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HomeMy WebLinkAbout05-3796MYCALA WORLEY SHAULIS, Plaintiff V. GLENN DANIEL SHAULIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. ('j _ 9L C,1vI l 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 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, 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 17013-3302 Telephone: (717) 299-3166 E1\d--r\SHAUL7S,MYCALA-33n!CDIV MYCALA WORLEY SHAULIS, Plaintiff V. GLENN DANIEL SHAULIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0,5-- 79 (p CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. The Plaintiff in this action is MYCALA WORLEY SHAULIS, an adult individual, who recently moved from 1176 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055, to an undisclosed location. 2. The Defendant in this action is GLENN DANIEL SHAULIS, an adult individual, who currently resides at 1176 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055- 3. The Defendant has been a bona fide residents of the Common- wealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on July 23, 1994, in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. -1- 7. The Plaintiff avers that no children have been born of this marriage. 8. 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. 9. The Plaintiff requests the court to enter a decree of divorce. 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 P.C.S. 54904, relating to unsworn falsification to authorities. Date: July 1001 5-- STONE LaFAVER &..-SH?KLETSKI Of o I #60251 414 e et, P.O. Box E Ne Cumber d, PA 17070 elephone 7-774-7435 Attorne or Plaintiff -2- ! V z :. .T. f ?Q t. `1 ( V r ter.. . fi\diO SXAULZS,MYCALA-affofservice MYCALA WORLEY SHAULIS, Plaintiff v. GLENN DANIEL SHAULIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3796 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) I, ELIZABETH B. STONE, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, GLENN DANIEL SHAULIS, on August 9, 2005, at 1176 West Trindle Road, Mechanicsburg, PA 17055, by United States Certified Mail, post•fe prepaid, restricted delivery, on August 9, 2005, as evidenced by the attached Certified Mail return receipts. SWORN TO AND SUBSCRIBED before me this 11th day of - August Notary Publi COMMONWEALTH OF PENNSYLVANIA 'ELIZABETH $! S Attorney t LA NOTARIAL SEAL KATHLEEN KEIM,Notary Public I *j Now Cumbedand Boro. Cumberland Co. CommlWon Expires Dec 5,2006 U.S. i-ostal Service CERTIFIED MAIL RECEIPT ' Coverage Provid ed) T ru Article Sent o `D CE) r` Postage $ ??#(.00 SdS O a r? C3 certified Fag Z erk m M1 Retum R%elPt Fee , re (Endorsement Require[) Y C, C O Restricted Delivery Fee ? C3 (Endorsement Required) d a C3 7bfal Postage a Fees ? Q C N d Td ru rU M rly) be d by Ater) am ease Prlnt ? _ h ?i ?n - _L_t -- ----- tr _ -- -- - rset, A No.; or P Box N SCiS-?v 1• Y`: Z. Y:^ I ? ....-.-r ............... .......... O rv . - r- '" Ali niinntni?cl-r. t t ?A i117?? . Complete items 1, 2, and 3. Also complete A. R item 4 if Restricted (very is dealred. ¦ Print your name and dress on the reverse so that we can return he card to you. C. SI ¦ Attach this cans tot back of the mailpiece, x or on the front if spat permits. D. Is 1. Article Ad ed to: c ' - If ?hn n(,e??0.u?d z 111't^QWjl??T,?'1`ndylle?tn{.? CV.V?t W tW ,(" 15 & S N 1ft tt clerty) B. Data of Delivery ?V . it ? Ag t ? Ad F from item 1? ? yes4 No 0 9 2005 QrCer Zl ress Mall ? Registered LVFfeturn Receipt for Memhandise ? Insured Mall ? C.O.D. -T 4. Restricted Delivery? (Extra Fee) WKW 2. Article Number (Copy from service label) r I Dq`7 bb07 h (A W ''A (o PS Form 3811, July 1999 Domestic RAWWRO=Pt 702696,00-M-0952 . :eo c-? C". y c.:. d ? w TI C, nc C.0 N crs vs At Case No. Cl ?i? l? 1 VO?C?