Loading...
HomeMy WebLinkAbout05-4634 Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Supreme Court 'D# 32112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON J. SHUTT, Plaintiff NO. Or; - ~fcJ'7 {!t~J.-,~~ CIVIL ACTION - LAW. v. MARK E, SHUTT, Defendant 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 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, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IFYOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDER 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, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON J. SHUTT, Plaintiff NO. D!:, ^I~.JY C{~~t-TSz..r CIVIL ACTION- LAW V. MARK E, SHUTT, DIVORCE Defendant COMPLAINT Plaintiff, SHARON J. SHUTT by attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCE 1. The Plaintiff is SHARON J. SHUTT, an adult individual who currently resides 51 07 Inverness Drive, Mechanicsburg, Cumberland County, PA 17050 since September 1997. 2. The Defendant is MARK E, SHUTT, an adult individual residing at 5107 Inverness Drive, Mechanicsburg, Cumberland County, PA 17050 since September 1997. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 7, 1989 in Dauphin County, PA. 5. There have been no prior actions of divorce or annulment between the parties. 6. 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. 7. Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. Plaintiff avers that the grounds on which the action is based are: A. Section 3301(c) Mutual Consent No-Fault: The marriage is irretrievably broken; B. Section 3301 (d) Non-Consent No-Fault: The marriage is irretrievably broken and the -1- parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II: EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 11. Plaintiff and Defendant have acquired property, both real and personal, and incurred debts during their marriage during the period from October 7, 1989, the date of their marriage until the date of their separation, all of which are "marital property" or "marital debts" . 12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property" . 13. Plaintiff and Defendant have been unable to agree as to an equitable division of the marital property and marital debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. Respectfully submitted, DCLlFF, ESQ IR 3448 Trin Road Camp Hill, PA 1701 1 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff -2- VERIFICATION SHARON J. SHUTT verifies that the statements made in this Complaint are true and correct. SHARON J. SHUTT understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. i~tl!C/)1 ?5Judt SHARON J. SHUTT Date: q/7 /05 , -3- ~ (0 ~ ~ RJ -iq. C) ~, C;:) () C.', ',U._.:_, -n -- ~ - Cl-1 -........ C> -.(J (/) Ii' \) ,- C> ~ w V( I ;Q Q co ......) "D D ~ ll' C> ,> ~ --... C> \ \._.~") --.-j (...) ..<. ~ ~ _.I P-... r:-~ ~ , ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON J. SHUTT, Plaintiff NO. 05.4634 v. CIVIL ACTION - LAW MARK E, SHUTT, DIVORCE Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Complaint in Divorce has been served upon the Defendant, Mark E. Shutt, by Certified Mail, Restricted Delivery on September 9, 2005. The return receipt is attached hereto as Exhibit "A" and made a part hereof. Respectfully submitted, DCLlFF, ESQ! 3448 Trin Road amp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court 10 # 32112 Attorney for Plaintiff - 1 - I".' Sl:NuER. COMPLf.lE: lH/~ ::,ELT/ON . Complete ttems 1, 2, and 3. Also complete ttem 4 If Restricted Delivery Is desired. . PrInt your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece. or on the front W space permits. 1. Article Addressed to: ~E~ 6-/0 7 ~ ./J..-L. . 'In.edz.~ yPtV - - - Ij 1'106-0 3.~Ice1'ype CertItIedMaJl Registered Cllnsured Mall 4. R ^"s --- ~.> D Express Mali"~~/ D Return Receipt for Merchandlee DC.D.D. (Extra Fee) .. 2. ArtIcle Number rn-n- from """'"" PS Form 3811, February 2004 7005 0390 0003 2641 5629 ' DomestIc Retum Rece(pt EXHIBIT "A" RETURN RECEIPT - 2 - 102596-02-M-1540 ~ -O\1J rnrn 2'::.0 :!:(- 0->". i-;i.";; ,< , ;:;:Q ~I...~" c:: Z ~ '" co" co Co c.. I"' ., C) ,. :rJ..,. mf::::' ~~ ;~.t.: - J {"; >,,~ ::!.jn'! 1:~ ;~ u "'t 3 'ti N &" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON J. SHUTT, Plaintiff NO. 05-4634 CIVIL TERM V. CIVIL ACTION - LAW MARK E. SHUTT, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 8, 2005. 2. The marriage of 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 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. 