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HomeMy WebLinkAbout07-0434HAROLD S. IMN,111, ESQUIRE ATTORNEY ID NO. 29920 " SOUTH PITT STREET CARLISLE PA 17013 (717) 2434080 ATTORNEY FOR PLAINTIFF GARY D. PEASE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2007 - CIVIL TERM EVA L. PEASE, r Defendant : IN DIVORCE NOTICE 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 visitation 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 GARY D. PEASE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2007 - A/3 V CIVIL TERM EVA L. PEASE, Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is GARY D. PEASE, an adult individual residing at 35 Manada Creek Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is EVA L. PEASE, an adult individual residing at 21921 Admirals Walk, Watertown, Newl13601. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on June 22, 1985 in Theresa, New York. 5. Pursuant to the Divorce Code, Section 3301(d), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken and that the parties hereto have lived separate and apart for a period of at least two years. The parties have lived separate and apart since about August, 2002. 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as your Honorable Court may deem equitable and just. 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. ?? 0 ? January 19, 2007 GARYVA61",laintiff HAROLD S.IRWIN, III Attorney for plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 GARY D. PEASE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2007 - y_Y CIVIL TERM EVA L. PEASE, Defendant : 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 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 The parties to this action separated in August, 2002, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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. of 4904 relating to unsworn falsification to authorities. January 19, 2007 JXCt'.', 0 ARY D. P SE, Plaintiff GARY D. PEASE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2007 - CIVIL TERM EVA L. PEASE, Defendant : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or (both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. In understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. 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 unswom falsification to authorities. 2007 EVA L. PEASE, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make a claim for economic relief, you need not file this countsraffidavit. (J n 4ti ? ? 11,9 N x \.Q N GSl co "[7 ?-" Fq, q6 ;? fC1 GARY D. PEASE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2007 - 0434 CIVIL TERM EVA L. PEASE, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(1) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on January 22, 2007, by certified mail addressed to the defendant at 21921 Admirals Way, Watertown, NY 13601, Certified Mail No. 7006 2760 0002 7405 8785. 3. A copy of the sender's and return receipts are attached hereto. 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. January 25, 2007 Harold S. Irwin, III Attorney for plains 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 10 u, (Domestic Only; Coverage Provided) CO tti For delivery information visit our website at www.usps-.-CoM-----N L, T, C3 ?- t U IL Oj Postage $ C? Called Fee i , - ru --W 1:7 Postmark C3 Return Receipt Fee Here r3 (Endorsement Required) ` r 2L* 15? C3 Restricted Delivery Fee C3 (Endorsement Required) ?- " N Total Postage & Fees ru -13 Sent To ` ? C3 r%- 1Z? Sfreet, Apt No.; or PO Box No. -------- -? D d:110 City, State, ZIP+4 PS Form 3800. ?Ons ¦ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ¦ Print your nom 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 It space permits. 1. Artlole Addressed to: ?VA L P;?S3 21921 WXTERTOWI NY 13531 A. X ? Agent ? Addressee B. Received by (ftted Nerve) C. Date of Delivery D. Is delivery address different from item l? O Yes If YES, enter delivery address below;o 3. El Express Mail ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 2. Article Number 7006 2760 0002 7405 8785 (rw?srer from service kow PS Form 3811, February 20044 Dorranc Rebxn Reodpt 102696-02-M-1540 ; EXHIBIT "A" .i .E GARY D. PEASE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2007 - 0434 CIVIL TERM EVA L. PEASE, Defendant : IN DIVORCE AFFDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(d) of the Divorce Code was filed in this matter on or about January 19, 2007. Service of the complaint was made upon defendant on January 22, 2007 (see affidavit of service filed January 25, 2007). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. May 1, 2007 GAY D. ESE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. Section 4904 relating to unsworn falsification to authorities. May -4, 2007 •• (( GARY D. SE sue, -T7 GARY D. PEASE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2007 - 0434 CIVIL TERM EVA L. PEASE, Defendant : IN DIVORCE AFFDAVIT OF CONSENT A complaint in divorce under Section 3301(d) of the Divorce Code was filed in this matter on or about January 19, 2007. Service of the complaint was made upon defendant on January 22, 2007 (see affidavit of service filed January 25, 2007). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. 2007 (fO EVA L. PEASE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(D) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. _L0_, 2007 EVA L. PEASE Cr u`v?e , Z C`:o t KIMBERLY A. ALLEN Notary Public, State of New York No. 01 AL6139198 My Commission Expires Jan. 3, 2010 ?f S0 r {'j rTi HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 24341060 ATTORNEY FOR DEFENDANT MARY D. PEASE, : IN THE COURT OF COMMON PLEAS OF Plalntm : CUMBERLAND COUNTY] PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2007 - 0434 CIVIL TERM EVA L. PEASE, 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: Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about September 30, 2003 defendant was served with a copy of the divorce complaint by U.S. Certified Mail (see Affidavit of Service previously filed). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: May 11, 2007 By the defendant: June 6, 2007 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims 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: N/A. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: May 15, 2007 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 11, 2007 June 11, 2007 k---, v l./ t.,V HAROLD S. IRWIN, III Attorney for Plaintiff C O "T k t`y_ v C- 7 N C7 tV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. GARY D. PEASE Plaintiff NO. 2007-0434 CIVIL TERM VERSUS EVA L. PEASE Defendant DECREE IN DIVORCE AND NOW, c- l3 Zd? 6 IT IS ORDERED AND DECREED THAT GARY D PEASE PLAINTIFF, AND EVA L. PEASE 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; NONE BY THE COURT: PROTHONOTARY 01 17 ? G v f 4