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HomeMy WebLinkAbout01-5485BAMBIE R. LOWER, Plaintiff SHANE M. LOWER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN DIVORCE : NO. 01- ~-t4 _~ CIVIL TERM 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 wamed 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 2 Liberty Avenue 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 American 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 lease 72 hours prior to any heating or business before the court. You must attend the scheduled conference or hearing. BAMBIE R.LOWER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW : IN DIVORCE SI-LANE M. LOWER, Defendant : NO. 01- DIVORCE COMPLAINT CIVIL TERM The plaintiff, Bambie R. Lower, by her attorneys, the Family Law Clinic, sets forth the following cause of action for divorce: COUNT I. DIVORCE UNDER 23 Pa. C. S. SECTION 3301 (c), 3301 (d), 3301 (a)(5) AND 3301 (a)(6) 1. Plaintiff is Bambie R. Lower, who currently resides at 39 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania, since January 2000. 2. Defendant is Shane M. Lower, who is currently incarcerated at State Correction Institution, Camp Hill, Cumberland County, Pennsylvania 17001, since Sept 18, 2000. 3. Plaintiffhas been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were married on March 5, 1999, in Towson, Maryland. 5. Plaintiff and defendant have lived separate and apart since January 5, 2000. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff avers that defendant, in violation of his marriage vows under the laws of the Commonwealth of Pennsylvania, has offered such indignities to the person of the plaintiff, his injured and innocent spouse, as to render the condition of the plaintiff intolerable, and life burdensome. 9. Plaintiff avers that Defendant was convicted of, inter alia, receiving stolen property, in the Court of Common Pleas of Perry County, on April 10, 2000. On July 13, 2000, Defendant was sentenced to imprisonment for not less than 2 years nor more than 5 years. A true and correct copy of the Order accepting Defendant's guilty plea and Sentencing Order is attached as Exhibit A, and incorporated herein by reference. 10. Defendant was also convicted of driving under the influence, in the Court of Common Pleas of Dauphin County. On September 18, 2000, Defendant was sentenced to imprisonment for not less than 10 days nor more than 24 months. A true and correct copy of the sentencing record is attached as Exhibit B, and incorporated herein by reference. 11. Plaintiff is an innocent and injured spouse. 12. 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, plaintiff requests the court to enter a decree of divorce dissolving the marriage. Matthew P. Hughson Certified Legal Intem H~x~vIAS M. PLACE ROBERT E. RAINS TERI L. HENNENG Supervising Attomeys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)-243 -2968 VERIFICATION I verify that the statements made in this Divorce Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: ~, lC/~ 01 Bambie R. Lower EXHIBIT A .~OMMONWEALTH V. ~HANE M. LOWER :IN THE COURT OF COMMON PLEAS :OF THE 41ST JUDICIAL DISTRICT :OF PENNSYLVANIA- :PERRY COUNTY BRANCH :NO. 465 of 1999 ORDER AND NOW, July 13, 2000, sentence as to the offense of ~eceiving Stolen Property is that the defendant pay the costs ~f prosecution, make full and complete restitution, and undergo .mprisonment in a State Correctional Institution for a period ~f not less than two (2) years, nor more than five (5) years. Sentence as to the offense of Driving Under the Influence .s that the defendant pay the costs, pay a fine in the amount Df $300, and undergo imprisonment for a period of not less :ban thirty (30) days nor more than one (t) year. Sentences ~s to all other offenses are that the defendant pay the costs Df prosecution