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HomeMy WebLinkAbout05-5678 MELISSA A. SHUTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE 5(.; 7~ : NO. 05- CIVIL TERM TREVOR W. SHUTT, Detendant 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, Cumberland County Courthouse, Carlisle, Pennsylvania. 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 Bedford Street Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. MELISSA A. SHUTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE : /f.,'1f : NO. 05_.!J CIVIL TERM TREVOR W. SHUTT, Defendant COMPLAINT UNDER 23 Pa.C.S. llll 3301(c) and (d) OF THE DIVORCE CODE The Plaintiff, Melissa A. Shutt, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE I. Plaintiff is Melissa A. Shutt, who currently resides at 215 Wyoming Avenue, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Trevor W. Shutt, who currently resides at 205 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on February 14, 1997, in Rutherford, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff and Defendant have lived separate and apart since March 2005. 7. The marriage is irretrievably broken. 8. 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. WHEREFORE, the Plaintiff requests that the Court enter a decree of divorce. Respectfully Submitted, Date I! /10;) ~d~4 , BRENDA COPP E Certified Legal Intern . ('7 ..I{:L2,A -t'vtl i) L STON- WALSH A CDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 . VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date I{JJc2~/ 0 S I PlaintiffJ1&LMu,~@W~ Melissa A. Shutt ~.. ~. '-'-, ------- R:'~ ~ "" ~ o -G~~' n~r\" ;0, ." r--" C' '"" c.f' - 25 ..:: (:'\ r~;~~. j.~' ,.' ..,."',, ! ,~-- (~- ':D' ':~_, :'::i ..<. 0. cQ -C~~. ~,. :'.T\.-jf.~ , "r',""'" rrr~'( . ~1:} z.,.;..., 'j:"'V:} , .,~~ -Q ~'i -......',.1. - o -'0 %"'J f:: 138 ':) , :~C) __r"."t. (j:;J --,-,..,.1) (~)({1 '-'~\ "" ?l. -'<) ::J(, ~ - - r-> ~~ ~, ~ :.:{~) ~_..' E5/j}i\ -?rffi c-.r= .< c::> - MELISSA A. SHUTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE ~<c, / t : NO. 05- CIVIL TERM TREVOR W. SHUTT, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Melissa A. Shutt, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Dateiliri- ~1d~ BRE~A COPP E ' Certified Legal Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 <:) ~; -uf? IT," ...?. '~:L-' ;;.:. ; <J);'; ;..-:> f,,:':( .' :i> ." 'Y"r. k.,i.-:" )>(" 2 =< ------ "" g .". ~ c::> ..c: I o "'n :t-n 1')1,- -om coO g9 }--H '=~(-) :-'<,fl'l :;.':.\ ;t>- :>;;! -0 :::: ~ - .. t. . ... MELISSA A. SHUTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE TREVOR W. SHUTT, Defendant : NO. 05-5678 CIVIL TERM CERTIFICATION OF SERVICE I, Brenda Coppede, Certified Legal Intern, Family Law Clinic, hereby certify that I have served a true and correct copy ofthe Complaint for Divorce on Trevor W. Shutt, residing at 205 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested. Service was complete upon receipt by Trevor W. Shutt on November 9, 2005, as evidenced by the attached green card with the article number 7005 0390 0003 2632 4846. ,6!,&r ~~ / BRENDA COPP DE Certified Legal Intern f F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 . Complete itUls 1, 2, and 3. Also complete item 4 if Restricted Deliv81Y is desired. . Print your name and address on the reverse so that we ron 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: --T(el/()( {ff sAuff 805' 5t-/5o..uehal1n!<.. ituL. [ro [! / !I, ff/ f1 {)&..5'" 7005 0390 0003 2632 C. Date of Delivery ,-f-Of D. Is delivery address different from item 1? 0 Yes If YES. enter delivery address below: 0 No 3. Service Type .lItcertlfled Mail 0 Express Mail o Registered ~Retum Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) as 4846 102595-02-M-1540 PS r&.m 3811, February 2004 Domestic Return Receipt Ms. Melissa A. Shutt , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE Mr. Trevor W. Shutt , Defendant : NO. 05- 5678 CIVIL TERM AFFIDAVIT OF CONSENT l. A Complaint in Divorce under !l!l3301(c) of the Divorce Code was filed on November 1,2005. 