HomeMy WebLinkAbout05-5464
MICHELE SCHAEFER,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
; No. 20(;5'- 59(,,'-1
Civil Term
ALAN B. SCHAEFER,
Defendant
: ACTION 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.
Where 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 at the
Office of the Prothonotary, Cumberland County Courthouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 St.
Carlisle, Pa. 17013
(717) 249-3166
MICHELE SCHAEFER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. !J .5-, -!i-II t.- 'f
Civil Term
ALAN B. SCHAEFER,
Defendant
ACTION IN DIVORCE
COMPLAINT IN DIVORCE
COUNT I - DIVORCE
I. Plaintiff is Michele Schaefer, a competent adult individual, who has resided at 49
Leni Lane, Cheekcowhea, NY, 14225 since July 18,2005.
2. Defendant is Alan B. Schaefer, a competent adult individual, who has resided at 2132
Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania, since 1998.
3. Defendant has been a bona fide resident of the Commonwealth for at least 6 months
immediately previous to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on May 26, 1990 in Buffalo, New York.
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 that plaintiff may have the
right to request that the court require the parties to participate in counseling.
7. Plaintiff and Defendant have three children together; namely, Morgan Schaefer, date
of birth 7/24/93; Matthew Schaefer, date of birth 3/8/95; Christopher Schaefer, date of birth
12/26/97.
8. Plaintiff and Defendant are both citizens of the United States of America.
9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States
of any of its allies.
10. The Plaintiff avers that the grounds on which this action is based are:
(a) that the marriage is irretrievably broken pursuant to 23 Pa.C.S. 3301(c);
(b) that Plaintiff has suffered such indignities as to render her condition
intolerable and life burdensome pursuant to 23 Pa.C.S. 3301(a)(6).
WHEREFORE, Plaintiff requests the court to enter a decree in divorce.
COUNT II - EOUlTABLE DISTRIBUTION OF PROPERTY
11. During the course of the marriage, the parties have acquired numerous items of
property, both real and personal, which are held in joint names and in the individual names of
each of the parties hereto.
12. Plaintiff and Defendant have been unable to agree as to an equitable division of said
property .
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the
Defendant, to equitably divide the property, both real and personal, owned by the parties hereto
as marital property.
Respectfully submitted,
D"" (O/tq/o,,-
e Adams, Esquire
LD. No. 79465
64 South Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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. 94904 relating to unsworn
falsification to authorities.
Date: ltJ!/Q 10-
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ichele Schaefer, Plainti '
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vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. D;- ~ 5[../0 L I Civil Term
ACTION IN DIVORCE
MICHELE SCHAEFER,
Plaintiff
ALAN B. SCHAEFER,
Defendant
AFFIDAVIT OF SERVICE
AND NOW, this October 25,2005, I, Jane Adams, Esquire, hereby certifY that
on October 20,2005, a certified true copy of the NOTICE TO DEFEND and COMPLAINT IN
DIVORCE was served, via certified mail, restricted delivery, return receipt requested, addressed
to:
Alan B. Schaefer
2132 Canterbury Dr.
Mechanicsburg,Pa.17055
DEFENDANT
. Complete items 1, 2, and 3. Also complete
item 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 mailpiece,
or on the front if space penn its.
1. Article Addressed to:
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~rtified Mall 0 Express MiU
~ bv..- 1 'A 0 Regis'e"'d 0 Return R:e;pt for Me",handise
~ 17 0 Insured Mail 0 C.O.D.
OS5 4. Restricted Delivery? (Extra Fee) ~s
.
D. Is delivery address different from ite~.-:D..1" ~. ~~.
If YES, enter delivery address b~~S~~.I;:'"
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2. Article Number
(Transfer from service label)
, PS Form 3811, February 2004
7004 1350 0003 7288 4868
Domestic Return Receipt
102595-Q2.M-1540
Respectfully Submitted:
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J e Adams, Esquire
, . . No. 79465
64 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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MICHELE SCHAEFER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 2005 - 5464 Civil Term
ALAN B. SCHAEFER,
Defendant
ACTION IN DIVORCE
PLAINTIFF'S PETITION FOR SPECIAL RELIEF
I. Plaintiff is Michele Schaefer, (hereinafter referred to as "Wife"), who has resided at 49
Leni Lane, Cheektowaga, NY, 14225 since July 18,2005.
2. Defendant is Alan B. Schaefer, (hereinafter referred to as "Husband"), who currently
resides in the marital home at 2132 Canterbury Drive, Mechanicsburg, Cumberland County,
Pennsylvania.
3. Husband and Wife were married on May 26,1990 in Buffalo, New York; however,
they resided in Mechanicsburg, Pennsylvania, during the course of their marriage.