and make full and complete restitution which ~hall include costs and expenses necessary to extradite the ]efendant. All sentences shall date from'ida~ cD . of ~ommJ. tment and .'un concurrent with each other. It is the recommendation of '~_is ~Durt that the defendant >e favorably considered for the 5~ot C~-mp program available ~t the State Correctional Institutfon ~vel. The Sheriff of Perry County is directed to transport ~he prisoner to the State Classification and Diagnostic Center Camp Hill, Cumberland County, Pennsylvania for execution ,f sentence. COMMONWEALTH : IN THE COURT OF COMMON PLEAS : OF THE 41ST JUDICIAL DISTRICT v. : OF PENNSYLVANIA : PERRY COUNTY BRANCH SHANE M. LOWER : NO. 465 of 1999 ORDER AND NOW, April 10, 2000, the defendant having appeared with counsel, Daniel McGuire, Esquire, and tendered pleas of guilty to all counts in the Information, including the summary offenses, the plea is accepted. A pre-sentence investigation report is hereby ordered prior to sentencing. According to the plea agreement, the defendant would receive a 2 to 5 year state prison sentence, with the recommendation of Boot Camp eligibility. cc: DA's Office Daniel McGuire, Esq. Tpr. Taylor, PSP Probation File BY THE COURT: C.~E EXHIBIT B DC- 30~B (PART 1) Sentencing (Rev. 10-85) COURT COMlVu z ~ENT STATE COR.KECYIONAL IN.lit OrlON Lower, 57~ane Michael Dauphin Typ* or Print Lekqbly COMMONV,~.ALI'~ OF PRNN~YLVANIA DEPARTMENT 0F,,CORRgCTIONS NO~: Ad~flo~ ~ 0f th~fom aV~able at above addr~: ~ ~B ~a~ ~ a~ched E 401423-1 r~-~wmo, [] na~s [] 2081 CD 99 9/18/2000 The above defendant aRer September 18th - [] pleaa~_* guilty [] nolo contendre [] being found guilty 2000 sentenced by Sudge/District Justice Hon. Scott Evans not less than years months IO days nor more ~han Y~ ' 24 months for thc offen~e of DU/ of the Crimes Code) or (other statute) (Section 75 ~3731 A2 · days, It is further ordered that the said defendant be delivered by the proper authority to and t:eated as the law dffectsatthe $CICampHill facilitylocatedat P.O. Box8837, CampHill, PA 17011 Fm'E COSTS lmSTITtrrIo~ AMOUNT S 600.00 AMOUNT $ pending To Be Paid To: To Be Paid By: [] COUNTY [] COMMONWEALTH [] COUNTY [] DEFENDANT CP~ DIT FOR IhMll $[RVED { g~V~LANATION OF CRIiDIT COMPb~ATION ON R~VF2~S£ SIDE) I ~crr~ o^~ OFS~.~'C~ · . . [ September 18, 2OOO This sentence shall be dacmed to run concurrent to any ~xisdng stmreac~, effecdve the dam of nmlmsidon tmless otherv.~ sfipuht~l I~low: concur, w. Judge Quigle of Perry Co. Boot Camp Elig Ct. IA to pay $25.00 fine plus cost· Curcillo Robinson COLRT ILEPORT~R Rigby Certified: A True Copy IAR 2 2001 In witness, whereof I have hereunto set my hand and seal of said · court, this 18th day of September 2000 crab SLrPPI~M~l~tAL I~NFORMATION (For optional uae as worJt sheet and list of additional Sentence of Deminen.) The sentence of this defimdnnt was coatpaMd its Joflowm hte or County or Coati Nmub~r Sent. Locked Up (Location) From To Credit All Detainers Mu5t Be Attached To This Form. Dated Indict - W~rant Nos. I Total Number Of Detainera Attached: Remarks The FoLlowing Additional Reports ar~ At~ached: ~ [] Continuation Sheet [] Arrest Report [] FBI (DC-300B, Fart II) [] Presentenceor [] BehaviorClinic [] PSP Po~t~entence Investigation The Following Additional Reports will be Forthcoming: [] Arrest Report [] Presentenee or Posuentence Investigation BAMBIE R. LOWER, Plaintiff SHANE M. LOWER, Defendant : NO. 01- 5-</g.5~ PRAECIPE TO PROCEED IN FORMA PAUPERIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN DIVORCE CIVIL TERM To the Prothonotary: Kindly allow Bambie R. Lower, Plaintiff, to proceed in forma pauperis. I, Matthew P. Hughson, of the Family Law Clinic, Certified Legal Intern, for 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. Date: ~--~.0-0 \ Matthew P. Hughson Certified