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HomeMy WebLinkAbout98-06234 ~ ~ J> 7 ~ ~ 3 ~ ~ J I'j- 10) ICO I~' I I I cYJ U . o ""2: /k1Yl.' ,,:,1 r//;';' /;,..:JI,/ ! ,;;J.~f., "fk.~,,'(? I "', -,'; -;' j r' /j 7' /. /. ....U /'7 //'''Z(Ct' );'I.a~~V ~, ,,/('~~/l I.'V'/V~~ / " . JOSEI'll E, ~m[JSTER, PI" i lIti f I IN THE COURT OF ("aMMON PLEAS CUMBERLAND COUNTY, PENNSYLVI\NIA v, NO. 98-6234 CIVIL TERM I, ill DEBRA A, WEBSTE~;;! fr'lIdant I i'HAECIPE TO TRANSMIT RECORD i I To the Prothollotu l'Y: CIVIL ACTION - LAW IN DIVORCE 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(dl of the Divorce Code, 2. Date and manner of service of the Complaint: Certified mail, restricted delivery, return receipt requested on November 6, 1998 attached hereto as Exhibit "A", postage prepaid. 3, (Complete either paragraph (al or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By the Plaintiff: By Defendant: (bl (1) required by 1998. Date of Execution of the Plaintiff's Affidavit Section 3301 (dl of the Divorce Code: October 31, (21 Date of service of the Plaintiff's Affidavit upon the Defendant: November 6, 1998. 4. Related claims pending: None. 5. Complete either (al or (bl: SAlOIS, SHUFF & MASLAND A1TORNEVSIAT.L\W 26 W. High Street Carlisle, PA (al Date and manner of service of the notice of intention to file Praecipe to Transmit the Record, a copy of which is attached: December 15, 1998, of Notice in ~ 3301(c) divorce was (bl filed Date Plaintiff's Waiver with the Prothonotary: Date Defendant's Waiver with the Prothonotary: of Notice in ~ 3301(c) divorce was filed Date: By: - I r' /I! j Ma W. Co nsel ) /', Iii, I' Allshouse, for Plaint I Esquire ff - I c:; SENDER: :s! -ComplelellerM 1 an~ot 2 lor additional laMe... G -Complete lteml3, 48, and 4b. I .Prlnt yournamo and address on the reveJi'E.SIRIam' t card 10 you. :> -Anach this fann 10 lhe Iront oflhe mallpie I = .~~!Retum Receipt Request9d'on the mai1pi~lltl'l:lav fi _The Aelum Rocelpl WIll show 10 whom the erli~LI.~ ~. 5 dolivered. J ... ~ 3. Artlcle Addressed to: Debra A. Webster 443 Whiskey Run Road Newville, PA 17241 I also wiSh to receIve the following services (for an extra fee): 1.~ D..Jddressee's Address .!! 2}ll.Restncted Delivery ~ Consult postmaster for fee. 15. 4a. Artlclo Number 1 .. E ~ co oS .. " 2 ~ ,., "" c ~ Z 332 847 860 4b, Service Type o Registered o Express Mall 0 Insured o Retum Receipt for Merchamlse 0 COD 7. Date 01 Delivery I '~ / -t-7{? 8. Addressee's Address (Only if requBsted and fee is paid) ,)G:ertlfled 5. Received By: (Print N~mfJJ De CL It. WebS/~( ! 6. sinatur~ (1:,e..ee t~h,5 te-2 !l PS onn 3811, December 1994 1025~5-97-B,El79, I~~i' Domestic Return Receipt Exhibit "A" JOSEPH E, WEBSTER, Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COl~TY, PENNSYLVANIA v, NO. !J8- r-./ ~'/ CIVI L TERM DEBRA A, WEBSTER, Detendant CIVIL ACTION - LAW 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 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 counselling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. 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, PA 17013 (717) 249-3166 SAIDIS, SHUFF & MASLAND SAlOIS, SHUFF & MASLAND A'1TORNEVS.AT'I.AW 26 W. High Street Carlisle. PA \ I ,( I) \ l'\o lot" /'L k W, Allshous , Esquire reme Court ID # 78014 26 est High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff Date: //-').eN Ii II I' Ii 'I I: Ii Ii il :I ii' JOSEPH E, HEBSTER, I Plaintiff II IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA , I I I I DEBRA A. WEBSTER, , Defendant II II II II II I v, NO. 98- (.,) ':y CIVIL TERM CIVIL ACTION - LAH IN DIVORCE COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Joseph E. Hebster, an adult individual who currently resides at 445 Hhiskey Run Road, Newville, Cumberland County, Pennsylvania, 2, Defendant is Debra A. Hebster, an adult individual who currently resides at 443 Whiskey Run Road, Newville, Cumberland County, Pennsylvania, 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 30, 1980 in Joliet, Schuylkill County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties, SAIDIS, SHUFF & MAS LAND Ali'ORNEVS.AT'U.W 26 W. High Street Carlisle. PA 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7, The marriage is irretrievably broken. II I, I la II II Ii ,I WHEREFORE, Plaint if f requefJt fl Your Honorable Court to enter decree in divorce. Reapectfully submitted, SAIDIS, SHUFF & MASLAND ;1 / 1/ t Date: " I'. By: I, i "'\ ,.. , ,; Ma~k W, Allshous , Esquire Supreme Court ID # 78014 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 2 AFFIDAVIT I, Joseph E. Webster, being duly sworn according to law, depone and nay: (1) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and i participate in counselling. ,~. 