4. A divorce was filed under the above-captioned number on October 19, 2005.
5. Plaintiff and Defendant have three children together; namely, Morgan Schaefer, age
12, Matthew Schaefer, age 10, Christopher Schaefer, age 7; the children currently reside with
Wife in Cheektowaga, New York.
6. After Wife left the marital home, on July 18, 2005, she contacted Husband to request
certain items of personal property, such as the children's furniture from the marital home. A list
of such items is attached as Exhibit A.
7. The children are currently sleeping on mattresses and futons since they are not in
possession of their bedroom furniture.
8. The marital home is currently titled in Husband's name alone. After Wife requested
personal items from Husband, the parties were unable to reach an agreement allowing Wife to
obtain the items. After the parties were unable to agree, Husband said he would call the police if
Wife came to the home to get the items.
9. On or about November 30, 2005, after Wife made yet another request for the personal
items, Husband said "everything that is important to you is gone."
10. On the evening of December 5, 2005, Husband said that he was going to contact an
auctioneer to auction off the contents of the marital home.
11. Wife currently has no access to the marital home. Wife is extremely concerned that
items of personal property may be removed or destroyed.
12. If Husband removes or sells all property in the home, it will be impossible to have an
inventory and appraisal completed.
13. The marital home is currently listed for sale with Realtor Pat Burke.
14. To date the parties have had no offers on the marital home. Wife would like to
reduce the listed sales price, but Husband refuses to do so.
15. Wife is requesting that the Court:
a. Order Husband to provide Wife with the items listed on Exhibit A within thirty
(30) days so that the parties' children will have adequate sleeping arrangements
and their personal possessions.
b. Order Husband to not dispose of or move any items in the home.
c. Order Husband to allow a certified appraiser in the home within ten (10) days
so that an inventory may be made and that the items in the home may be
appraised.
d. Order Husband to cooperate with the Realtor and accept her recommended
price for listing the marital home.
e. Order that all proceeds from any sale of the marital home be held in escrow
until further agreement of the parties or Order of Court.
WHEREFORE, Wife prays this Honorable Court enter an Order providing the relief
requested.
Respectfully submitted,
Date: 12 - )6- <-->:JS-
.,
ams, Esquire
. 79465
4 uth Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
Schaefer v. Schaefer
Petition for Special Relief
December 16, 2005
EXHIBIT A
Children's items: Morgan's bedroom set and room contents, Matthew's bedroom set and room
contents Christopher's cedar chest and night stand plus contents of room (not bed or dresser), Bed
linens and comforters for children's beds, Basketball net, Morgan's downstairs room furniture,
any toys that belong to the children, any clothes that still remain in the house.
Items that were Michele's before marriage: Three tier table in living room, contents of curio
cabinet (teacups, decanter, crystal, eggs), Pink crystal, china and contents of china cabinet,
Rocking chair in family room, small table at the top of the stairs, oak table in master bedroom
with four chairs, baby dresser in master bedroom.
Items that were gifts to Michele: Lennox lamp in living room, curio cabinet, Christmas dishes
Other items requested: One of the three couches or the wing back chair.
VERIFICATION
I verifY that the statements made in this Petition for Special Relief 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: \ 2- ~ (.;-' - V ~s.----"'"
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MICHELE SCHAEFER,
Plaintiff
vs.
ALAN B. SCHAEFER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 2005 - 5464 Civil Term
: ACTION IN DIVORCE
ORDER
AND NOW, this
"2 'l."" day of ;lX.... 1..,-
, 2005, upon consideration of
Plaintiff's Petition for Special Relief, a RULE is hereby issued upon respondent, Alan B.
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Schaefer, to show cause, if any he should have, why the relief requested in the attached petition
should not be granted.
RULE RETURNABLE within
upon Alan B. Schaefer.
cc: Jane Adams, Esquire
Alan B. Schaefer, Defendant
2-0 days of servic(: of this Order and Petition
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MICHELE SCHAEFER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 2005 - 5464 Civil Term
ALAN B. SCHAEFER,
Defendant
ACTION IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this January 24, 2006, I, Jane Adams, Esquire, hereby certifY that
on January 4, 2006, a certified true copy of the PETITION FOR SPECIAL RELIEF was served,
via certified mail, return receipt requested, addressed to:
Alan B. Schaefer
2132 Canterbury Drive
Mechanicsburg, Pa. 17055
DEFENDANT
. Complete items 1, 2. and 3. Also complete
item 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 mail piece,
or on the front if space permits.
