The URL can be used to link to this page

Home My WebLink About06-7312ASHLEE E. GATTEN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. . . NO. Q (o ' 73 ~ 2- cl ~' ~ -Ec~ti SHAWN P. GA'TTEN, Defendant :CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the #o{lowing 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. 1Mhen the grounds for the divorce are 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 at the Cumberland County Courthouse. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisdao que si usted no se defiende, la Corte tomara medidas y puede entrar una orde contra usted sin previo aviso o notificacion y por cualquier queja o afivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades 0 otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIAMENTE. SI NO TIENNE ABOGAD O SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA PUEDA CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Respectfully Submitted Date: ~ ~ ~~ q d BY~ B an W, Shook, Esquire Attorney Id. No.: 203250 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff ASHLEE E. GATTEN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. SHAWN P. GATTEN, Defendant :CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 33011C) OR SECTION 3301(D) OF THE DIVORCE DECREE CODE AND NOW, comes the- Plaintiff, Ashlee E. Gatten, by and through her attorney, of The Law Office of Darrell C. Dethlefs, by Bryan W. Shook, Esquire, seeks to obtain a Decree in Divorce from the Bonds of matrimony with the above- named Defendant and in support of her Complaint avers the following: 1. Plaintiff, Ashlee E. Gatten, is an adult individual, who currently resides at 9 Cedarhurst Lane, Camp Hill, Cumberland County, Pennsylvania 17011. The Plaintiff s social security number is 208-68-3508. 2. Defendant, Shawn P. Gatten, is an adult individual, who currently resides at 9 Cedarhurst Lane, Camp Hill, Cumberland County, Pennsylvania 17011. The Defendant's social security number is 246-45-8520. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on October 2, 2004 in Enola, East Pennsboro Township, Cumberland County, Pennsylvania. 5. The Plaintiff and Defendant are citizens of the United States of America. 6. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 7. Plaintiff has been advised of the availability of counseling and that she and the Defendant may have the right to request that the Court require the parties to participate in such counseling. COUNTI REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN UNDER 3301fc1 OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 9. The marriage of the parties is irretrievably broken. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that the Defendant may also file such an affidavit consenting to a divorce. 11. Plaintiff has been advised of the availability of counseling and that she and the Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to divorce after ninety (90) days have elapsed from filing of the Complaint, Plain#iff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. } COUNT II REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN UNDER 3301(d1 OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 13. The Marriage of the parties is irretrievably broken. 14. The date of separation is December 1, 2005. 15. After a period of two (2) years has elapsed form the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. 16. Plaintiff has been advised of the availability of counseling and the Plaintiff and Defendant have the right to request the Court to require parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed,from the date of separation and Plaintiff has filed her affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code COUNT III REQUEST FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 19. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully request this Honorable Court to enter an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just, plus costs. Respectfully Submitted Date: l ~- a 7- d C gy. ry W, Shook, Esquire Attorney Id. No.: 203250 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff ASHLEE E. GATTEN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. SHAWN P. GATTEN, , Defendant :CIVIL ACTION -LAW IN DIVORCE VERIFICATION I hereby verify that the statements of fact made in the foregoing Complaint in Divorce, are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, .relating to unsworn falsecation to authorities. Date: ~~ ~~C~ f (j(p N,~(. Ashlee E. Gatten, Plaintiff ~ ~ ~ 13.. ~ ~. ~ ~ O Q ' '~ I" p, o.. a ~ a a c~ p ~ - P ~ ~~~ ~ ~. a R 4 ~~ ~~~ ^~, J ~_:a ~'-l ra-ti _`' ; t ~ i : __ __ C' J , , ~~ , _ . ~~ ~ i ;_ ~.