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HomeMy WebLinkAbout06-2054 :i ~ SHANDA R. PALMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - :<051 CIVIL TERM CIVIL ACTION-LAW v. I II i I II il " TIMOTHY L. PALMER, Defendant 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. II 'I , 'I " ii " il I, !: ii I 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. ; i I 'I I I 11 " Ii 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 " SHANDA R. PALMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006- CIVIL TERM TIMOTHY L. PALMER, Defendant CIVIL ACTION-LAW DIVORCE COMPLAINT 1. Plaintiff, Shanda R. Palmer, is an adult individual residing in Cumberland County, Pennsylvania, and is represented by Michael A. Scherer, Esquire, 19 West South Street, Carlisle, Pennsylvania, 17013. 2. Defendant, Timothy L. Palmer, is an adult individual residing in Cumberland County, Pennsylvania, and is represented by Nathan Wolf, Esquire, 10 West High Street, Carlisle, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. I I[ I. i 4. The Plaintiff and Defendant were married on December 29, 1997 in Hagerstown, Washington County, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. 8. In the alternative to the no-fault grounds, Plaintiff alleges that in violation of his marriage vows, Defendant has over a period, in Cumberland County and other places, offered such indignities to the person of the Plaintiff as to render her condition intolerable and life burdensome. 9. This action in divorce is not conclusive. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, i II II II " II II I O'BRIEN, BARIC & SCHERER ?P/t.U( Iv t Michael A. Scherer, Esquire 1.0. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff I !I II I I I I " SHANDA R. PALMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006- CIVIL TERM TIMOTHY L. PALMER, Defendant CIVIL ACTION-LAW VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand i I I I i I ! i il I I ,I II i that false statements herein are made subject to the penalties of 18 Pa. C.SA S 4904, relating to unsworn falsification to authorities. Date: April '7 , 2006 ,--<\hi11~OK. :RJm()\ SHANDA R.' PALMER --.'\ -n ,I i'~.} ,,1 ""' II I I, I' I SHANDA R. PALMER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - J-05 t.j CIVIL TERM TIMOTHY L. PALMER, Defendant CIVIL ACTION-LAW PETITION TO PROCEED INFORMA PAUPERIS 1. I am the plaintiff in the above-captioned matter; and because of my financial condition, I am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (A) Name: Shanda R. Palmer Social Security #: 205-64-7852 Address: Cumberland County, Pennsylvania (B) Employment: If you are presently employed, state: Employer: Carlisle Family YMCA Address: 311 South West Street, Carlisle, Pennsylvania, 17013 II I Salary or wages per month: $600-$800 Type of work: Fitness Room Trainer/ Massage Therapist If you are presently unemployed, state: Date of last employment: Salary or wages per month: Type of work: (C) Other income within the past twelve months: Business or profession: Other self-employment: Interest: Dividends: Pensions or annuities: Social Security: II \, Support payments: $440.00/month Disability payments: Unemployment Compensation: Worker's compensation: Public assistance: Other: Food Stamps $230.00/month (D) Other contributions to household support: (Wife) (Husband) Name: N/A If your spouse is employed, state: Employer: Salary or wages per month: Contributions from children/parents: Type of work: Other contributions: (E) Property owned Cash or checking: $500 Savings or other deposits: Real estate: Value of motor vehicle(s): Stocks or bonds: Other: (F) Debts and obligations Mortgage: Loans: Rent: $178.00 Support payments: Credit cards: Other: (G) Persons dependent upon you for support Spouse: Children: Jedaiah G. Palmer Caleb J. Palmer Age: 6 4 ii SHANDA R. PALMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006- CIVIL TERM TIMOTHY L. PALMER. Defendant CIVIL ACTION-LAW VERIFICATION I verify that the statements made in the foregoing Petition to Proceed Informa Pauperis are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S 4904, relating to unsworn falsification to authorities. ~tlllW:,h- ~. 1l0ilYW"\ Shanda R. Palmer Date: April ~f ,2006 r- ;:.:,1, - C,l -- \0',; \~.. \::~i ~~:. i II I I, ,) SHANDA R. PALMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - }D sy CIVIL TERM CIVIL ACTION-LAW v. TIMOTHY L. PALMER, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Shanda R. Palmer, Plaintiff herein, to proceed in forma pauperis. I, Michael A. Scherer, Esquire, attorney for Plaintiff, the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. 