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HomeMy WebLinkAbout06-2845 DAVID A. SHAFFER, Plaintiff vs. CAROL E. SHAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ~ ~ ~ g- Civil Term ACTION IN DNORCE 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 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 St. Cazlisle, Pa. 17013 (717)244-3166 DAVID A. SHAFFER, Plaintiff vs. CAROL E. SHAFFER, Defendant IN THE COURT OF COMMON PLEA5 CUMBERLAND COUNTY, PENNSYLVANIA No. OG - 2 84~~ Civil Term ACTION TN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is David A. Shaffer, a competent adult individual, who resides at 421 Meadowbrook Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Cazol E. Shaffer, a competent adult individual, who resides at 4335 Scotlandmain St, Chambersburg, Franklin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents 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 August 15, 1970 in Summerdale, Pennsylvania. 5. TYiere 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 two children together; however, both are over the age of eighteen (18). 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 aze: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint aze 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. David A. Shaffer, Plainti Respectfully submitted, Date: ~~~~~ /// Adams, squire . . No. 79465 64 South Pitt Street Cazlisle, Pa. 17013 (717)245-8508 ATTORNEY FOR PLAINTIFF o f ~ .Ll Q ~~ 1 t ~ r Y ~~ i ~ ,? -r, ~_~ y {~ ~ W ~ ~ Y G DAVID A. SHAFFER, IN THE COURT OF COMM~N PLEAS Plaintiff :CUMBERLAND COUNTY, ENNSYLVANIA vs. CAROL E. SHAFFER, Defendant ^ Compote kerns 1~,^2, end 3. Also complete kern 4 k Restdcted Delivery Ia desired. ^ Print your name and address on the reverse so that we can return the yard to you. ^ Attach this card to thebeck of the mailpiece or on the front H space pennks. AND NOW, this June 1, 2006, I, Jane Adams, Esquire, on May 30, 2006, a certified true copy of the NOTICE TO DEFEND COMPLAINT was served, via certified mail, return receipt requested, Cazol E. Shaffer 4335 Scotlandmain St. Chambersburg, Pa. 17201 DEFENDANT 1. Artcle Addressed to: No. 06 - 2845 Civil ACTION IN DNORCE AFFIDAVIT OF SERVICE CAEOL E il'.iAF c;R 4335 SCOTLA?TDrgAIt`I ST CHAMSE~S^?J~t~ DA 17201 ~ certify that DIVORCE to: AOent c. Data m D. la delNery atldreee dMerent sore kern 17 ^ Yei k YES, enter tlelh+ey address oebw: . service type Ified MW ^ Express Mell eplateretl ^ petum Receipt for Merchandise ^ Insured MsN ^ C.O.D. . Restricted Deavery7 ~ Fie) ~~ea 2. Article Number ~ -- (rransA>rm>mseMCefaeeq 705 116^ 0~~2 1113 073 PS Form 3811, February 2004 Domestic Retu Receipt taaeeeos-rktseo D. 0.79465 6 outh Pitt Street Cazlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR: N O p a ^Y3 v"` ~ '4~L'r' G ~. ~ _r.~ ._.. T'm i.~ t7 ;~`~ ~ -1 -G (Ji DAVID A. SHAFFER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 2845 Civil Term CAROL E. SHAFFER, :ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on May 18, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: ~ , ~i~ - ~ ~j ~-,,;moo v~ . David A. Shaffer, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) AND &3301(dl OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. 1 understand that 1 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. §4904 relating to unsworn falsification to authorities. Date: ']_ ( _ ~ ~ ~'""'~ o~ ~^.G~~ 3 ~ °` David A. Shaffer, Plaintiff ~ r~ C:1 ~ ~ _ `` ~ ~ ~ . u'`` ',~. .d ~~ J f ~~'' f +~ ^wx ...J ~S DAVID A. SHAFFER, iN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 2845 Civil Term CAROL E. SHAFFER, :ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on May 18, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: ~/~ ~/~ ~ ~ ~~~, Carol E. Shaffer, Defe an WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND &3301(dl OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lzwyer'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. §4904 relating to unsworn falsification to authorities. r ~ (.? Date: ~/~/,~ 7 .