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HomeMy WebLinkAbout02-5735 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROY K. CARBAUGH, Plaintiff JACKIE L. CARBAUGH, 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 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 judgement may also he entered against you for any othe~ 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 grounds 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 at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 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 'FAKE 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROY K. CARBAUGH, Plaintiff JACKIE L. CARBAUGH, Defendant CIVIL ACTION- LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c~ OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the above named Plaintiff, Roy K. Carbaugh, by and through his attorneys, Weigle & Associates, P.C., and Richard L. Webber, .Ir., Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 5. 6. 7. 8. 9. Plaintiff; Roy K. Carbaugh, is an adult individual presently residing at 52 Thompson Creek Drive, Shippensburg, Southampton Township, Cumberland County, Pennsylvania, since 1993. Defendant, .iackie L. Carbaugh, is an adult individual presently residing at 11361 Mt. Roadi Orrstown, Franklin County, Pennsylvania, since October 15, 2002. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of the Complaint in Divorce. The Plaintiff and Defendant were married on September 10, 1984 in Hagerstown, Maryland. There have been no prior actions of divorce or for annulment between the parties. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling. The marriage is irretrievably broken. The parties have lived separate and apart since October 15, 2002. The Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. WEIGLE & ASSOCIATES, P.C. By: Richard L. Webber, Jr., Esquire/-h Attorney for Plaintiff Attorney ID #49634 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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. Roy'. Carbaugh, Plaintiff ~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROY K. CARBAUGH, Plaintiff JACKIE L. CARBAUGH, Defendant CIVIl, ACTION - LAW NO. 92-5735 CIVIL IN DIVORCE ACCEPTANCE OF SERVICE I, JACKIE L. CARBAUGH, do hereby depose and say that on the'~C/lt~ day of '~(~()'e~f?/~ ~' , 2002, I received and accepted service of a true and attested copy of the Notice to Defend and Claim Rights with Complaint in Divorce in the above-captioned acdon. I verify that the former statement is true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. j~kie L. Carba't~gh, Defendant Mailing address: I , WEIGLE & ASSOCIATES, P.C. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROY K. CARBAUGH, Plaintiff JACKIE L. CARBAUGH, Defendant CIVIL ACTION - LAW NO. 02-5735 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on December 2, 2002. 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 of 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. R . CARBAUGH, Pl~tift WEIGLE & ASSOCIATES. P.C.-- ATTORNEYS AT LAW -- 126 EAST KINI3 STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROY K. CARBAUGH, : CIVIL ACTION - LAW Plaintiff : : v. : NO. 02-5735 CIVIL JACKIE L. CARBAUGH, : Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 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 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 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. WEIGLE & ASSOCIATES, P.E.-- ATTORNEYS AT LAW -- 126 F-~ST KING STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROY K. CARBAUGH, : Plaintiff : V. _, JACKIE L. CARBAUGH, : Defendant : CIVIL ACTION - LAW NO. 02-5735 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on December 2, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of 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. {CK~E L. CARBAU~H, Defendant WEIGLE & ASSOCIATES, P.C.-- ATTORNEYS AT LAW -- 126 EAST KING STREET --SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROY K. CARBAUGH, Plaintiff JACKIE L. CARBAUGH, Defendant CIVIL ACTION - LAW NO. 02-5735 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 unswom falsification to authorities. J~KIE L. CARBAU'GH, Defend~q~ WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROY K. CARBAUGH, Plaintiff V. JACKIE L. CARBAUGH, Defendant CML ACTION - LAW NO. 02-5735 CIVIL IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD decree: Transmit the record, together with the following information, to the court for entry of a divorce Grounds for divorce: irretrievable breakdown under § 33 01 (c) of the Divorce Code. Date and manner of service of the complaint: December 9, 2002, by mailing via first class mail, postage paid, Shippensburg, Pennsylvania. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff: March 10, 2003; by Defendant: March 11, 2(103. Related claims pending: None Date Plaintiff's Waiver in § 3301(c) Divorce was filed wil/h the prothonotary: March 14, 2003 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: March 14, 2003 WEIGLE & ASSOCIATES, P.C. Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney ID #49634 126 East King Street Shippensburg, PA 17257 Telephone (717)532-7388 WEIGLE ~{ ASSOCIATES.RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG. PA 17257-1397 IN THE COURT OF COMMON ROY K. CARBAUGH PLATNTIFF VERSUS JACKIE L. CARBAUGH DEFENDANT OF CUMBERLAND COUNTY STATE OF ~~ PENNA. NO. 02-5735 PLEAS DECREE IN DIVORCE AND NOW, 2003 , IT IS ORDERED AND DECREED THAT ROY K. CARBAUGH , PLAINTIFf, AND JACKIE L. CARBAUGH _, 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 PROTHONOTARY