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HomeMy WebLinkAbout94-01137 f) ;! ..-, . '7 - . , , ~~.~~~-~.~~.~~~~~~~~~~~):.~:~~~~~~~~:~. ~ ~ ~ ~ " w '.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA. ~ lil <;. ~ .' ~ .", ~ ~ $ ~ ';0 ~ " ,', ~ ~ '.- s s s 8 !, ,', , I!'~ ~ 8 8 w '.' w ~.~ ~ ~ i ~.f ~ i ~.' i '.' ~ ',' -, '!l ,', ~ ~ '.' i '.' I~ (~ , J.', l' ~?1'( ~ (; ~ l; ~ ~ ~".;:- .;';::.:.'. .:.:: ::~:-~ .:.; -:;;.- .:+:. - .:~:-- ~.:. .:+:: -~:.:.~ .:.:.'~:.::' .:.:. .:+:. .:+:. .:+:. .:+:. .:.:. '.:.:.~ '::+:. .:+:. .:&:. .:+:. .:+:. .:+:. .:.;. .:+:. .:.~ w ~" $ S ~ WI ',' w ',- w .,. w ',' 'I :, ",Bonnie, L...,Shughart, , plaintiff Nil. ........1..1.3.7...... ................, 1994 w '.' ,', ~ Vel':HlS w '.' ~ ,Gabriel,R."Shughart, Defendant . . . i w '.' .' ~ ',' w ',- DECREE IN-IJ- o 'If R CElIA ;,h...pM. , . , , , , , , , , . , , , ,I,. 19,95.", it is ordered and ~ ',' ~q ~ ,. $ AND NOW, .........., ~ ~ <;. decreed that ..Bonnie, L,., , ugharl:".. , , , , , , , . , . , , , , , , .. , . , " plaintiff. and"",.... ..Ga.brie~ .R., Shugh.art.."....."""...,...., 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; ~ ... ~ <;. i ',- ,'" ., .l~OI1I'!,.. ., .. "... . ,.., .", """ , '" "., "",."""".............., ,", ~ ~ w ro' lil ~' lil <;- v ~.' ~ . . ~ ~ __ -R ynt,-1 y....& / 'JtJ7J . , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1137 CIVIL 1994 BONNIE L. SHUGHART, Plaintiff GABRIEL R. SHUGHART, Defendant 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 S 330l(c) of the Divorce Code. 2. Date and manner of service of Complaint: Certified mail, restricted delivery on March 21, 1994. Exhibit UAU). (See attached 3. (a) Date of execution of the Plaintiff's Affidavit required by S 3301(c) of the Divorce Code: by the Plaintiff on January 11, 1995; by Defendant on December 29, 1994. (b) (1) Date of execution of the Plaintiff's Affidavit required by S3301(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. SAlDIS, GUIDO, SHUFF & MASLAND 26 W. H1ah Stm:1 Callisl., PA Date: / /J3!'f) ,,--j At~'~tlff ~ ,. "~ -;;. ~;. . - '".'..;: '[;. - :r ":1= ( <t , !. 00 0- "1 \f) ...9 "8- ("'( .."".. 0 0 tr ICnI >-.~,- ~ - -:;..- ~ 0 It) c-6 = .. r C @ - ,.'.-:' Ii} 0 :;f -:tl .." ,.;< tl) ~ d. :f1 .. .7~" (p , r - "~ tF .,. en ,"JJ . . n-: .. 2;(".) =t= Q ~ ~ rIJ ~a f{l ~:2~~~ U al:I;(~~~ IE QO::r:IIlF:' o liQOll.- ~ 8d:cuiC ..c ;:l , ,iil ~ ..J ~ll.~-o ~ ~~iE rIJ u ~ .. ,., .. BONNIE L. SHUGHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 1/31 CIVIL 1994 GABRIEL R. SHUGHART, Defendant IN DIVORCE NOT!CE 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. when the ground for irretrievable breakdown of marriage counseling. A available in the Office of County Courthouse, High pennsylvania. the divorce is indignities or the marriage, you may request list of marriage counselors is the Prothonotary at the Cumberland and Hanover Streets, Carlisle, IF YOU DO NOT FILE PROPERTY, LAWYER'S FEES ANNULMENT IS GRANTED, YOU THEM. A CLAIM FOR OR EXPENSES MAY LOSE THE ALIMONY, DIVISION OF BEFORE A DIVORCE OR RIGHT TO CLAIM ANY OF 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. SAlOIS, GUmO & MASLANJ) 26 \\'. High Sire",! Carli~lc. PA Cumberland County Court Administrator One Courthouse Square Carlisle, PA 17013 (717) 240-6200 Edward E. Guido, Esquire Attorney for plaintiff COMPLAINT UNDER SECTION 330llcl OR 330lldl OF THE DIVORCE CODE 1. Plaintiff is Bonnie L. Shughart who currently resides at 81 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania, where she has resided since November 1, 1993. 