1. Article Addressed to:
1lo.1an Scha~er
2132 Canterryurv Dr
~echanicsryurq ?1lo. 17055
o Agent
o Addressee
C. Date of Delivery
D. Is delivery address different from Item 1? 0 Yes
If YES. enter deliVery address below: 0 No
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S\servi ype / I
'l:irCertlfied tv'!,alJ~-'~ Express Mail
o R~ered; 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number
(fransfer from service lat
7005 0390 0003 2635 3921
PS Form 3811, February 2004 Domestic Return Receipt
0spe;::sun~hwe-._
~ J Adams, Esquire --
h . No. 79465
64 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
102595..o2-M-1540
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MICHELE SCHAEFER,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2005 - 5464 Civil Term
ALAN B. SCHAEFER,
Defendant
ACTION IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this January 24, 2006, I, Jane Adams, Esquire, hereby certiry that
on January 10,2006, a certified true copy of the RULE TO SHOW CAUSE was served, via
certified mail, return receipt requested, addressed to:
Alan B. Schaefer
2132 Canterbury Drive
Mechanicsburg,Pa.17055
DEFENDANT
SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
item 4 jf 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 mailpiece,
or an the front if space permits.
1. Article Addressed to:
Alan "3 Schaefer
2132 Canterbury Dr
M~ch~nicsburq p~ 17055
:3. Service Type
~ertified Mail
o Registered
o Insured Mail
o Express
o Return Receipt for Merchandise
Dc.o.o.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number
(Transfer from service label'
7DD5.D39!LDDD3 ,~635 3976
10259S..o2-M-1540
PS Form 3811 , February 2004 Domestic Return Receipt
Kespectfully Submitted:
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Adams, Esquire
. . No. 79465
64 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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MICHELE SCHAEFER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 2005 - 5464 Civil Term
ALAN B. SCHAEFER,
Defendant
ACTION IN DIVORCE
MOTION TO MAKE THE RULE
AND NOW COMES, Michele Schaefer, by and through her attorney, Jane Adams,
Esquire, and represents the following:
1. Plaintiff is Michele Schaefer, (hereinafter referred to as "Wife"), who has resided at 49
Leni Lane, Cheektowaga, NY, 14225 since July 18, 2005.
2. Defendant is Alan B. Schaefer, (hereinafter referred to as "Husband"), who currently
resides in the marital home at 2132 Canterbury Drive, Mechanicsburg, Cumberland County,
Pennsylvania.
3. On or about December 19'\ 2005, Plaintiff filed a Petition for Special Relief requesting
that:
a. Husband provide Wife with the items listed on Exhibit A within thirty (30)
days so that the parties' children will have adequate sleeping arrangements and
their personal possessions.
b. Husband not dispose of or move any items in the marital home.
c. Husband allow a certified appraiser in the home within ten (10) days so that an
inventory may be made and that the items in the home may be appraised.
d. Husband cooperate with the Realtor and accept her recommended price for
listing the marital home.
e. All proceeds from any sale of the marital home be held in escrow until further
agreement of the parties or Order of Court.
4. On December 22, 2005, a Rule was issued upon Defendant, to show cause, if any, why
the relief requested should not be granted. (Please see Exhibit B).
5. Counsel for Plaintiff served a copy ofthe Petition and the Rule upon Defendant via
certified mail. (Affidavits of Service regarding the Petition and the Rule are attached as Exhibit
C and D).
6. In addition, Plaintiff visited the marital home since the filing of the petition and
noticed that many items had been removed from the marital home; she believes they may have
been placed in storage units.
7. As of January 30, 2006, Counsel has not received any response regarding the petition
as to why the Rule should not be granted.
WHEREFORE, Jane Adams, Esquire, respectfully requests this Honorable Court to
make the Rule absolute and grant the relief requested in the above-captioned matter.
Respectfully Submitted,
Date: 1-30- D ("
_~7--
Schaefer v. Schaefer
Petition for Special Relief
December 16, 2005
EXHIBIT A
Children's items: Morgan's bedroom set and room contents, Matthew's bedroom set and room
contents Christopher's cedar chest and night stand plus contents of room (not bed or dresser), Bed
linens and comforters for children's beds, Basketball net, Morgan's downstairs room furniture,
any toys that belong to the children, any clothes that still remain in the house.
Items that were Michele's before marriage: Three tier table in living room, contents of curio
cabinet (teacups, decanter, crystal, eggs), Pink crystal, china and contents of china cabinet,
Rocking chair in family room, small table at the top of the stairs, oak table in master bedroom
with four chairs, baby dresser in master bedroom.
Items that were gifts to Michele: Lennox lamp in living room, curio cabinet, Christmas dishes
Other items requested: One of the three couches or the wing back chair.
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MICHELE SCHAEFER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 2005 - 5464 Civil Term
ALAN B. SCHAEFER,
Defendant
: ACTION IN DIVORCE
ORDER
AND NOW, this ).) NL day of ~~, 2005, upon consideration of
Plaintiffs Petition for Special Relief, a RULE is hereby issued upon respondent, Alan B.
Schaefer, to show cause, if any he should have, why the relief requested in the attached petition
should not be granted.
