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Home My WebLink About95-05060 1 OJ 11 1 ~ J ~ J o ~ I -, . .,' ~ .--- .. . . . I//?'~ tV. ~~#4';;~ /f/'I,tJ/J tl1tY IH~ ~ ~- ' . VB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95.5060 CIVIL TERM CIVIL ACTION - DIVORCE IN DIVORCE MICHAEL A, STUART, Plaintiff SHERRY M. STUART, Defendant 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 SeatieR 33Q1 (e) 3301(d)(1 ) of the Divorce Code, (Strike out Inapplicable section), 2, Date and manner of service of the complaint: Affidavit of Service signed and filed by Harold S, Irwin, III, dated September 28,1995, 3, (Complete either paragraph (a) or (b)), (a) Dale af eKeelltieR ef the affidavit ef seRseRt faqlliFedlly EemieR 33Q1 (e) ef tile Diveree Cede: Ily tile PlaiAlirf ; By tt:t8 DefeRl:taAt (b) (1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: 12/23/99 (2) Date of service of the Plaintiffs affidavit upon the Defendant: 2/19/00 4, Related daims pending: None 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: 2/19/00 certified mail (b) Date PlaiAtiJf'e 'A'aiver at ~Jetiee iA ~391 (6) Qiveree '::as fileEj with the PFetheAela~i: Date DefeA~aRt'6 '}Jai'/er af ~Jetiee iA 33Q1 (6) [U',:eree '.vas filed with t~e PF8U~9Aelaf)': <'-J "" ~~ ~ ~... . of.... :IE: u,t-?':",( tC:I ,'\~~ -. <<.:'x....~ Ul k.o(.'~ N h_T.'~'.- 1.'); "'. ..' 0") ~":"_ :~; Ilh!.:.... :1"" ". t~..x. -+ -" ,;;:. i\ SJ~ ~\) ........ ~ ~ ~ ~ ~t III 0< r.:IO< OW .. ..:111. OW s:l 0. -.4 III fS ft ':Ii: '.. ,'0 :z:><o< f<s:l f<s:l ~ I! Of<..:l lIIl-.4 lIIlGl ~~I <C1II 0< OW r.:I 1:1.-4 I:IGl 00 U f<o. f<c:l I'" I p UU:Z: lIIl III III 0 0 ra.c:l'" > , , , ~, i ~ o~~ ... 0< > :E I fIj "" ~ f<..:l0< ..:l >< lIIlllll :z: r.:I lIIl I:Ir.:I..:l ... 0< C O~'" :c lIIl r.:I U > U :c i ... ... r.:IUU :E III :c f<ra. 0 :z: ... , . . , .. , , . lAW Ol'f'I:D IIAROI.D S, IRWIN. 111 ~ ~ " IIAROLD S. IRWIN,III, ESQUIRE ATIORNEY ID NO. 29920 J6 SOUTII PITI STREET CARLISLE PA 17013 (717) 24J-6090 ATIORNEY FOR PLAINTIFF MICHAEL A. STUART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 95 - 5CkJO CIVIL TERM SHERRY M. STUART, Defendant : IN DIVORCE !:'JJJ1:J.a. 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 in 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 visi1ation of your children, When the ground for 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 17013, 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. Court Administrator Cumberland Count Courthouse I Courthouse Avenue Carlisle, PA 17013 (717) 240-6200 MICHAEL A. STUART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 95 - CIVIL TERM SHERRY M. STUART, Defendant : IN DIVORCE NOW, comes the plaintiff, Michael A. Stuart, II, by his attorney, Harold S, Irwin, III, Esquire, and files this complaint in divorce against the defendant, Sherry m, Stuart, representing as follows: I, The plaintiff is Michael A, Stuart, an adult individual residing at 500 South Hanover Street, Suite 13, Carlisle, Cumberland County, Pennsylvania 17013, where he has resided since approximately July 18, 1995, 2, The defendant is Sherry M. Stuart, an adult individual residing at 136 Amy Drive, Carlisle, Cumberland County, Pennsylvania 17013, where she has resided since approximately February, 1995, 3, The parties have been residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this action in divorce, MICHAEL A. STUART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 95 - CIVIL TERM SHERRY M. STUART, Defendant . . : IN DIVORCE The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling, 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 counseling prior to a divorce decree being handed down, I verilY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities. - ~"'II.u1(~ . t n,..." 1995 MI Plaintiff ~ .. ~)>. ...(~- L.J:':..;r....: '~~. u.. ,_ . . ...::::'-': ~'~.: ~ ,,_I '.. '.',' ::~ . .'.-1, U [. .~:: L ~: r~ iE (I) o N co C'>.I J!i III . oCoC '" ~~ '" ~ l:l.1Il ... C === :! l:l. :J:~ fo~ III Z IlI:C fo'O o . oClIl oC'" :!~ ~~ ~fo 1:)11I I fo.... 1:)'" 8~ Z~ 1Ill:l. foil III 01-< IIlQ U 0 1-<> . Ill: ~"~ ~ c..u EoI-< oC . 