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HomeMy WebLinkAbout03-0420HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (7t 7) 243-6090 ATTORNEY FOR PLAINTIFF JEAN L. SHERK, Plaintiff RICHARD S. SHERK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03 -~/~ .CIVIL TERM : 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 717-240-6200 JEAN L. SHERK, Plaintiff RICHARD S. SHERK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW ; : NO. 03 -~2~ CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODF NOW, comes the plaintiff, Jean L. Sherk, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, Richard S. Sherk, representing as follows: 1. The plaintiff is Jean L. Sherk, an adult individual residing at 150 North Orange Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Richard S. Sherk, an adult individual residing at 150 north Orange Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on February 11, 1956, in Lebanon, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 2 6. The plaintiff avers that she 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. January 28, 2003 HAROLD_S. IRWIN, III [ ) 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 JEAN L. SHERK, Plaintiff RICHARD S. SHERK, Defendant : IN THE COURT OF COMMON PLEA~; OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03 - 0420 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 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 or about January 30, 2003, by certified mail "restricted delivery", addressed to the defendant at 150 North Orange Street, Carlisle, Pennsylvania 17013, return receipt No. 7002 0860 0000 1076 6362. 3. That a copy of the sender's receipt and signed receipt for certified mail is 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. February 1, 2003 Attorney for plaintiff · Complete items 1, 2, and 3. Nao 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. Article Addressed to: 15o 2. Article Number (Transfer from service label) 7002 D. Is delivery address different from item 1~I-I Yes If YES, enter daiivery address below: [] No 3. Service Type ~I Certified Mail [] Express Mail [] Registered [] Return Receipt for Memhandise [] Insured Mail [] C.O.D. ~r~Yes 0860 0000 1076 6362 PS Form 3811, August 2001 102595-02-M- 1035 -13 ri9 11 I1 ~.- [:3 ,.~ Postage Certified Fee RebJ~ Receipt Fee C:] (Endorsement Required) ~3 Reeiztctad D~ivee/Fee r--t r:ndomemeat Required) Tot~ Po,tage & Fees ~J r-1 r-'l $ .38 HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (7t 7) 243-6090 ATTORNEY FOR PLAINTIFF JEAN L. SHERK, Plaintiff RICHARD S. SHERK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03 - 0420 CIVIL TERM : 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about January 30, 2003, defendant was served with a copy of the divorce complaint via certified mail, "restricted delivery", addressed to the defendant at 150 North Orange Street, Carlisle, PA 17013, with return receipt number 7002 0860 0000 1076 6362. Complete either paragraph (a) or (b): (a) (b)(1) Code: (b)(2) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: ~,~lfl, 2003. By the defendant: /t~.,,/ ! ,2003. Date of execution of the affidavit required by Section 3301(d) of the Divorce N/A. Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. Related claims pending: None 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 plaintiffs Waiver of Notrice in Section 3301(c) divorce was filed with the Prothonotary: ~,(A~ I ,2003. Date defendant's Waiver of Notice in Section 3301© Divorce was filed with the Prothonotary: ,2003 2003. IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF ~ PENNA. PLEAS ................................. Plaintiff Versus ............................... D~clant N(). DECREE IN DIVORCE .... ~'~1' '~ ................ .~...~, it is ordered and AND NOW, decreed that JEaN L. ~ .................................................. plaintiff, and .~a.~ s. ~ ................................................. , defendant, ore 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;