~~ -_; -~. ASHLEE E. GATTEN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-7312 -CIVIL TERM SHAWN P. GATTEN, Defendant :CIVIL ACTION -LAW IN DIVORCE Praecipe To the Prothonotary of Cumberland County, Pennsylvania: Please kindly enter the Certificate and Proof of Service, along with the Green Card, into the record. Date: I- q- x 0 0 7 B: ~~~ W, Y Bryan .Shook, Esquire I.D. # 203250 Law Offices of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Plaintiff ASHLEE E. GATTEN, Plaintiff v. SHAWN P. GATTEN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.06-7312 -CIVIL TERM Defendant :CIVIL ACTION -LAW IN DIVORCE CERTIFICATE AND PROOF OF SERVICE I hereby certify that on January 8, 2007, Defendant, Shawn P. Gatten, was served the foregoing Divorce Complaint upon his person. A copy of the return receipt is attached hereto and made part hereof. Service by First Class Certified Restricted Delivery Mail and Address as Follows: Shawn Gatten 9 Cedarhurst Lane Camp Hill, Pa. 17011 Date: ~ - R- a 00 7 gy. Bryan .Shook, Esquire I.D. # 203250 Law Offices of Darrell C. Dethlefs 2132 Market Street Camp Hiil, Pennsylvania 17011 Attorney for Plaintiff ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: GG~ar ~i~rS~ Ln ~~~ ~~ f~, PA- ~7p11 A. Signatu X ~ ^ Agent ^ Addressee B. eceived by (Printed Name) S~lt~~~ C4 ~~ C. Date of Delivery D. Is delivery address different from it~sm 12~: O Yes If YES, enter delivery address below: ^ No .~,. ~, '~''+~ ~. 3. Type GrYfled Mail ^ F~cpress Mall ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number 7005 116 X002 388 9323 (transfer from serv/ce label) PS Form 3811, February 2004 Domestic Return Receipt iozsss-0z-M-isao ~ r~> is ? ~~ -~~ ,^a ~;, ~ ~ rj r;;_; C ~,'S. t ~) a. ~~ ~ ~..: ` ` ' ~t~ * F`,i i + ..~ ASHLEE E. GATTEN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-7312 -CIVIL TERM SHAWN P. GATTEN, Defendant :CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorced under Section 3301(c) of the Divorce Code was filed on or about December 29, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 and 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 1~ J ~ ~ ~ ~ Z~ _~a:_~__..____~:~ l A ee E. Gatten, Plaintiff ASHLEE E. GATTEN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-7312 -CIVIL TERM SHAWN P. GATTEN, Defendant :CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c~ OF THE DIVORCE CODE I consent to the entry of a final decree in 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. § 4904 relating to unsworn falsification to authorities. DATE ~ ~ / ~~ Q ~ - Ashlee E. Gatten, Plaintiff ASHLEE E. GATTEN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.06-7312 -CIVIL TERM SHAWN P. GATTEN, Defendant :CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorced under Section 3301(c) of the Divorce Code was filed on or about December 29, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 and 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 ~,;~' (~ r~~ / ~j /-~ ~ ~: ~.~~ ~~ ,~._ Shawn P: Gatten, Defendant ASHLEE E. GATTEN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-7312 -CIVIL TERM SHAWN P. GATTEN, : Defendant :CIVIL ACTION -LAW fN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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. § 4904 relating to unsworn falsification to authorities. fJ / f ! / 1., ~t- ~ , ,. DATE ~' ~~ !' ~ t' ~ ..~, / ~` J. ,P ~ r 1 .. ,.r....' ~d'-.. ~~ (,. ~ - ~ f e' i L.- S'~i~wri ~. Gattert;JDefendant ASHLEE E. GATTEN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.06-7312 -CIVIL TERM SHAWN P. GATTEN, Defendant :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 (x) 3301 C ( ) 3301 D of the Divorce Code. (Check applicable code) 2. Date and manner of service of the complaint: Certified Mail on January 8 2007. Certificate of Service and green card were filed. 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 04Jz07; by defendant 04~ -07. (B) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (D) of the Divorce Code: N/A; (2) Date of filing and service of the plaintiff's affidavit upon the respondent N/A. 4. Related claims pending: All economic claims have been settled by written agreement dated April , 2007 The terms and conditions of the Marriage Settlement Agreement filed in this matter shall be incorporated into but shall not be merged into this Decree. 5. (Complete either (a) or (b).) (A) Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: '-~ - 1~ _t; 7 - ~ ~-.;1 c f~~ss (.y ~ a-~~~/ (B) Date plaintiff's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: 04~R-07 Date defendant's Waiver of Notice in § 3301 (c} Divorce filed with the Prothonotary: 04.1,-07 _ ~, Z,. Bryan W. hook, Esquire Attorney Identification No. 203250 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff t N THE COURT OF COM MC)N PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. w ~ ~- -°~~ - . = Ashlee E. Gatten, Plaintiff N O. 06-7312 VERSUS Shawn P. Gatten Defendant DECREE IN DIVORCE AND NOW, ~'~~ ; , ~ ~ ~ Z-~G /, IT IS ORDERED AND DECREED THAT Ashlee E. Gatten, PLAINTIFF, AND Shawn P. Gatten 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 economic claims have been settled by written agreement dated The terms and conditions of the Marriage Settlement Agreement filed in this matter shall be incorporated into but shall not be merged into this Decree. -~ BY THE COURT: ~ ,~~ ~- Any J ~~- " , !'°` ____ ~~ P R O T H O N O TA R Y • F- ~ N -' ~~ l ,., „yjf , ~ 4