2. Defendant is Gabriel R. Shughart, who currently resides at 91 Old State Road, Gardners, Cumberland County, Pennsylvania, where he has resided since 1977. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 23, 1968 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. SAmIS. GUIOO & MASI.ANJ) 26 \V. High SUCCi Carli\le,I)A 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce. COUNT II 8. The allegations in paragraphs one through seven, inclusive, are made a part hereof and incorporated herein by reference. 9. The Plaintiff alleges that in violation of his marriage vows, the Defendant hHs 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. 10. This action in divorce is not collusive. 11. Neither party to this action is a member of the armed forces of the United States of America. WHEREFORE, Plaintiff prays Your Honorable Court to enter a decree of divorce. ~ Edward E. Guido, Esquire Attorney for Plaintiff BONNIE L. SHUGHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL 1994 GABRIEL R. SHUGHART, Defendant IN DIVORCE AFFIDAVIT I, Bonnie L. Shughart, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. (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 counselling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 111 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. SAlOIS, GUmO & MASI.ANU 26 W. ltigh SUe!.'1 CDrli\le, P/\ Bonnie Dated: ~dA ~ /??#' VERIFICATION I verify that the statements made in this Complaint 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. Dated: h;t?/J ~ /??/ SAlOIS, GUmO & MASLANU 26 W. Hixh SUCCI Carlisle. PA "+'i,-~;.: 1 Gabriel R. Shughar:t 91 Old State Road GardneJ;s, PA 17324 4b. Service Type j o R81l1llered 0 Ineured IllI Cenlfled 0 COO ,r o Exp.... Men 0 Return Receipt lor 1 7, Olte 01 OenVery J! · 7-2.,"i,; B. :~3r,~~r:':~~d..el (Only 1I..que;.~~1 j ~ i.' , . I i r I B. SlgnelUle tAgent) \l~ FO!')'. ,December 1881. ""....QPO:... otI.OI . '<,1 ,DOMESTIC RETURNR,ECElP,T; , .' 0' (:,;cc:;,~ ~,~J;: ,,-.-...--' . Exhibit "A" . ~~:I"'''-''- .~",;.-~, !no = '-,t,..,~~:; -::;.;, ..... ,~- ~ " :0: .. -, -.,' n n .... U'I 2 ;-:;\ .", -'> :-..J ::: ~ n ~~ el . -:5' ;;; u~ '" r.. ..... 001..:1 ~UZ~ 8~~~~ ~&L~~ ~~~~~ .... .... '.-I (J .1 Ii I ~ I . 0: . ..:I > ~ 0: ~ ~ . ...- . z o m z~ :=< 0"" ~~ ~~ mill ~~ rilO ~~ ~ z < .. . $ C'I tJ _ tIl o C'I " ... N ~ ~ g ~~ ." ~N !!r:: ~ - ~ ,,~ rJI 6 ~ co l' , APR '1 1994'::1\ AND NOW, this .1" ORDER OF CO ~ day of , 1994, . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BONNIE L, SHUGHART, v. GABRIEL R. SHUGHART, Defendant NO. 1137 CIVIL 1994 IN DIVORCE upon Petition and request of Ronald E, ohnson, Esquire, Attorney for the Defendant, it is hereby ordered and decreed that both Plaintiff and Defendant shall jointly attend three (3) counseling sessions with a counselor either selected from the list of qualified professionals maintained in the Office of the Prothonotary, or as the parties may jointly choose, and that a report certifying the parties' attendance at the ordered sessions shall thereafter be filed by the counselor. The counseling referred to herein shall be completed within ^_k- ninety (90) days "IlRIi 'j\.- --lIel! Ii __':'d ...vum,~llu::l ~l._ll 11I8 BI!H!.fII!. ~'''' "l~ ~~~ p:~~iPR. Further proceedings on said divorce are stayed pending compliance with this Order. BY THE J. ...". en - >-,.. ~~- :'C t- .r. 0- Idr'I="':~ ~.J :i: (~~ ... o i;:(j(':.t -t .I.:C(::.."', .~ '/ :t!G -:r . a: ,... -'" .,'~'.j . .....1... ,,- ~') ~;(..., -::r .'