0 0 uu > . > j:l .c ~ :a: I-< ~ .... EoZ 0 I\ll >< Q 1lI:.c ~IO I:)~ 1-<0 oC Ill: :.z: o Ill: >Itl :z: Ilil I-< UIIl 1-<' U I\ll I-< :z: Gl~ UItl :a: 0\ III EoU Z'" 1-<0 . ~ . ~ " I .. LAWOR'ICI'S HAROl.D S. IRWIN, ITT '. . . HAROLD S. IRWIN, 111, ESQUIRE A TIORNEV ID NO, 29920 36 SOUTII PITI STREET CARLISLE PA 17013 (717) 24J..6090 ATIORNEV FOR PLAINTIFF MICHAEL A. STUART, PlaintilT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNlY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 95 - 5060 CIVIL TERM SHERRY M. STUART, Derendant : IN DIVORCE AFFIDA VIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. /920.4 (a)(J)(i) COMMONWEALTH OF PENNSYLVANIA : SS: COUNlY OF CUMBERLAND NOW, Harold S, Irwin, III, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce, 2, That a certified copy of the complaint in divorce was served upon the defendant on September 25, 1995, by certified mail, "restricted delivery", addressed to her at 136 Amy Drive, Carlisle, PA 11013, Return Receipt No, Z 221 289024, 3, That the said receipt for certified mail is signed and is attached hereto and made a part hereof. I verifY that the statements made in this affidavit are true and correct, I understand that false statements herein made are subject to the penalties of 18 Pa, C, S, Section 4904, relating to unsworn falsification to authorities September 27,1995 /' - 11 y 1 .7 ( .YM---<./--.J L1.Y/' HAROLD s. IRWIN, OJ Attorney ror plalntill' / ~/ ,I 0 Coml>IoIo i.- I tttdIor 2 lot _ _., '10 ~_3.1IId"'b, . PrInt your '*'" Md Iddtta on the ...... of tNI form 10 thet WI can IlIUm lNo coni .. you, , o AlUdIlNo lorm I. ....front .f.... ......... It....... _ K_ -....-. I 0 WrIlt.'RoturnRocolpt...........,.onu........._u.__ 'II . 'Me ftetum ft8CIipt wtI thow to whom thllrticlt w.. dIIYeted end the dItI S--, J ~~-:;;.~ 5T~r /3& AmY -oe C !teLASL.f.. -PA /70 t3 PS Fonn . December 1991 i 2, ~ Re'lrlcted Delivery I COIlIUIt lmooter lor I.., 4e, Article Number 4b, s~~ ~ypo 28 02. j o Roglllered 0 In.ured IIiI Certified 0 COD f o up.... Moll 1& Return Rocolpllor 7. D e 01 Deuve",:~ f""" .J ~ ' "::25'"~ L:) I 8, A re_'. Add.... (Only II r_au t oneil.. I. paid) .u.a.1'O:1---.no DOMESTIC RETURN RECEIPT I 01.0 wllh to .-lw 1110 loIlowing IOrvlcea llor on Olllre 1..1' I, 0 Add_'eAddre.. &. 8. S U 1!:li '- o G aa &I';: ::r 0> G ru _ III r ~ oi ~. ] .."" 0': D"" ~IIC U 0- -t:I 'tI ~ - ~ I1J Q.J! Ii = t ~ "S=f a~: I1J Gl.,_Ct I1J 11:0 ~.3~ .. ~II I- lY1 I~ Q aJ') ~ t'tJ t'- "- ~ ~ - " R ...... N " ltj ~ ..... ... ... ~ <:t i € (\. ~ I € . , , . -)- . . , \AI (t; i ~ .<t :-J . . ;." , , , ~ 1- " . ~ ~ ,..J I " , , , " ,'\1 , , ; . , . , !~ ~ y , ,V) . '-0: ' , ~ } t ,,\, , i J :- i -; l :l ,'~ .. . tlI81 u"'wn 'OOllt IllIO:f Sd 'stuart 'aff of wn 3301 d ljb 04/06/00 MICHAEL A. STUART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 95.5060 CIVIL TERM IN DIVORCE va. SHERRY M. STUART, Defendant T AND now, this b day of >frn' / ' 2000, I. CAROL J, LINDSAY, Esquire, ofthe law firm of FLOWER, FLOWER & LINDSAY. Attorneys. hereby certify that I served the Defendant, SHERRY M, STUART, on February 19,2000 with the 3301(d) Affidavits of Consent by Certified Mail, Return Receipt Requested, Restricted Delivery, Addressee Only, addressed to: Sherry M. Stuart 136 Arny Drive Carlisle, PA 17013 and proof thereof, the signed Return Receipt Card, is attached hereto FLOWER, FLOWER & LINDSAY, P.C. AUomey. for Plaintiff By Carol J. Lindsa ,Esquire ID # 4469~ ,. 11 East High Street Carlisle, PA 17013 (717) 243-5513 stuart aft of con 3301 d. tjb December 22, 1999 '. .. , . MICHAEL A, STUART, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95.5060 CIVIL TERM IN DIVORCE Plaintiff VB. SHERRY M. STUART, Defendant 1. The Parties to this action separated on July 15, 1995 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 conceming alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted, Y.EBI.EJCAIlQN I, the undersigned, hereby verify that the statements made herein are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C,S, ~ 4904, relating to unswom falsificetion to authorities, Date: '2.:> ()p t'e- 'o...