~,.J ~i~C~./ Carol E. Shaffer, Defen ant p w T --~ ~ i "i ~ ,r ~ N ~,_" r _ ; `~ ~ i y yy ~.-: j "e"S =~~ i ,~ Y David A. Shaffer, In the Court of Common Pleas Plaintiff of Cumberland County, Pennsylvania vs. No. 06-2845 Civil Term Carol E. Shaffer, Defendant Action in Divorce INSURANCE AGREEMENT THIS AGREEMENT MADE this ~~ day of ~~~- 2007, by and between Carol E. Shaffer by her attorney Janice M. Hawbaker, Esquire, of Kaminski & Hawbaker, P.C., Chambersburg, Pennsylvania, hereinafter referred to as "Defendant" and David A. Shaffer, by his counsel Jane Adams, Esquire, of Carlisle, Pennsylvania, hereinafter referred to as "Plaintiff', witnesseth: WHEREAS, Plaintiff and Defendant were married on August 15, 1970 and separated in 2005; and WHEREAS, the parties entered into a Marriage Settlement Agreement on or about March 21, 2007; and WHEREAS, for privacy reasons, the parties do not want the Agreement attached to the divorce Decree; and WHEREAS, as part of the Agreement Husband agreed to continue to maintain Wife's on his health insurance policy through his place of employment until December 1, 2008, as long as the costs remained at the current rate; and WHEREAS, Plaintiff s employer has advised that the agreement to maintain her on his insurance needs to be part of an Order of Court. NOW, THEREFORE, Plaintiff and Defendant, through their counsel, agree as follows: •;~ ,• 1. Plaintiff shall continue to maintain Defendant on his health insurance policy through his employment until December 1, 2008. If the rates increase over the current rates, Defendant shall be responsible for the costs of that increase that pertains to her coverage. 2. Plaintiff and Defendant wish this to be part of the divorce Decree. IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Date: ~' ~ ' 6 ,, 1-~ Date: ~ ~ j ~ ~ t E L) ice M. Hawbake , squire (SEAL) J e Adams, squire ~rl I verify that the statements made in the foregoing Insurance Agreement 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. .. Date: ~~ ~ ~ p~~-..s---~. ~`- David A. Shaffer I verify that the statements made in the foregoing Insurance Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sectio;; 4!?04 r.la±ing tc: uns~:~vrrn falsifica*c;n to a~.~th~, i?ie:;. Date: ~' ~ ___~ ~~ '~~ L ~+ ~ Carol E. Shaffer c" ~ C.:~ a ,:.~ -ri ~. .-., ~~, - ~ -.~: ~tz..~-, ~ --, E t, ,,~.~ -~: ~, . ;~_ _- ~~ i.[~ N -~ t . -{ DAVID A. SHAFFER, Plaintiff vs. CAROL E. SHAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 2845 Civil Term ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301 c of the Divorce Code. 2. Date and manner of the service of the Complaint: Served via certified mail, restricted delivery, return receipt requested on: May 30, 2006 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: March 21, 2007 By Defendant: March 21, 2007 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Apri15, 2007 Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Apri15, 2007 Date: S I ~ ~ ~ O Respectfully Submi J Adams, Esquire .D No. 79465 4 .Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff ra f.: ~-7 ~Y1 .,.~ , `-~.. -s„~ ~,{_ ~~~ ' _ ~''~ ~w _ f?.. 3 _ ; r.= t ~"+,r ., ~ a I N T'H E COU R7' OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. David A. Shaffer, Plaintiff ~~`~, -~ ~- No. 06 - 2845 Civil Term No. VERSUS Carol E. Shaffer, Defendant DECREE IN DIVORCE AND NOW, ~~ IT IS ORDERED AND David A. Shaffer DECREED THAT Carol E. Shaffer AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, 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; Husband shall maintain Wife on his health insurance, pursuant to the agreement filed May,l4, 2007 which shall be incorporated and not merged into thi BY THE Q'OURT: ATTEST: J PROTHONOTARY ~~~~ +1 ~ ~ ~~ ~~ ~~- ~~ ~'