. . , ~ BONNIE L. SHUGHART, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff v. GABRIEL R. SHUGHART, Defendant NO. 1137 CIVIL 1994 IN DIVORCE PETITION FOR COURT-ORDERED MARITAL COUNSELING AND NOW, comes the Defendant, GABRIEL R. SHUGHART, by and through his attorneys, Andrews & Johnson and Ronald E. Johnson, Esquire, who respectfully represents as follows: 1. That on or about March 28, 1994, the Defendant was served with a Complaint in Divorce filed by his wife, BONNIE L. SHUGHART, in which Complaint his wife alleges as the ground for divorce an irretrievable breakdown of the marriage under Section 3301(c) of the Divorce Code and indignities under Section 3301(a) (6) of the Divorce Code. 2. That the Defendant, GABRIEL R. SHUGHART, has been advised and understands that he can request court-ordered marital counseling in accordance with Section 3302 of the Divorce Code, which would require he and his spouse to participate in marital counseling. 3. That being so advised he does request the Court to require he and his spouse participate in joint counseling sessions, all as in accordance with Section 3302 of the Divorce Code. ". ,'. .....~ " ! WHEREFORE, Defendant respectfully requests that Your Honorable Court enter an order directing the parties to the above-captioned divorce action to participate in at least three (3) sessions of joint marital counseling and that all proceedings be stayed until compliance with said order. 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: '"/27<1./7 <30,' 9ij' J'~;~4?i'~~~ - Gabr~el R. S ughart Defendant ANDREWS & JOHNSON linson, Esquire fret Street Carlisle PA 17013 (717) 243-0123 .." .,...---.... '''''':''''~ -, BONNIE L. SHUGHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1137 CIVIL 1994 v. GABRIEL R. SHUGHART, Defendant IN DIVORCE STIPULATION The undersigned counsel stipulate and agree that the parties completed the counseling sessions which they were directed to attend pursuant to the Order of Court dated April 4, 1994. Date: I / ;)Jh~ ~. Edward E. Guido, Esquire Attorney for Plaintiff Date: ;",:;j;1fl- on, Esquire efendant ~ - r,.. .r,'. -~.- , - ~ - ,~.., ...-' :To .... .-, ,...-..."".--..>",".,..-."...",--~- - BONNIE L. SHUGHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1137 CIVIL 1994 v. GABRIEL R. SHUGHART, Defendant IN DIVORCE AFFIDAVIT OF CONSENT (1) A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 9, 1994. (2) The marriage of plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. (3) I consent to the entry of a final decree of divorce. (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. 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. Dated: ~2.4J. /1. /?r?S \ :I~)w/;' X ~a.d' Bonnie L. Shug , t, Plaintiff SAlDIS, GUIDO, SHUFF & MASLAND 26 W, Hiah Stm:1 CuU,I., PA ..... en ,... .,: ~~:= " ~ ("or, "'" z ~ -. - , . BONNIE L. SHUGHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1137 CIVIL 1994 v. GABRIEL R. SHUGHART, Defendant IN DIVORCE AFFIDAVIT OF CONSENT TO DIVORCE (1) A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on March 9, 1994. (2) Defendant acknowledges that service of the Complaint was made by certified mail on March 21, 1994. (3) The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. SAlDIS, GUIDO, SHUFF & MASLAND 26 W, High 51""" ClU'lisle,PA (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 consent to the entry of a final decree of divorce. (6) I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. (7) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. Being so advised, I do not request that the Court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the Court. 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. Dated:~~;" q- 91 ,. , ^ a.n ~ :-:;. , - -. .;.:- - :-."} '''-I :r. -, ~. , -..