RULE RETURNABLE within ,) 0 days of service of this Order and Petition
upon Alan B. Schaefer.
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cc: Jane Adams, Esquire
Alan B. Schaefer, Defendant
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MICHELE SCHAEFER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 2005 - 5464 Civil Term
ALAN B. SCHAEFER,
Defendant
ACTION IN DIVORCE
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AFFIDA VIr OF SERVICE
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AND NOW, this January 24, 2006, I, Jane Adams, Esquire, hereby certifY that
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on January 10, 2006, a certified true copy of the RULE TO SHOW CAUSE was served,:vja c_,
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certified mail, return receipt requested, addressed to:
Alan B. Schaefer
2132 Canterbury Drive
Mechanicsburg, Pa. 17055
DEFENDANT
. Complete Items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address 6n the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. ArtICle Addressed to:
Alan 13 Schaefer
2132 Canterbury Dr
MechanicsburqPA 17055
3. Service Type
~ertlfied Mall D Express
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number
(Transfer from servfce laber...
70.05,.039[:1 ,:00,0326.35 3979.-,
.' .'.....
PS Form 3811, February 2004 Domestic Return Receipt
Kespectfully Submitted:
{Q 02- ;!
,rl Adams, Esquire
~. . No. 79465
64 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
102595"02-M-1540
S><tt11S1J C'
MICHELE SCHAEFER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANl1p
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vs.
No. 2005 - 5464 Civil Term
f'.,)
ALAN B. SCHAEFER,
Defendant
ACTION IN DIVORCE
AFFIDAVIT OF SERVICE
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AND NOW, this January 24, 2006, I, Jane Adams, Esquire, hereby certifY that
on January 4,2006, a certified true copy of the PETITION FOR SPECIAL RELIEF was served,
via certified mail, return receipt requested, addressed to:
Alan B. Schaefer
2132 Canterbury Drive
Mechanicsburg, Pa. 17055
DEFENDANT
. Complete items 1, 2, and 3. Also complete
item 41f 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 mailpiece,
or on the front if space permits.
1. Article Addressed to:
Alan Schaefer
2132 Canterburv Dr
~echanicsburq Pl\. 17055
X
B. Recel~"by (Printed Name)
o Agent
o Addressee
C. Date of Delivery
D. Is delivery address different from It 1? DYes
If YES, enter delivery address below: 0 No
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3:. -Servl ype "
~Certlfied ~~<f: Express Mall
o "R~stermi ,~,." . 0 Return Receipt for Merchandise
o Insured Mall 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number
(Transfer from servIce fat
7005 0390 0003 2635 3921___
PS Form 3811, February 2004 Domestic Return Receipt
( es~e~tfullY su(~ttet
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(J Adams, Esquire
, 10 . . No. 79465
64 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
102595-02-M-154C
eXt-h fS l \
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CERTIFICATE OF SERVICE
AND NOW, this January 30, 2006, I, Jane Adams, Attorney for Plaintiff, Michele
Schaefer, hereby certifY that a copy of the MOTION has been duly served upon the following
parties, by placing such in the custody ofthe United States Postal Service, via certified mail,
postage pre-paid addressed to:
Alan B. Schaefer
2132 Canterbury Dr.
Mecharricsburg,Pa.17055
DEFENDANT
64 South Pitt St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR
PLAINTIFF
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MICHELE SCHAEFER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 2005 - 5464 Civil Term
ALAN B. SCHAEFER,
Defendant
ACTION IN DIVORCE
AND NOW, this Z. -:! day of f;.,6vv"J , 2006, upon consideration of
Plaintiff's Petition for Special Relief, it is hereby ORDERED and DECREED:
a. Husband shaH provide Wife with the items listed on Exhibit A within thirty
(30) days so that the parties' children wiH have adequate sleeping arrangements
and their personal possessions.
b. Husband shaH not dispose of or move any items in the marital home.
c. Husband shall aHow a certified appraiser in the home or to any other place
where the marital property is located, such as a storage unit, within ten (10) days
so that an inventory may be made and that the items may be appraised.
d. Husband shaH cooperate with the Realtor and accept her recommended price
for listing the marital home.
e. AH proceeds from any sale of the marital home be held in escrow until further
agreement of the parties or Order of Court.
cc:
Jane Adams, Esquire ,
Alan B. Schaefer, Defendant "~
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MICHELE SCHAEFER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA
vs. : No. 200S - 5464 Civil Term
ALAN B. SCHAEFER, : ACTION IN DIVORCE
Defendant
PRAECIPE TO DISCONTINUE AND END
TO THE PROTHONOTARY:
AND NOW, this I~ day of ~
please mark the abOve-captioned case discontinued an~ended.
,2006,
Respectfully Submitted,
Date: III q /0 C
e Adams, Esquire
. No. 79465
4 S. Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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