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HomeMy WebLinkAbout03-0221WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 JAMES E. ORRIS, JR., Plaintiff DIANA LYNN ORRIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03- do~ J CIVIL TERM : : 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 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 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. 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 Telephone: 717-249-3166 Wayne 1~. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfi'et Street Carlisle, Pennsylvania 17013 JAMES E. ORRIS, JR, Plaintiff DIANA LYNN ORRIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03- ,~ ~ / CIVIL TERM : IN DIVORCE COMPLAINT Plaintiff in this Action in Divorce is JAMES E. ORRIS, JR, an adult individual who resides at 241 Montebello Farm Road, Duncannon, Perry County, Pennsylvania 17020. Defendant is DIANA LYNN ORRIS, an adult individual and citizen of the United States of America who resides at 2365 Old Trail Road, Etters, York County, Pennsylvania 17319. 3. Defendant has been a bona fide resident of the Commonwealth of Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. 4. Plaintiff and Defendant were lawfully joined in marriage on August 10, 1996, in Franklintown, York County, Pennsylvania. WAYNE F. SHAD~ Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 2001. The parties have been living separate and apart since on or about November 15, o Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. In the alternative, Plaintiff avers as the grounds on which this action is based that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render the condition of Plaintiff intolerable and the life of Plaintiff burdensome. In the further alternative, Plaintiff avers as the grounds on which this action is based that Defendant has committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. This Action in Divorce is not collusive. 9. Both parties to this Action in Divorce are legally capable of managing their own concems. -2- WAYNE F. SHADE Atlomey al Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 10. Defendant herein is not a member of the armed forces of the United States of America. 11. There was one child bom to the parties, namely, Jamie Elizabeth Orris, bom February 1, 1997. 12. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. Wayne. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff -3- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 I verify that the statements made in this pleading 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: January 9, 2003 J~s E. Orris, Jr. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 JAMES E. ORRIS, JR., Plaintiff Vo DIANA LYNN ORRIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 03-221 CIVIL TERM : : IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO: Date: Curtis R. Long, Prothonotary Please reinstate the Complaint in the above-captioned matter. March 28, 2003 Wayne F/Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attomey for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Porafret Street Carlisle, Pennsylvania 17013 JAMES E. ORRIS, JR.~ Plaintiff Vo DIANA LYNN ORRIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-221 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE WAYNE F. SHADE, ESQUIRE, certifies that he is counsel for Plaintiff JAMES E. ORRIS, JR. in the above-captioned matter, that he did, on March 28, 2003, serve the Complaint in the above-captioned matter upon Defendant DIANA LYNN ORRIS by certified United States mail, postage prepaid, return receipt requested, addressee only, and that the same was received by Defendant on March 31, 2003, as evidenced by the return receipt card attached hereto bearing Certified No. 7099 3400 0018 5044 8752. It is understood that false statements herein are made subject to the penalties of ! 8 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: April 2, 2003 Wayn~e ~. S~ade~~ P°stagei$ ~'~)~.~ Certified Fee Return Receipt Fee S~,.75 (Endorsement Required) _ Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ~' ~ ~'. ~ )ec{%ie.t's Nature (Pleas~ Print Clearly) (to be completed by mailer) rta i,. g~'r:l.S Street, Apt. No.; or PO Box No. 365 Pleasant View Dr., Lot 27 City, State, ZIP+4 Etters 17319 · 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. A~icle Add~sed to: Diana L. Orris 365 Pleasant View Etters, PA 17319 Dr.,Lot [ A. Sigl~ture _ ~ ~ ~-/,, ~ [] Agent x [] Address. B/~eceived by f Print~ame) ~ C. Date of pe~ive~ ~.Is ~iv~ add~di~t ~m it~ 1 ? ' ~ Yes If YES, enter delivew address below: ~ No 3. Service Type [~,.Certified Mail [] Registered [] Insured Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) r~Yes 2, Article Number (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt WAYNE [ Attorney at Law 53 Wesl Pomfret Street Carlisle, Pennsylvania JAMES E. ORRIS, JR., Plaintiff V. DIANA LYNN ORRIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 03-221 CIVIL TERM : : 1N DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) A Complaint in Divorce under ~3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on January 14, 2003, and served on March 28, 2003. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) :lays have elapsed from the date of filing and service of the Complaint. 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 ifI do not claim them before a divorce is granted. WAYNE F. Atlomcy at Law 53 West Pomfret Carlisle, Pennsylvania 17013 I understand that I will not be divorced until a Divorce Decree is entered by the 2ourt and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand thai the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. 9. I verify that the statements made in this Affidavit are true and correct. I anderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 3'uly 15, 2003 ,a~ames E. Orris, Jr. ~,/ ~ WAYNE F. SHADE Atlorney at Law 53 West Pomfret S~reet Carlisle, Pennsylvania 17013 JAMES E. ORRIS, JR. Plaintiff Vo DIANA LYNN ORRIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERi,AND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 03-221 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF YORK ) 1. A Complaint in Divorce under §3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on January 14, 2003, and served on March 28, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. WAYNE F. SHADE I understand that I will not be divorced until a Divorce Decree is entered by the ~ourt and that a copy or'the Decree will be sent to me immediately after it is filed with the Prothonotary. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Cocwt require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. 9. 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: July 12, 2003 Diana Lynn Orris '--- WAYNE F. SHADE JAMES E. ORRIS, JR., Plaintiff Vo DIANA LYNN ORRIS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 03-221 CIVIL TERM : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. The date and manner of service of the Complaint were March 28, 2003, by United States certified mail, return receipt requested, addressee only. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree under §3301 (c) of the Divorce Code by Plaintiff was July 15, 2003, and by Defendant was July 12, 2003. 4. Related claims pending: None. Date: July 15, 2003 Waynl5 F. Shade Attorney for Plaintiff IN THE COURT OF COMIMON JAMES E. ORRIS, JR., Plaintiff OF CUMBERLAND COUNTY STATE OF ~ PENNA. PLEAS VERSUS DIANA LYNN 0RRIS~ Defendant · -003-221 CIVIL TERM DECREE IN DIVORCE AND NOW, ~,~/~ ~-;/~ 2003 IT IS ORDERED AND DECREED THAT JAMES E. ORRIS~ JR. , PLAiNTiFF, AND DIANA LYNN ORRIS , 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: / ATTESt. ' ~ J / · ]~/~':'~- ~/'P ROT H O N OTA Ry