~ '1. ~ .. LA II' OFFICES }<'LOWER, FLOWER & IAIN))SA Y FILE COpy A PROfESSIONAL CORPORATION II EAST HIGH STREET CARLISLE, PENNSYLVANIA 170\3,3016 (711) 241,5lB fAX: (711) 1').6510 FPLEsqOaol.conl JAMES 0, PLOWER JAMES 0, PLOWER, JIt. CAROL J, UNOSA Y THOMAS I!. PLOWER February 9, 2000 CertifleJ.t Mall Return RecelDt Reauested Ms. Sherry M. Stuart 136 Amy Drive Carlisle, PA 17013 Dear Ms, Stuart: I enclose for selVice an Affidavit under Section 3301 (d) of the Divorce Code which I filed on behalf of Michael Stuart. I also enclose a Counter-Affidavit with Notice attached, Additionally, I enclose a Notice of Intention to Request Entry of a Divorce Decree and a Notice of Intention to Transmit the Record. Please feel free to take these documents to your attorney, Very truly yours, LINDSAY, P,C, CJUtjb Enclosures ce: Michael Stuart stuart aU 01 ~on 3301 d Ijb 02109100 MICHAEL A. STUART, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-5060 CIVIL TERM IN DIVORCE Plaintiff VS. SHERRY M, STUART, Defendant NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Ms, Sherry M. Stuart 136 Amy Drive Carlisle. PA 17013 YOU HAVE BEEN SUED IN AN ACTION FOR DIVORCE, You have failed to answer the Complaint or file a Counter-Affidavit to the Plaintiffs Affidavit. Therefore. on or after February 29. 2000, the Plaintiff 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, 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, A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE, 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 UBERTY AVENUE CARUSLE, PENNSYLVANIA 17013 (717) 249-3166 February 9, 2000 sluart aff 01 con 3301 d Ijb 02/09/00 " Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95.5060 CIVIL TERM IN DIVORCE MICHAEL A. STUART, vs. SHERRY M. STUART, Defendant NOTICE OF l~rENTION TQ TRA~IT THE RECORD TO: Ms, Sherry M. Stuart 136 Amy Drive Carlisle, PA 17013 Michael A. Stuart, Plaintiff. intends to file with the Court the attached Praecipe to Transmit the record on or after February 29, 2000 requesting that a final Decree in Divorce be entered. FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: February 9, 2000 stuart aft of con 3301 d IJb 02109/00 \ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95.5060 CIVIL TERM MICHAEL A, STUART. V5. SHERRY M. STUART. Defendant IN DIVORCE NOTICE IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE, AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDA VIT. February 9.2000 , stuart. all of ~on 330,1 d , lib 02/09/00 MICHAEL A. STUART, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95.5060 CIVIL TERM PlaIntiff vs. SHERRY M. STUART, Defendant IN DIVORCE CERTIFICATE OF SERVICE .~ 1!1... AND now, this r,p day of ,2000. I, Carol J, Lindsay, Esquire, of the law firm of FLOWER, FLOWER & LINDSAY A orneys, hereby certify that 1 served the within NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE; NOTICE OF INTENTION TO TRANSMIT THE RECORD; NOTICE; AFFIDAVIT UNDER ~3301(d) OF THE DIVORCE CODE; NOTICE TO OPPOSE; and COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE this day by depositing same in the United States Mail, First Class, postage Prepaid, in Carlisle, Pennsylvania, addressed to: Ms, Sherry M, Stuart 136 Amy Drive Carlisle. Pennsylvania 17013 FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: say. Esquire . sluart art of con 3301 d . . . Ijb 04/06/00 . , FILE COpy MICHAEL A, STUART, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95.5060 CIVIL TERM IN DIVORCE Plaintiff vs. SHERRY M. STUART, Defendant AND now, this day of , 2000, I, CAROL J. LINDSAY, Esquire, ofthe law firm of FLOWER, FLOWER & LINDSAY, Attorneys, hereby certify that I selVed the Defendant, SHERRY M. STUART, on February 19,2000 with the 3301 (d) Affidavits of Consent by Certified Mail, Return Receipt Requested, Restricted Delivery, Addressee Only, addressed to: Sherry M. Stuart 136 Amy Drive Carlisle, PA 17013 and proof thereof, the signed Return Receipt Card, is attached hereto. FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By Carol J, Lindsay, Esquire 10 # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 .