . - ''. ~ / ; " - '- , , , ~ + + + + + + + J. + + + + + + + PROTHONOTARY + + + . +++ :+: ++++++ ++++++++ ++++:+:+ ++++++++++ ++++++++++++? + + + + + + + + + + + + + +::1'++ ++ + ,/ ".- ....., - # ,;.#_............:;( ;.... ."., ~1 ,;;. \...- .................. + :+::f.+ ;+:+'f. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . ;/r .fJ ~ ~ $.>", 1- ~ 9if'~ ;rr:' ~ -/fl .><>- y~ .. ..-. ,. .' ,..