- G lcn n ?yieL Sy, ?-s V-A Statement of Intention to Proceed To the Court: P1 A ttri hl 1 C A14 ??" SAAIVIaS intends to proceed with the ove captioned matter. Print Name ' St y sign Name ?-,;Ol 9 i 3-0 Date: Attorney Explanatory The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. "? i`i i Glf .. - /h1 F ULI-OFFICE IN THE COURT OF COMMON PLikS HE €'PO TIIGNO A ,' CUMBERLAND COUNTY, PENNSYLV2MIttil y _2. mi 1 13 CIVIL DIVISION Glenn Daniel Shaulis Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. : File No. Q005- - O 379 ( Mycala Shaulis Defendant NOTICE OF INTENTION TO RETAKE PRIOR NAME Mycala Shaulis, being duly sworn according to law, deposes and says that a divorce action was filed on JU l y a(o aaos in Cumberland County in which she is the OPlaintiff ❑Defendant; that Mycala Shaulis elects to retake her maiden name (or prior name) of Mycala Worley, and gives this written notice avowing her intention in accordance with the provisions of 54 Pa. C.S.A. Section 704. Dated: NVat,Y a, dOIA aulis TO BE KNOWN AS: Sig On the a day of / V C( , 201 Lf , before me, Public, personally appeared Mycala Sh lis, known to me to be the person whose name is subscribed to in the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS THEREOF, I have hereunto set my hand and seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL -THOMAS W FOGELSONGER Notary Public SHIPPENSBURG TWP., CUMBERLAND CNTY My Commission Expires-Apt22, 2011 Notice of Intention to Retake Prior Name NO S ( 3. c)fr( CG5L Page 1 of 1 THE LAW OFFICES OF ELIZABETH B. STONE 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 909-1500 Facsimile: (717) 731-8115 estone@tanner-law.com 1.7L 1J - J CT THE PR'0.1-110NOTAR 213,14.UN 12 2: 1 2 1.,'Ulq3,3ERL NO COUN PENNS YL TYNIA MYCALA WORLEY SHAULIS, § Plaintiff v. § NO. 05-3796 GLENN DANIEL SHAULIS, § CIVIL ACTION - IN DIVORCE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 26, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of Divorce. 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. Date: ii/3/ /11- THE LAW OFFICES OF ELIZABETH B. STONE 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 909-1500 Facsimile: (717) 731-8115 estone@tanner-law.com MYCALA WORLEY SHAULIS, § IN THE COURT OF COMMON PLEAS Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA v. § NO. 05-3796 GLENN DANIEL SHAULIS, § CIVIL ACTION - IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST 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 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 made herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: / //3// �- 0.1. I f1\div\SHAULIS,MYCALA-affofservice MYCALA WORLEY SHAULIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3796 GLENN DANIEL SHAULIS, • CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS : COUNTY OF CUMBERLAND I, ELIZABETH B. STONE, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, GLENN DANIEL SHAULIS, on August 9, 2005, at 1176 West Trindle Road, Mechanicsburg, PA 17055, by United States Certified Mail, post_•fe prepaid, restricted delivery, on August 9, 2005, as evidenced b the attached Certified Mail return receipts . ,/*°09 LIZABETH ; 'ONE Attorney :w SWORN TO AND SUBSCRIBED before me this 11th day of August 05 . 5 . • Notary Publi' COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHLEEN KEIM,Notary Public New Cumberland Boro.Cumberland Co. My Commission Expires Dec.5,2006 r.r- i I,t U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Article Sent To: ru ca P- n Postage $ r�`� O L�y1 SdP� IT' ^ Certified Fee Oa O .y ll P- Return Receipt FeeME= to 't O (Endorsement Required) qio O Restricted Delivery FeeEMI 0 �C p (Endorsement.Required) L °' �,0 CI Total Postage&Fees MEM ON d ld ru rU am ease Print arty)(Tb be d by m ler) m a i ` treat,A :(No�.;or�P��Boox1N ,�tw. l e el D City, • t,ZIP 4 ._...