1,1.../ urh.:i'::l:".:itc..iii::l tllio.t nlCtirU:'clins a. list or . . L..r~c: ~0'_!.L t marriage counselors ln 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 counselling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties oE 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities. Dated: ,. L~ lJ,;;" / C; R I I f' . ot:L..-, Webster, Plaintiff SAlOIS, SHUFF & MASLAND ATTORNEYS'AT-LAW 26 w. High Street Carlisle. PA VEHIFIC^TION I verily I h..t the ntdtemcnt!l rnilde in thin Complilint ilrc truc und corl'(,ct.. I 11IH!f'rflL,ind that [aIra' utllt:('nlpntn h(~re.in are made uubjel.'L Lu tilt. pr.'Il<11tie[J of 10 1\1. C.~;. ~;cction 4901, relating to unsworn fillnificiltlon to iluthoriticn, Dated: -.LQ./22--f 078__ Clt~J:.ftl.> t . w ('Jr~ ~l E, Webster, Plaintiff SAlOIS. SHUFF & MASLAND AntMlNEVSIA.TlLAW 26 W. High Street Carlisle, PA ....-........ J ~ '" .J (' '" " ,.,; ~ vi '-' r- '- - .. (f ~ ~ J " - ('\ r... '." '> '" -. " ...:..,J '....) I' . ' , :J" (. ,L:..: (..'/' c.:. (", ' " I., (." 1 ,t " (. u; (; .JOSEI'll E. vlEBSTER, PI,} i n t i [( I N TilE COURT OF COMr~ON PI,EAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 98- /..;)..~"'I CIVIL TERM DEBRA A. WEBSTEr" 0" f (,ndilnt CIVIL ACTION LAW IN DIVORCE il II II ,I I' I affidavit, you must file a counter-affidavit within twenty days I I I II NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this ;if~E:L Lhi~ naB Leen sE:::rvEd on YDU or the stacemeuts a[[il;itviL will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on September 1, 1996 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 concerning alimony, division of property, lawyer's fees and/or expenses if I do not claim them before a divorce is granted. -1 . 1':. 8epo_:r'3~ i-:):~ a:r..:l ~~':lrJ:".i.a.g2: ;]c:: ~.l'2!I,ej,"'1.. Ayreem~nt. has previously been executed on July 27, 1997. 5. I verify that the statements made in this affidavit are SAID IS, SHUFF & MASLAND ATr'OfU./EYSIATILAW 26 W. High Streel Carll.5le, PA 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. Date: IrJ /3/ / 98 I I [U)~~ E, Webster, Plaintiff II 'i . . II I JOSEPH E, WEBSTER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 98- 1.0-<..'1-/ CIVIL ACTION - IN DIVORCE LMI CIVIL TERM DEBRA A. WEBSTER, Defendant NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth herein, you must file this counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1 . ,7heck ~(a) _(b) either (a) or (b): I do not oppose the entry of a divorce decree. 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 /(a) either (a) or (b); I do not relief, alimony, expenses granted, wish to make any claims for economic I understand that I may lose rights concerning division of property, lawyer's fees or if I do not claim them before a divorce is SAlOIS. SHUFF & MASLAND ATTORNEVS-AT-lAW 26 W. High Slreet Carlisle. PA _(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) I must also file my economic claims with the Prothonotary in writing and serve them upon the other party. If I fail to do so before the date set forth on the Notice of . II I' II II III I verify that the statPl11f'lltllllldrlt. III thlli j'(!lllll,'! ..lfld,-lvit I are true and correct. r lIIld!':nldllflllldl 1..1:11' Illdtf'1I1f'lltlllll'n'in are made subject to the P"Ii,tlll"" "t III \01, ,',::, :;",'II'JfI '1~()~ I relating to unsworn tal.Git ledl lflll t (I -1111!pl/ It j.,::. Intention to Requent lllVfllr',' IlI'('lf'P, 'h,' dlV(lIf'" df'('r'('f' may be entered wi Lhoul 1111 I h", <1,,\ oil' DATED: II - II- ~[' ,_./: ,'.1. L i ..l C/..I,,~6.)_ fh.h'd ^. \'1l'hntf'I' NOTICE: IF YOU DO NOT WISH TO OPPOSE TilE ENTRY 01' A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COlnITER-AFFIDAVIT. SAIDIS. SHUFF & MASLAND AlTOflNEYS.AT.L\W 26 W. High Street Carlisle. PA .. \ I j ~ r It'. I , 1- i-I, 'd r I ' I. i: \, i - f' , t ' , 1 ~ \ ~ r .'\ :?