-.. "'- ~tuart. aft 01 con 3301 d lib 04/06/00 MICHAEL A. STUART. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 95-5060 CIVIL TERM IN DIVORCE Plaintiff V5. SHERRY M. STUART I Defendant ... SENDER: _ _ I a1110 w\Ih \0 rece\V8 \118 t .~_' _2101'---- lotloWin9 serv\C8S (tol an \ :~-==~;:;''::On...._oI""-",,,'...~..ium....., 8xtfa 188): .=l:'io<mto...."""'oI....-''''...t\lO~~ ' 1,0 AddresS88'sAddress ___ .2, ..t A8s1l1ded QeUv8ry .W..._'_R""""'~"'''''-' .J"l....:. & . ::.=:r' ~.... u- to """"' t\lO'- : d/lll consu~ poo,mas'81 torl88, ~ 3, Ar\iCI. Addl.Ssed '0: I1i N m\l81 \ ~::'J \:A '-- ~J 1~il-nl:llJ 5, AOCO\o<ed By: (Print Name) , I )S e.l1ified I , 0 Exgr8SS M.II 0 tnsured ! Of\O\U!l\~tlolMoftll8l1lli'8 DeCO 1 7, 0.10 01 DelIv.ry · L_li-DO i re_'o Address (only i/ requesled 'I 7/88 is paid) ~ &, 5ign81Ur.: (AiJdresS88 or Ageqll . . -- . J. X': - . .' ! JI PSfonn38 1. ' \~ ,... ,_'11&...... Domestic Retum Receipt 1'.,ICr/IiL:L I), :,7L',/t-:r ('OlJJrl r F 1/, .5f1l:f!.F'-V 1''1 r ,"futl~i /")CFEND AlJT "...4Jl-#~"'" V ._ ({ ~);J () (,,0 March 27.1(1)6 The Honorable Edgar B, Bayley. I am responding to the March II. 1996 Petition, The reasons I'm filing against this peti1ion is stated in the rest of this leller. When I began my case with The Family Law Clinic I do not recall signing any documents stating I would not retain another lawyer on this mailer to disqualifY me as a client. However. according 10 Mall I was verbally informed that I signed that contract The Family Law Clinic was notified of my employment. My income still made me eligible to be a client Mall Tenner and Gail Shearer were present at the preparation of my income & expense statement. At this meeting my hours, gross pay and deductions were discussed fully prior to a Domestic Of Relations hearing, Since November of ] 995 I have discussed many times with Mall Tenner on how could I prove my husband wages were being paid cash, I've even discussed this matter with Gail Shearer also. I have suggested ways to prove it. and I've asked for suggestions but I have gollen no where I was told The Family Law Clinic has limited resources. working under the table has never been proven, and they didn't think they would take the appeal. due to lack of proof I sent in an appeal myself. I contacted The Family Law Clinic and still did not receive an answer on 1he appeal. I was discouraged over and over against all suggestions for the appeal, I decided to seek an attorney to shed some kind of light on this situation, The most important reason that I need The Family Law Clinic to finish my divorce is income, Enclosed you will find a copy of a retainer fee from my allorney just to start my divorce, There is no way I can alTord 1his fee, I have three children to support full time and another child to support part time, My case worker at the assistance office says by the time she deducts medical insurance. day care, and gas mileage I hardly make any money at all. I make less money working than when I recieved food stamps and medical, I am overwhelmed with bills right now and with missing weeks of work wi1hout pay due to my health, On the dates of separation from my husband, I was left with astronomical utility bills that I pay on my own. I am two months behind on my mortgage and I do not feel I can alTord to pay for a lengthy divorce proceeding, My family should not end up homeless due to the cost of this divorce There has been a descrepencey that my support case will interfere with my divorce, As soon as this support case is over then the rest of the divorce will continue There will be no plea bargaining between the cases of support and the divorce Please rC\-iew my petition carefully Thank you for your lime and considera1ion :;;~11J.~ p;? Shem" Stuart I I ( I~ i I I " ,-:', J/ J,cf 'f/',,"! ...d '~..,.l , \. I'lL 'LIII .. ' I/J' "I ~ J.1 , . ( \..("..~t.v L. J-~(.(..?C,,^-- t' /' /' \ _ " · '~-' 'ctJ./-- ff) L'. ,J "- I ~~ I.