Legal Intern THOMAS M. PLACL~ ROBERT E. RAINS TERI L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Attorneys for Plaintiff BAMBIE R. LOWER, Plaintiff SHANE M. LOWER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN DIVORCE NO. 01-5485 CIVIL TERM PRAECIPE TO REINSTATE ~ COMPLAINT To the Prothonotary: Please reinstate the complaint in the above-captioned case. !',}oZ. lzoo Date Matthew P. Hughson Certified Legal Intern ,,ms TERI L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Attorneys for Plaintiff BAMBIE R. LOWER, Plaintiff SHANE M. LOWER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN DIVORCE NO. 01-5485 CIVIL TERM CERTIFICATE OF SERVICE I, Matthew P. Hughson, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Complaint for Divorce on Shane M. Lower, residing at 218 Locust Street, Halifax, 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 Shane M. Lower on the 5~ day of November, 2001, as evidenced by the attached green card. Matthew P. Hughson Certified Legal Intern FAMILY LAW CLINIC 45 Nox~ch Pitt Street Carlisle, PA 17013 [71 '~ }43-2968 ad.that we canl~l~lJlffiJt, i~l~odl I A~~ ~ to ~ ~ ~ ~ m~l~, , l~ In~ M~I ~ C.O.D. ~ Name (Pl~so Print Cl~y) (to ~ completed by ~-~ I 14..~ ~,,v~ ~ ~) ~ ~9~..__ - _ ~--__~ · L_~ ~..~ ... J PS Fo~ 3811, July 1~ ~ R~m R~ipt 1~M-1~ ~ BAMBIE R. LOWER, Plaintiff SHANE M. LOWER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN DIVORCE NO. 01-5485 CIVIL TERM PRAECIPE TO WITHDRAW APPEARANCE AND NOW, this '~l~day of February 2002, the Family Law Clinic withdraws its appearance on behalf of the Plaintiff, Bambie R. Lower. Res~tfully sub~t~e~, ~ ~ ~.-~ February''Lt, 2002~- ~:~Z'.''"c~ VEI~ISH · Certified Legal Intern THOMAS M. PLACE TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 PRAECIPE TO ENTER APPEARANCE AND NOW, this '7~t5¥ day of Febma~, 2002, Heather Harbaugh, Esquire, hereby enters her appearance on behalf of the Plaintiff, Bambie R. Lower. February ],..,~t~, 2002 Heather Harbaugh, Esquire ~ Edward Weintraub & Associates 2650 North 34 Street Harrisburg, PA 17110 717/238-2200 BAMBIE R. LOWER, Plaintiff ¥. SHANE M. LOWER Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN DIVORCE NO. 01-5485 CERTIFICATE OF SERVICE I, Carol Verish, Certified Legal Intern, Family Law Clinic, hereby ce~/fy that I served a true and correct copy of the Praecipe to Withdraw/Enter Appearance by depositing a copy of the same in the United States mail, first class, postage prepaid, on the 21~t day of February, 2002 to the following: Heather Harbaugh Edward Weintraub & Associates 2650 North 3~a Street Harrisburg, PA 171 I0 Shane M. Lower 218 Locust Street Halifax, PA 17032 ( CararVe s K-c~rtified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 BAMBIE R. LOWER, VS. SHANE M. LOWER, Plaintiff Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA , * NO. 01-5485 * CIVIL ACTION - LAW * IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on January 5, 2000 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 I 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. Section 4904 relating to unsworn falsification to authorities. E~ar~bie R. L(~w~lSlai~t[ff BAMBIE R. LOWER, VS. SHANE M. LOWER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5485 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : AND NOW, this 3rd day of May, 2002 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Wendy L. Shive, who being duly sworn according to law, deposes and says that on April 26, 2002, she mailed a certified copy Plaintiff's Affidavit under Section 3301(d) of the Divorce Code and Counter Affidavit, by certified mail, return receipt requested, to Shane Lower, Defendant, 218 Locust Street, Halifax, PA 17032, and the same was received by him on April 30, 2002 as indicated by the return receipt card which is attached hereto. Sworn to ~ subscribed before me on this ~ day o~10~ , 2002. . ' ~ Netary Public ' -- Notarial Seal MY Commiss/o% ExpirPehlnAu~,2004 ~i~l~ Recell~: ?::_ ' - C.O.D. 4. Restricted D~Jvefy? (Extra Fee) '~ BAMBIE R. LOWER, VS. SHANE M. LOWER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5485 CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE TO: SHANE M. LOWER You have been sued in 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, July 5, 2002, 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. DAUPHIN COUNTY LEGAL REFERRAL SERVICE 213-A NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-0581 BAMBIE R. LOWER, VS. SHANE M. LOWER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5485 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : AND NOW, this 24th day of June, 2002 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Wendy L. Shive, who being duly sworn according to law, deposes and says that on June 18, 2002, she mailed a certified copy of the Notice of Intent to Request Entry of a Divorce Decree and Counter Affidavit, by certified mail, return receipt requested, to Shane Lower, Defendant, 218 Locust Street, Halifax, PA 17032, and the same was received by him on June 21, 2002 as indicated by the return receipt card which is attached hereto. Wendy~jShive Sworn to and subscribed before me on this o~ C~lay of_~J~0 , 2002. I~o'tary Publi6 Notadal Seal Misty D. Lehr~an, Notary Public Harrisburg Dauph n County My Comm ssion Expires Aug. 2, 2004 [] Inm,lmel ~ i-I C.O.D. 4. ~ ~ave~? ~-~a ~) j~'"m m~mm~ lOe~.ol4a-a~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of .,~.. PENNA. BAMBIE R. LOWER VERSUS SHANE M. LOWER No. 01-5485 DECREE IN DIVORCE AND NOW, DECREED THAT BAMBIE R. LOWER 2002 , it IS ORDERED AND , PLAINTIFF, AND SHANE M. LOWER , DEFENDANT, 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; ALL CLAIMS RESOLVED. ATT PROTHONOTARY BAMBIE R. LOWER, Plaintiff VS. SHANE M. LOWER, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * NO. 01-5485 * * CIVIL ACTION - LAW * IN DIVORCE 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(d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: November 5, 2001 by certified mail/restricted delivery/return receipt. 3. (B) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: April 13, 2002; (2) Date of filing and service of the plaintiff's affidavit upon the defendant: Filed April 19, 2002 and served April 30, 2002. 4. No Counteraffidavit has been filed to Plaintiff's Affidavit under Section 3301(d) of the Divorce Code and therefore the averments of the same are deemed admitted. 5. Related claims pending: None. 6. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: Served June 21, 2002 by certified mail/restricted delivery/return receipt. WHEREFORE, the Court is requested to enter a final Decree in Divorce in compliance with Section 3301 (d) of the //// Divorce Co_de and Pa. R,C.P. 1,9~0.42(a)(2). Je~ f~r L. Fr~chet~e, I~s(:l'uire Dated: July 12, 2002 Att( ~ey for Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Vs : Defendant : _. ile No. D I- --Sqt 5 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME. Notice is hereby given that the Plaintiff/defendant in the above matter, [select one l~y marking 'k"] prior to the entry cfa Final Decree in Divorce, or .~, after the entry of a Final Decree in Divorce dated ~U~V / (~ /~, ~ hereby elects to resume the prior surname of ~x0. ~) ~'h~__~-_,land gives this written notice avowing his / her intention pursuant to the provisions of I4 P.S. 704. · ~g~ature ofnamg be~}esumed oF ) Onthe//~ dayof 0(~/t_~ ,200q~,beforeme, the Prothonotaly or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Wimess Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL CLAUDIA A. BREWBAKER~ NOTARY PUBL C Carlisle Boro, Cumberland County My Commission Ex,,ires April 4, 2005 Notary Public