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 of 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. !l4904, relating to unsworn falsification to authorities. Dat~/<26JO(P /t{~. ~4(~1f Ms. Melissa A. Shutt, Plaintiff (') c: "'" = :..:::-., c,.... ::;z:. ". ~o -' o .rl -I .. n;:Tl r -r.!T't ':.';C: "-'J L _t) ,.I :-1_' ~s.: ; '..;; {n '--,../ ~.:_-~ 1-:;- ~D -< c.:' Ms. Melissa A. Shutt , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE Mr. Trevor W. Shutt, Defendant : NO. 05- 5678 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I. 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. 94904 relating to unsworn falsification to authorities. Date~6t. /J ~ ra~ ,~7j~~ ~ .. e "'. M""'~ A. Short, PJ""",, f-.::! ~~~; cr" ..". ~, ::;~ - ......l o 'T1 .-\ :;C..,., ~l,;;~ ",)/;. ::.:;..~ - - .':0 .~:; ',.\ \ ( ) '._, ..:... :~l (;'1 Ms. Melissa A. Shutt, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE Mr. Trevor W. Shutt, Defendant : NO. 05- 5678 CIVIL TERM AFFIDAVIT OF CONSENT I. A Complaint in Divorce under ~S 3301(c) of the Divorce Code was filed on November 1,2005. 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 ofa final decree of 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. ~4904, relating to unsworn falsification to authorities. Date:~~ 0 '1'-,) C) ,:~'-~ C' ~:::) -','1 ,:;--, . .-( . '\:':l'~ :C4) ;:(J tl1?-. -("'1::0. --:.)'--.-' -J , " ; .. -n .' C) , ;-:-1 . - ::1 L.n ::lJ ....::.;. Ms. Melissa A. Shutt, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE Mr. Trevor W. Shutt, Defendant : NO. 05- 5678 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I. 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 herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. OM' oI)i;0(' ~ r.::::" k"'r' -:;; -:-'):1" ~;;O -- , - y. () ~'n ,..-\ "1: """0 ~;~:. " ..~_-;r~\ ':-:~~ ){i :4 ",;:;P -:S::. - - " 'J' - Ms. Melissa A. Shutt , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION- LAW : IN DIVORCE AND CUSTODY Mr. Trevor W. Shutt , Defendant : No. 05- 5678 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under S330 I (c) ofthe Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Mr. Trevor W. Shutt, November 9, 2005. 3. Date of execution of the affidavit of consent required by S3301 (c) of the Divorce Code: by plaintiff- February 25, 2006; by defendant- February 26, 2006. 4. Related claims pending: none 5. Date plaintiff's Waiver of Notice was filed with the Prothonotary: March 17,2006. Date defendant's Waiver of Notice was filed with the Prothonotary: March 17,2006. ~/t!J.!00 Date F AMIL Y LAW CLINIC 45 N. Pitt Street Carlisle, P A 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff .. .' . .. . . +>+:++++++C+:++++ +++:+:+:++:f ++++++.+++.+.++++++.+++++++.+++++++++.~ . . . . . . . . . . . . . , . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . +.++++++++++:+ IN THE COURT OF COMMON PLEAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +. . . . . +. '. <<' . + OFCUMBERLANDCOUNTY STATE OF MELISSA A. SHUTT, Plaintiff VERSUS TREVOR W. SHlJTT, Defendant AND NOW, . , , , + . + . +. . . . + . . . + . + . . . . , . . . . + . , + , . + . . . . . . . . . . . . . + . . + + . . ++:+++++++++ DECREED THAT AND PENNA. NO. 5678 DECREE IN DIVORCE a,oY,'1 ;7' ,-2006 , IT IS ORDERED AND MELISSA A. SHUTT TREVOR W. SHlJ'rT ARE DIVORCED FROM THE BONDS OF MATRIMONY, 2005 , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT ++++;+:++++ +++++:+'+:+ NONE By THE COURT: '/I +++++ . +:+::+':+ Of.:+ .. +++++++++++++++++.+++++++++++ PROTHONOTARY J. + . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . , . . . . .' _ ~ 2' t13'-7>n i'in.,2.'P;L, /}:.J?~c'll '7 ~z.. l'1T,y-r/' '4-;:/0{?/-'l) J)J)c'- /r . ~ ~ < "'"