-Z(...t~(. iLIU Icr- 'j//ld....t.-G- )4t~'- ,1;~Y IVU~ ~ t~D(~, J," I (/ (t)L U>u).a.7't.C-'L...., u,.'-L-tt-, yYt.?f f'''- hiu.1--./ # \.-L .> ( /r. v.:.;;, u.."t .I , -!~1' J~,H CoSTOI'OUI.OS, FOSTER & FIHnS WIIJJAM C lXlSTOPOUlOS O"VIO J rosTER USIJE M, 11E1llS CIlARUS RECTOR "lHN C. WELClI T1MOTlIY P KEATING "lTllRSU"^"lllUl"'III11R' ~II."\ RII '''RKH ,rRIH 1'0 ,.OX ! lZ U.M(n.strH."i'YIV~NlA. lil'~h'!!: IfI.f.rllllNllM 1111 AREA COUl: il; FAX ihl.."lH March 12, 1996 Scherry Stuart 136 Amy Drive Carlisle, PA 17013 Dear Scherry: Enclosed please find a letter with an attached Petition to Withdraw from your divorce case filed by the Family Law Clinic. If you wish to retain me to handle your divorce, I will require an O!lditioaal retainer of 62500.00 against which I will bill at 6150.00 ~ hours. Please advise. Very truly yours, COSTOPOULOS. FOSTER & FIELDS "}' ./+4 C )tl,1... 11,tt.nY Charles Rector CR/tsw Enclosure , rr MICHAEL A, STUART. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORT SHERRY M. STUART, Defendant NO, 95-5060 DIVORCE ORDER AND NOW, this 1.L day Of~996, upon consideration of the Petition To Withdraw filed by the Family Law Clinic. it is hereby ordered that: (I) a role is issued upon the respondent, Sherry M, Stuart, to show cause why the petitioner, the Family Law Clinic, is not entitled to the relief requested; (2) the respondent, Sherry M, Stuart. shall file an answer to the petition within' 0 days -h~A ...L ~ ..AL.J.. S'~-~~ of th;, ~ ,.... {IM7-J"""'--''''' \Iv . -10 {1) \kl ~~1.~1I be i1u,;d...d uud",. y",R,C,y, Nu, !OO,1, (4} argument shall bt: held uu , l~6 tn CuuruUU"l nf the Cuu/,^"Il,uld Cuu..~ C()dlll.ou3\o., (5) ..vi;.... uf 110.. ",ub] of thi3 G.d... :rl,,,ll b.. I'w.;d..d l<l "111',,.l;... "J lI... I"".;t;u....., ~ BY THE COURT: /" - J the clinic and when the clinic undertakes to represent them, Clients are told that they must infonn the clinic of changes in their financial circumstances and that the clinic will withdraw if they become ineligible for continued representation, Since Sherry M, Stuart has retained private counsel to represent her with her pending Spousal Support Appeal. she has demonstrated that she is able to afford the services of a private attorney and therefore is no longer qualified for the services of the Family Law Clinic, WHEREFORE. the Family Law Clinic requests leave to withdraw as counsel for Sherry M, Stuart in the above captioned malter, Respectfully Submitted. Date fY/O,fJ, 4 I fCr;~' - I ,UbJ.~ Matthew D. Tenner Certified Legal Intern frl~' ~,u/ ROBERT E, RAINS THOMAS M, PLACE KATHERINE C, PEARSON Supervising Attorney GAIL R, SHEARER Staff Attorney FAMILY I.AW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 717/243-3639 . 1'> ..1.q%tf MICHAEL A. STUART, . IN THE COURT OF COMMON PLEAS OF . PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . . . V. . CIVIL ACTION - LAW . . IN DIVORCE . SHERRY M. STUART, . . DEFENDANT . 95-5060 CIVIL . omu 01' COURT Based upon the Family Law Clinic's Petition for Leave to Withdraw Pursuant to Rule 1.16(b) (6) of the Pennsylvania Rules of Professional Conduct, Sherry M. Stuart's Answer thereto and, the Family Law Clinic's petition to Make Rule Absolute, said Petition is hereby granted. The Family Law Clinic is hereby given leave to withdraw as counsel for defendant Sherry M. Stuart in this matter. /, Edgar B. Bayley, J. I . --("..... .- V. IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE MICHAEL A. STUART, PLAINTIFF SHERRY M. STUART, DEFENDANT . . 