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. Dated: q(/~/6te a{&-J-t:--J L MAkK . SHUTT ~ '8 ~ ~:P- ~~. ?5:'J 5~ :::-t - ~ ca 'So: ~~.'~ ~~- m.r.:.. ~"';l ~~ ~O ~ ~ ~ ~ .." r--) c::> CP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON J. SHUTT, Plaintiff NO. 05-4634 CIVIL TERM V. CIVIL ACTION - LAW MARK E. SHUTT, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (Q OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 Waiver 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. D('tted: q Ito/ate 0i"fir -r_-JL MARK . SHU - ~ <;t\ ~ ~ ~ ~~ ~~, ~ -::e~ rnt-r" _" 'r__ \ 'k(: ~O '3~ m.::; p..,_' ~t ~ '=%~ iLg ~ ~ ~.~ '-B ~ y~ d> Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON J. SHUTT, Plaintiff NO. 05-4634 CIVIL TERM V. CIVIL ACTION - LAW MARK E. SHUTT, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 8, 2005. 2. The marriage of 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 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. 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. Dated: ct/lv/Ofo , ~;YSJzd& SHARON J. SHU 2 ~ -niT n'lr,' -.r'.,.. .$.--" ,-~"':. 2\:. cp." -:~ ..- \.:::c :~~ c:: ~l.) "J?C Z ~ g ct"' <.I'> CJ N (J1 ~ :..> ~ ~-n \"1'\ fD :gq 9 ~.'(; :::r:...,., ';:;0 Or-tO ~ ~ CP. N -1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON J. SHUTT, Plaintiff NO. 05-4634 CIVIL TERM V. CIVIL ACTION - LAW MARK E. SHUTT, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (Q OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 Waiver 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. Dated: O..J lit /0 G, I f5h/JA~ ?5Jw.:It- SHARON J. SHUTT (") c: s: "TJ CC' Q]r~ "'---,., -."l<' r.' Cr~! ) ;:::;, f- J..- - J>(h: :'-2:; i-, J:.~ C ~ ,...." = = CT'\ (/) rri -0 N U1 o -n 5!-n m- ~ 19 6e) :i~ :f{; DC) ."'-m o -I ~ -< > ::It 9? N C1'> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON J. SHUTT, Plaintiff NO. 05-4634 v. CIVIL ACTION - LAW MARK E, SHUTT, DIVORCE Defendant PRAECIPE TO WITHDRAW ECONOMIC CLAIMS TO THE PROTHONOTARY OF THE SAID COURT: Please withdraw the following marked economic claims heretofore raised by the Plaintiff in the above captioned matter: [ ] divorce [x] equitable distribution [ ] alimony pendente lite [ ] alimony [ ] counsel fees and costs Respectfully submitted, DIANE G DCLlFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court 10 # 32112 Attorney for Plaintiff ( () c <' g)f:f .0--. ,__.' ' ;;~-.. r-. en'-" ~' ~c ~53 '-^ z .:;) .... '" = = CT' V> rr"l V N U1 o .1 :t m::D I -om ;\)y ':~O (~!5 3j ^)~C) (Sm ---I ?x5 -< > :;: co .. N Q") IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON J. SHUTT, Plaintiff NO. 05-4634 v. CIVIL ACTION - LAW MARK E, SHUTT, DIVORCE Defendant PRAECIPE OF 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 Section 3301 (c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. b. c. Date of Filin~ of Complaint: Manner of Service of Comolaint: Date of Service of Comolaint: September 8, 2005 Certified Mail/Restricted Delivery September 9, 2005 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: September 15, 2006 b. Defendant: September 16, 2006 4. RELATED CLAIMS PENDING: All claims previously raised in this case have been withdrawn and there are no claims outstanding. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: b. Defendant's Waiver: September 25, 2006 September ~-AI ~ . RADCLIFF, ESQURE rindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 ,.....:> c:::I = c:r- (/) r"1\ -0 N UI ~ -4 ~::n -ohl~n -0 () ) ::;J -f, .- -11 1.)0 Zr-r1 o ~ ~ ?: --- CP .. N -..J 0f.0f. 0f.0f. 0f.0f. Of. Of. Of. :f. Of. '" Of. Of. "'''':f. '" Of.:f. :f.Of.:f.:f. :f. :f.Of.0f.:f.:f.0f.:f.:f. Of. Of.:f. Of. Of. if:f. Of. if if if Of. if if Of. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. SHARON J. SHUTT. No. 05-4634 CIVIL TERM Plaintiff VERSUS MARK E. SHUTT, Defendant DECREE IN DIVORCE AND NOW, ~~(, c:r ). rJl /.~ , ?OO(; , IT IS ORDERED AND DECREED THAT SHARON J. SHUTT , PLAI NTI FF, AND MARK E. SHUTT , 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; All claims previously raised in this case have been withdrawn, and there are no claims that remain or are outstanding. PROTHONOTARY if if if if Of. Of. Of. if Of. if ififif:f. if:f.if:f.:f. ifififififOf.:f.:f.Of. if ifif:f. Of. :f.Of.ifOf. :f.if:f.:f.:f.if:f.ifOf.Of.ifififOf.:f.:f.ififif:f.if ififif? if if if Of. if if if if if if if if if if if if if if if if if if if if if if if if if if if if if J. .-* ~ ~ ~ ~(/, /ie--p ~ ~ 3?- ~.~ --nJ 7/' k-L-5 .... .. . .