__ _ .. N I.1 r Al 1' 1_ ._ XPi ..`J PS Norm 3800,July 1999 See Reverse tor Instructions SENDER: COMPLETE THIS SECTION COMPLE7;_ v ON DELIVERY • Complete items 1,2,and 3.Also complete A. Receive,tit Clearly) B. Date of Delivery item 4 if Restricted Divery IS desired. ■ Print your name and dress on the reverse so that we can return he card to you. C. Signet ■ Attach this card to th back of the mailpiece, X t O Ag t -or on the front if space permits. ❑Ad D. Is dei' c Ifferent from item 1? El Yes 1. Article Ad to: If y-4...,•'•� - � � K .. _ ,_, ■ No EG Vly1 ,t()ke(„SittC(.1AUIIS 'i, IMINIIIMS AUG 9 2005 f: antiosism I li LQ (AN2S1- Tot a k t a. , ,_ .. , . ....t... 011, V , `'t d"` .VAI CS V`luvc5., k(-4 1 /0 3 , , ri ress Mail e ®® 0 Registered � CYRetum Receipt for Merchandise • 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) INoges 2. Article Number(Copy from service label) ,lit 9 •c cool o►9ci)i : a IPS Form 3$511,July 1999 S i tic eIpt itn6 :o4•Fd-os52 '! THE LAW OFFICES OF ELIZABETH B. STONE 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 909-1500 Facsimile: (717) 731-8115 estone@tanner-law.com MYCALA WORLEY SHAULIS, § IN THE COURT OF COMMON PLEAS Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA v. § NO. 05-3796 GLENN DANIEL SHAULIS, § CIVIL ACTION- IN DIVORCE Defendant § AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 26, 2005. 2. The marriage of the 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 Divorce. 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. Date: /&//yhY Glenn Daniel Shaulis, Defendant THE LAW OFFICES OF ELIZABETH B. STONE 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 909-1500 Facsimile: (717) 731-8115 estone@tanner-law.com MYCALA WORLEY SHAULIS, § IN THE COURT OF COMMON PLEAS Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA v. § NO. 05-3796 GLENN DANIEL SHAULIS, § CIVIL ACTION - IN DIVORCE Defendant § WAIVER OF NOTICE OF INTENTION TO REQUEST 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 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 made herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Glenn Daniel Shaulis, Defendant MYCALA WORLEY SHAULIS, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL DIVISION GLENN DANIEL SHAULIS, : NO. 05-3796 CIVIL TERM 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. Ground for divorce: Irretrievable breakdown under§ (3301(c))and :r § (3301(d)(1))of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: By United States certified mail,restricted delivery on August 9, 2005. See attached Affidavit.of Service. 3. Compete either paragraph(a) or(b). (a) Date of execution of the affidavit of consent required by§ 3301(c)of the Divorce code: by plaintiff November 3, 2014 ;by defendant December 14, 2014 (b)(1)Date of execution of the affidavit required by § 3301(d)of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: None. 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 plaintiff's Waiver of Notice was filed with the Prot 'notary: November 12, 2014 Date defendant's Waiver of Notice was filed with the 'rothonotary: With the filing of this Praecipe to Transmit. Attorney for Pl, ntif 'i; endant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MYCALA WORLEY SHAULIS V. GLENN DANIEL SHAULIS : NO 05-3796 DIVORCE DECREE AND NOW (.4,4 1 ,oZiZ 416141 it is ordered and decreed that MYCALA WORLEY SHAULIS plaintiff, and GLENN DANIEL SHAULIS , 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.") By the Court, w. Attest: J. cA_ Pr. honotary CJ CoPe let( aiky Zfone Nice+cry mai W, debt