95-5060 CIVIL PBTITION TO MAKB RULB ABSOLUTB Now Comes The Family Law Clinic, counsel for defendant Sherry M. stuart (formerly Sherry M. Stapel , and petitions ths Court to make absolute its Rule of March 11, 1996, to give counsel leave to withdraw. Attached hereto, and incorporated herein by reference, is an Income Disclosure Agreement, with the Family Law Clinic, previously signed by defendant, Sherry M. Stuart, (under her prior name of Sherry M. Stapel, when she first became a client of this Clinic. Respectfully SUbmitted, 8f?!iJ 2' ,rnc Date: Jk~/iLttI MATTHEW ENNER certified Legal Intern ~j- t I1:t~ ROBERT E. RAINS supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 717/243-3639 FAMILY lAW CUNIC ,. IIMellt 1M e........Nly 'v l""'lnlt '''Ill TIle OIeklNln Ie..... '" UW 0flIc1: n. WI" SIUIll IL C.......,,. nOl' 17171 24001204 ~cply It: '10 huIII CthtI IL C.......'A nOli The Family Law Clinic is a non-profit organization which represents people who cannot afford private attorneys. Based upon tbc information which you have provided us recanlinC your current income and assets, you are financially eligible lor our services. It is your obligatiOllIO inform us il either your income or your assets should incrr:asc. 1bc Family Law Clinic reservcs the righllO insist thai you oblain a private attorney if your financial situation should change so thai you can afford a private attorney. Should that happen, we will give you adequate time in which 10 obtain a private attorney before we withdraw trom tbc case. If we determine that you could afford a private anomcy and you IailIO obtain one within a reasonable time, we will petition tbc court 10 withdnw from your case. We must insist upoIl .this policy in onkt 10 be able 10 represent those peop1e wbo truly cannot afford a private 'attorney. 1HE FAMILY LAW CLINIC I UNDERSTAND 11IE TERMS SET FORni ABOVE, AND J AGREE TO INFORM 11IE FAMILY LAW CLINIC OF ANY CHANGES IN MY FINANCIAL CIRCUMSTANCES. 'I r ~ " Dace r. r- ".1\ 11 t .~>~, J /?/~ ,HfiV'" " 4)/~ - ~- -- MICHAEL A. STUART, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . V. . CIVIL ACTION - LAW . . IN DIVORCE . SHERRY M. STUART, . . Defendant . NO. 95-5060 CIVIL TERM . ClaTIFICATB OF SlaVICB I, Matthew Tenner, certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of Petition to Make Rule Absolute upon the following persons by depositing a copy of the same in the United States mail, postage prepaid, this 26th day of April 1996: Sherry M. Stuart 136 Amy Drive Carlisle, PA 17013 Carol Lindsay, Esquire 11 East High Street Carlisle, PA 17013 Charles Rector, Esquire 831 Market Street Lemoyne, PA 17057 Harold S. Irwin, III, Esquire 26 South pitt Street Carlisle, PA 17013 .,. .{ tJlft.- MA TENNER Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 , SHERRY M. STUART, PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE v. MICHAEL A. STUART, RESPONDENT NO. 95-5060 CIVIL PRAlCIPB TO WITHDRAW To the Prothonotory: Pursuant to the Order of Court of April 30, 1996 (attached), please withdraw the appearance of the Family Law Clinic on behalf of Sherry M. Stuart in the above captioned matter. Date (I1~y /3" t1?6' s,;; D,1!:t1t-IU1 att ew D. Tenner Certified Leqal Intern ~~,~ OBERT E. RAINS THOMAS M. PLACE KATHERINE C. PEARSON supervisinq Attorney GAIL R. SHEARER Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 717/243-3696 ...-"",,...,,_.. , ' , . } '''r>, ;, '"' -"V' tV . ; ~1.~1/J ". MICHAEL A. STUART, . IN THE COURT OF COMMON PLEAS OF . PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . V. . CIVIL ACTION - LAW . . IN DIVORCE . SHERRY M. STUART, DEFENDANT . 95-5060 CIVIL . ORDER 01' COURT Based upon the Family Law Clinic's Petition for Leave to Withdraw Pursuant to Rule 1.16(b)(6) of the Pennsylvania Rules of Professional Conduct, Sherry M. Stuart's Answer thereto and, the Family Law Clinic's petition to Make Rule Absolute, said Petition is hereby granted. The Family Law Clinic is hereby given leave to withdraw as counsel for defendant Sherry M. Stuart in this matter. ~ 30. I ?'Itp , Date IS/ ~13:\~B~~~ TRUE COPY FROM RECORD In Tesll"Ml' "'hei~I, IlIerll unto set my hind and me SfIaf of 5;&..1 r""~l 31 C.