1ft<< II fytv Michael A. Scherer, Esquire Date: Aprill, 2006 ."".' \~ ".';': r- ."J II SHANDA R. PALMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - ;1;05+ CIVIL ACTION-LAW CIVIL TERM TIMOTHY L. PALMER, Defendant ACCEPTANCE OF SERVICE AND NOW, on this the ~ day of April, 2006, I, Nathan C. Wolf, Esquire, hereby accept service of the Divorce Complaint, filed in the above case and acknowledge receipt of a true and attested copy of said Complaint. _.1 'f~ I N ......-, 'n -' -t. -n fnr~ <JL'~ J \...~' "'(i:) G/? c,) (:ir\\ ) ~ '~ :',,< II SHANDA R. PALMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY L. PALMER, Defendant NO. 2006 - 2054 CIVIL TERM CIVIL ACTION-LAW PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on April 12, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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 atter it is filed with the Prothonotary. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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.SA Section 4904 relating to unsworn falsification to authorities. Date: July ~, 2006 \_~~~JL Shanda R. Palmer g 4:: -o(~', G)t;::, ~E,. (A"';- ~"'''' r;:( "'t-:> -" 7;'''-:1 'jr:" C::. -? '2 ,.., ~" c>' ~ G"' - r:;fJ ~ -' ::r;..,., ti"\:p: -Om :vC? be. ~.;...J,~'C' ::r:-n C) ?'J -"rn C3 ~ -1:l :;;II:: w ., W N II SHANDA R. PALMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 2054 CIVIL TERM TIMOTHY L. PALMER, Defendant CIVIL ACTION-LAW DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301{c} OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on April 12, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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.SA Section 4904 relating to unsworn falsification to authorities. Date: y- I;] ,2006 1 ~~ g ~ -veri mr'- ~,f.,::. ~~"~. f,;2\: :'-~~Q C) c:: 3- ~ ~ ~ G"' - r:;fJ -0 :J: <f! w N ~ -t ::r..-n n"lh1 4jc;:; Sqi "-:t-n ()'ES Zrn g ~ II I SHANDA R. PALMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006 - 2054 CIVIL TERM TIMOTHY L. PALMER, Defendant CIVIL ACTION-LAW NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Plaintiff in the above-captioned Divorce Action, hereby elects to retake and hereafter use her previous name of Shanda Rebecca Leer. This election is made pursuant to the provisions of 54 P.S.A.S704. Dated: August~, 2006 SHANDA REBECCA PALMER TO BE KNOWN AS ,~':f< JJef ro. d 1(JQ1L, SHANDA REBECCA LEER COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On the IKh1 day of August, 2006, before me, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged she executed the foregoing for the purpose therein contained. SS. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~.~~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amanda L. Fisher. Notary Public Canisle Boro. Cumberlaod County My CommiSSIOn Expires Apr. 17. 2010 Member, Pennsylvania Association of Notaries 0 ~ ~ ..... c = z c>' "" ~. ~ --uti.~" :P" :e-r\ rr1\ ; c.: '" --,.,. .~.. G"' r" rr *" c Zf' :Q"G <::> (ru' r:;fJ :,.>9 - ~c ~~() <<! - ..... ?x:=:B ~2 ....., ~~ ,...... -;l>: :.,,)C) Z;. rf1 '-2 (") ~ :::.., I;:> .". '" t-> N ~ ~ U1 C> "0> :0- '"' ;. i \ \ \3:;> ~ (' .. Y' r- '" ~ '\ , . \ \ i '! \ t , , .~ , II I I SHANDA R. PALMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY L. PALMER, Defendant NO. 2006 - 2054 CIVIL TERM CIVIL ACTION-LAW 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 Section 3301 (c)of the Divorce Code. 2. Date and manner of service of the Complaint: Nathan C. Wolf, attorney for Defendant signed an Acceptance of Service form on April 28, 2006. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on July 26, 2006; and Defendant on August 12, 2006. B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy ofsaid notice under section 3301 (d)(1)(i) of the Divorce Code: None. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~l^ Michael . Scherer, Esquire g ~ -0 OJ rol!' 2-' mS::. -<{:;: ~,. ~C ~/~~\. .~ $ c>' ~ G) - r:;fJ ~ .~"" rt'h; :gO ?) L, '::.4~f. -J:--n f'--"'~ ~rn <2, ~ -0 :J: '-P. w t..:> IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF SHANDA R. PALMER. Plaintiff . VERSUS TIMOTHY L. PALMER. Defendant . AND NOW, DECREED THAT AND PEN NA. No. 2006 - 2054 CIVIL DECREE IN DIVORCE ~ ;.;- o:t 3'S-~~. ,;00<., IT IS ORDERED AND SHANDA R. PALMER , PLAINTIFF, TIMOTHY L. PALMER , OEFENOANT, . 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; NONE. . . . . . . ATT'ST~ " ~P'OTHONOTA" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' k ~ ~~ rym, 'f{l- 1-& nny"5';P P- ~ /.W -;"9 '}11- 'rb . . " '.,', - .. :'-""~'" , ,.