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HomeMy WebLinkAbout05-6279 JESSE V. SHOEMAKER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005 - w7bvIL TERM MARCIA A. SHOEMAKER, Defendant. IN DIVORCE NOTICE 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 in 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, 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 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 Car]isle, Pennsylvania 17013 717-249-3166 1-800-990-9108 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. JESSE V. SHOEMAKER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 2005 -l.ot1qCIVIL TERM MARCIA A. SHOEMAKER, Defendant. IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 330I(C) AND @ OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Jesse V. Shoemaker, by and through his attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Marcia A. Shoemaker. representing as follows: I. The Plaintiff is Jesse V. Shoemaker, an adult individual residing at 255 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Marcia A. Shoemaker, an adult individual currently residing at 1397 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on April 14, 1999 in Bell County. Texas. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT Dated: December 6, 2005 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~-) LL v'ad ~_ JESSE V. SHOEMAKER Date: December 6, 2005 . JESSE V. SHOEMAKER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005 - CIVIL TERM MARCIA A. SHOEMAKER, Defendant. IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: December 6, 2005 ;-),7 Q / Yo' .1 . V l8ir~~~L ,/JESSE V. SH EMAKER -~~ \r- 1 -~~) , ~..\ ~l .4-~) \,+ --~) 'J u? 02, ,,--1\ ~-v ~ -, =-:,< '-~ 'T"': '" <;..~S2~ .,- (:,.-; I o r-' \ ( :3-< .', c. ....-:) L; -- (/\ JESSE V. SHOEMAKER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACnON - LAW (,719 2005 - iiW9 CIVIL TERM MARCIA A. SHOEMAKER, Defendant. IN DIVORCE I, JOHN CHRONISTER, a competent adult, being duly sworn according to law, depose and say that at 3DD() I on January ~, 2006, I personally served by hand delivery the Complaint in Divorce in reference to the above-captioned case: To: Marcia A. Shoemaker 1397 Grandview Court Carlisle, PA 17013 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Date: c"4rJ' A/ ,2006 ~Z::~ ./JOHN CHRONISTER Sworn and subsc~ed before me thisJf dhy of January 2006. COMMO~~NNSYLJVANIA ~~FuIlIc My Olm,olwIw. , ElqlIroa &.pi- ~~7 Memllot, "'"........,,'. II..Ool.lIon 01 '11II1rIta c> -11 ~,.- :",;:-I c~, 1'<> -, JESSE V. SHOEMAKER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. DOMESTIC RELATIONS SECTION CIVIL ACTION - LAW IN DIVORCE MARCIA A. SHOEMAKER, Defendant. 2005-6279 - CIVIL TERM PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Marcia Shoemaker, the Defendant, in the above captioned matter. January 24. 2006 . ' / / .'/..' Ke;~---. Certified Legal Intern FAMILY LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 r,: JESSE SHOEMAKER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE MARCIA SHOEMAKER Defendant : NO. 05- 6279 CIVIL TERM NOTICE TO PLAINTIFF If you wish to deny any of the allegations set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in April 14, 2003, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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~ ~/f Marcia Shoemaker, Defendant r-.> ~ c.:::> cor.. <::) r~ I ~'- s;; N C) JESSE SHOEMAKER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : IN DIVORCE MARCIA SHOEMAKER Defendant : NO. 05- 6279 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DECREE TO: MR. SHOEMAKER You have commenced an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the ~ 3301(d) affidavit. Therefore, on or after November 14,2006, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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. 1"',,':\ :!'..:.:':) \..:.::..:.;.) (:.::J' 0.1'";~_ "', -.- \,J f') o C) JESSE SHOEMAKER Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LA W : IN DIVORCE MARCIA SHOEMAKER Defendant : NO. 05- 6279 CIVIL TERM CERTIFICATE OF SERVICE I, Andrea Zook, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of a Praecipe to Transmit Record and Divorce Information Sheet, to Marcus McKnight, attorney for Plaintiff, by first class U.S. Mail, postage prepaid, on this 21st day of November, 2006, to the following address: Marcus McKnight, Esq., 60 W Pomfret Street Carlisle, PA ~~ C) ~ Andrea Zook ~ Certified Legal Intern d vJ~ Lucy J n- Walsh, Esq. SupervIsing Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 () ( -' : / ~1' __.1 "'-'\- ("\ r<) -- -z.~~ --"".~ t:~., o <~J ....:, '- ,. .. JESSE SHOEMAKER Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - LA W : IN DIVORCE MARCIA SHOEMAKER Defendant : NO. 05- 6279 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infonnation, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown and separation for two years under ~ 330Hd) ofthe Divorce Code. 2. Date and manner of service of the complaint: Personal service on Defendant at 1397 Grandview Court. Carlisle. P A 17013 on January 4. 2005. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by ~ 330l(c) of the Divorce Code: by PlaintiffN/A ; by Defendant N/A. (b)(1) Date of execution of the affidavit required by ~ 3301(d) ofthe Divorce Code: October 4. 2006: (2) Date of filing and service of the defendant's affidavit upon the plaintiff: Filed and served on October 4. 2006. 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice oflntention to Request Entry of Divorce Decree, a copy of which is attached: Service by first class mail on October 25. 2006. (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: Date defendant's Waiver of Notice was filed with the Prothonotary: I -- .. Date /1/2/ L 01/ , , Andrea Zook Certified Legal Intern /~JBl {, Robert . Lucy Jo ton-Walsh, Esquire Anne MacDonald-Fox, Esquire Thomas M. Place, Esquire William G. Martin, Esquire Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 C) .1 N -;-':, 1') e, c' ~ '" '" if.if.;Ii ffi if. :Ii :Ii:li :liif.'" :Ii if. :+;if. '" '" '" "'''':Ii IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. JESSE SHOEMAKER No. 2005 - 6279 Plaintiff VERSUS MARCIA SHOEMAKER nAfAniL"lnt AND NOW, DECREE IN DIVORCE ~ ~ ~ ~'" IT IS ORDERED AND DECREED THAT Jesse Shoemaker , PLAINTIFF, AND Marcia Shoemaker , DEFEN DANT, 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; Nono ATTES~~ _ ~ROTHONOTARY "'''' '" "'''''''''''''''' "'~'f."'''':+; :II"'''' "''''''''''''' 'f. ;Ii"'''' "''f.'''''' "'''':+: '" "''''''''''''':+: '" !+\ J. -'1-;/ ~ ~ ~ !(l.I,. e/ ~;l1V r ~ ~ Io4v - -rr; IJ(/-!r ('I ~ - .. " .... ..... '!