-Irli:1lL" t1; ~~~ ~~" A ItLd?;. ~ -~ l . PIIAI....Wry MICHAEL A. STUART, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE SHERRY M. STUART, Defendant NO. 95-5060 CIVIL CIRTI~ICATI O~ ...VICI I, Matthew Tenner, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of the Order of Court and Praecipe To Withdraw upon the following persons by depositing a copy of the same in the United States mail, postage prepaid, this 13th day of May 1996: Sherry M. Stuart 136 Amy Drive Carlisle, PA 17013 Charles Rector, Esq. 831 Market st. Lemoyne, PA 17057 Carol Lindsay, Esq. 11 E. High st. Carlisle, PA 17013 Harold S. Irwin, III, Esq. 26 South Pitt st. Carlisle, PA 17013 '/lfallJw ~~ Matthew Tenner Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street carlisle, PA 17013 717/243-3696 717/243-2968 ) MICHAEL A, STUART, PLAINTIFF v, SHERRY M. STUART, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-5010 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of March, 1996, by agreement of the parties, the time period for responding to the Rule issued on March 11, 1996 is extended until March 28, 1996. Robert E, Rains, Esquire Family Law Clinic Carol Lindsay. Esquire Charles Rector, Esquire Harold S. Irwin, III, Esquire / By the Cou~/ " :saa r....n.~..J ",.~:(l..!.. ~/~;1J4t., -vr- ..&.,l~. -~ SHERRY M. STUART, pmmONBR v. IN TIm COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE MICHAEL A. STUART, RESPONDENT NO. 95-5060 CIVIL AMENDF.D CERTIFICATE OF SERVICE I, Matthew Tenner, Certified ~ Int.cm, Family Law Clinic, hereby certify that I am serving a true and comet copy of the Petition for 'l'JIve to Withdraw Punuant to Rule 1.1~)(6) of the Penn~lvanill Rules of Profp.uional Conduct upon the following penon. by deposilini a copy of the same in the United States mail, postage ~paid, this 8th clay of Marth, 1996: Sherry M. Stuart 136 Amy Drive Carlisle, PA 17013 Carol '.;.vluy, Esquire 11 East High Street Carlisle, PA 17013 Charles Rector, Esquire 831 Market Street Lemoync, PA 17057 Harold S.Irwin, m, Esquire 36 South Pitt Street Carlisle, PA 17013 t(11;l/liuo~1J MATnIBW TENNER Certified Lepllntem TIm FAMILY LAW CUNlC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 SHERRY M, STUART, PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE FAMILY LAW CLINIC 45 North Pin Street Carlisle, PA 17013 (7\7) 243-2968 v, CIVIL ACTION - LAW IN DIVORCE MICHAEL A, STUART, RESPONDENT NO, 95-5060 CIVIL ~ERTIFICATE OF SERVICE I. Matthew Tenner, Certified Legal Intern. Family Law Clinic, hereby certify that I am serving a true and correct copies of Petition for Leave to Withdraw Pursuant to Rule 1,16(b)(6) of the Pennsylvania Rules of Professional Conduct on: (1) Sherry M, Stuart at 136 Amy Drive, Carlisle, Cumberland County, Pennsylvania, (2) Carol Lindsay. Esquire. at II East High Street, Carlisle, Cumberland County. Pennsylvania, (3) Charles Rector. Esquire, at 831 Market Street. Lemoyne, Cumberland County, Pennsylvania, (4) Harold S, Irwin. III, Esquire, at 36 South Pin Street, Carlisle. Cumberland County. Pennsylvania, by depositing a copy of the same in the United States mail. postage pre-paid, this 4th day of March, 1996, .?~ tI/~tu MA TIHEW TENNER Certitied Legal Intern -' "'- - MICHAEL A, STUART, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE v. SHERRY M. STUART, Defendant. : NO, 95-5060 CIVIL TERM ~ERTIF1CATE OF SERVICE 1, Matthew Tenner, Certified Legallntem. Family Law Clinic, hereby certify that 1 have \ , served a true and correct copy of said Praecipe To Enter Appearance on Harold S, Irwin, 111, Esq.. attorney for Plaintiff, at his office at 36 South Pitt Street, Carlisle, Cumberland County. ..-,1<..... by """".... . <upy of "" _ ;n "" Uol"" SOlO' moi'. ,..... pre...". .... 3rd day of November, 1995. (.. ',"1ft 1-- ;<1 (.u.,' /.-I'~ .~L 1 Matthew Tenner Certified Legal Intem -. . MICHAEL A. STUART t__ Plaintiff "0, fa 1\1. Coun of CommoD Pleu of Cumb.r11l1d COVDl)", P'IIDIY1"aa/a NO..9S-5060 Civil 1995 - SHERRY M. STUART, ~-- ---------- Defendant - ----------------- -----.. --J.t!_QJVORCE PLEASE ENTER THE APPEARANCE OF THE FAMILY LAW CLINIC ON PRAECIPE TO ENTER APPEARANCE -- ------ ----------------- BEHALF OF SHERRY M. STUART IN THE ABOVE CAPTIONED MATTER. ---..-..- --- ----- ----- ------- ----------------- -------- ----------------------- ------------------------....-------------------------.---------------------------------- ----------------------------- -------- TOT.aW~J;'NrR R WRr.KRR Prothonotary 19 '1 <- - ----------------------------- f,-' I, - ~(~ f/. ' ,;:) /7 / "'-"'J " . " /L.t.d '-l-'t. ROBERT E. ~INS ,,' Supervilia, AUy GAIL R. SHtARER, STAFF ATTY. ~~ ') I:' ~ 1A.'?t;-l - -( it - MATT . '! I::NNt:~ SIudeat Ally for Pllialiff '. . No. 95-5060 Term, 19 95 MICHAEL A. STUART, Plaintiff OCT jO I 24 I'M '95 VI. SHERRY M. STUART, Defendant , :J,.},rw' .:" ,~. r ~ . l.. ~;\;, ~ Cv~~~ _~'..~ '",',.'''~r po... ~l' l.1r'A""l~ PRAECIPE Filed J C' - ~cl 19~ MATTHEW D. TENNER, SIudeaIAUy SuperviUIAUy ATTY. gOt:n:;~DT p RA TN~. GAIL....R....SH,tARER, ~T!<FF lbe ramily Law Cltmc 45 Nonh Pitt Street Carlisle, PA 17013 717/240-5204 stuart aft of con 3301 d tjb 02109/00 MICHAEL A, STUART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95.5060 CIVIL TERM IN DIVORCE V5. SHERRY M, STUART, Defendant NOTICE OF INTENTION TO REQUEST ENIRY OF DIVORCE DECREE TO: Ms. Sherry M, Stuart 136 Amy Drive Carlisle, PA 17013 YOU HAVE BEEN SUED IN AN ACTION FOR DIVORCE, You have failed to answer the Complaint or file a Counter-Affidavit to the Plaintiffs Affidavit. Therefore, on or after February 29, 2000, the Plaintiff 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, 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, A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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 LtBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 February 9.2000 stuart all of con 3301 d MICHAEL A. STUART, vs. SHERRY M. STUART, TO: Ms, Sherry M, Stuart 136 Amy Drive Carlisle, PA 17013 Ijb 02109/00 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 95.5060 CIVIL TERM Defendant IN DIVORCE NOTICE OF INTENTION TO rRANSMIT THE RECORD Michael A. Stuart, Plaintiff, intends to file with the Court the attached Praecipe to Transmit the record on or after February 29, 2000 requesting that a final Decree in Divorce be entered, February 9,2000 FLOWER, FLOWER & LINDSAY, P.C, Attorneys for Plaintiff By: say, Esquire stuart an of con 3301 d tjb 02/09/00 MICHAEL A, STUART, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95.5060 CIVIL TERM IN DIVORCE Plaintiff VB. SHERRY M. STUART, Defendant NOTICE IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE, AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. February 9, 2000 stuart aft of con 3301 d Ijb 02/09/00 MICHAEL A. STUART, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-5060 CIVIL TERM IN DIVORCE Plaintiff Ys. SHERRY M. STUART, Dafendant COUNTER AFFIDAVIT UNDER SECTION 330t(.d) OF THE DIVORCE CODE 1, CHECK EmtER lA' OR 181' (a) I do not oppose the entry of the divorce decree, (b) I oppose the entry of a divorce decree because: lCHECKl1I,llijORboIh" (i) The parties to this action have not lived separate and apart for a period of at least two years; and (ii) The marriage is not irretrievable broken. 2, CHECK ElTltERlAlOR 181' (a) I do not wish to make any claims for economic retief, 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 (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights, VEBIflCATlON I. the undersigned. hereby verify that the statements made herein are true 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, Sherry M, Stuart Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . ~ Y'l(O-\~rL SIVAfr Plaintiff : File No. ~(5 - '"50& U : : vs. . . IN DIVORCE : '-~ r-lC'l2..l,2..y 11 ) . : -:::)rl)H e:T : Defendant : NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the C TH --. r7TT'o -.l \ day of~ll_ , Mo?'U"u, hereby elects to resume the prior surname of :-s,"'t-IE (>(?~ LlfiJD (YJ<{~belc..K ' and gives this written notice pursuant to the provisions of 54 P.S. S 704. DATE: ,- L ~ NrJ"':~~J[~ \...) S1g " COMMONWEALTH OF PENNSYLVANIA: : 55. COUNTY OF CUMBERLAND : ;l.H'd On the .3 .ut day of )} ( 4.1:1:. ' -i4. _, before me, a Notary Public, personally appeared t~ 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 Witness Whereof, have hereunto set my hand and official seal. 2~t/ I t (Ll" :{/jA"'(t\L.(: Notary Public NOTAllW.IIAL PIIAHCII G ROR NOTMY PU8lIC CAAUIU! 8ORO, C\~ III1UlNO '; lIIYCOIIIII'_-,,~U,-.t