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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.
PENNA.
STATE OF
.
.
Justin G. Weary,
.
Plaintiff
No.
2001-432
Civil
.
VERSUS
Lorraina S. Weary,
.
Defendant
.
.
DECREE IN
DIVORCE
~J"01 ,.fI!'
.
.
.
AND NOW,
:r~I(
, 2001 , IT IS ORDERED AND
DECREED THAT
Justin G. Weary
, PLAINTIFF,
AND
Lorraina S. Weary
, 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
ATTEST:
?ivA~
PROTHONOTARY
.
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JUSTIN G WEARY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001-432 CIVIL TERM
LORRAINA S. WEARY,
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:
1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce
Code.
2. Date and manner of service of the Complaint: Defendant signed an Acceptance of
Service on February 5, 2001.
3. (complete either paragraph (a) or (b).)
A Date of execution of the affidavit of consent required by Section 3301 (c)
of the Divorce Code: by Plaintiff on May 7,2001; and Defendant on July 7,2001.
B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301 (d)
of the Divorce Code: N/A
(2) date of service of the Plaintiff's Affidavit upon the Defendant: N/A
4. Related claims pending: None.
5. Indicate date and manner of service of the notice of intention to file praecipe to
transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce
Code: None served as the parties signed the Waiver of Notice. (Defendant on July 7, 2001
and Plaintiff on May 7, 2001)
Respectfully submitted,
-~~(
Robert L. O'Brien, Esquire
Attorney for Plaintiff
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JUSTIN G. WEARY,
Plaintiff
vs.
LORRAINA S. WEARY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO.Ol~ VB:? CIVIL
: 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 the Cumberland County Court House,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF
YOU DO NOT HAVE AN ATTORNEY 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
Telephone: (717) 249-3166
TRUE COpy FROM RECORD
In T..6_'Wh8I'8Of. I here lIIltO set my hallO
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JUSTIN G. WEARY,
Plaintiff
vs.
LORRAINA S. WEARY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 0/- <;/.3..2 CIVIL
: IN DIVORCE
COMPLAINT UNDER SECTIONS 3301 (C)
AND 330110) OF THE DIVORCE CODE
1. Plaintiff is Justin G. Weary, an adult individual who currently resides at
13 North Baltimore Ave., Mount Holly Springs, Pennsylvania 17065.
2. Defendant is Lorraina S. Weary, an adult individual who currently
resides at c/o Kenneth Clouser, 32 Center Street, lot 28, Mount Holly Springs,
Pennsylvania 17065.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on January 8, 1999 in
Scioto County, Ohio.
5. There have been no prior actions of divorce or for annulment between
the parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised of the availability of counseling and that
he may have the right to request that the court require the parties to participate in
counseling.
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8. Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff requests the court to enter a decree of divorce
in favor of the Plaintiff and against the Defendant.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
By~)A~
Robert L. O'Brien, Esquire
Attorney for Plaintiff
1.0. # 28351
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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I verify that the statements made in this Complaint are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. 34904, relating to unsworn falsification to authorities.
~..
JUSTIN G. WEARY
Date: /k4
/ /
JUSTIN G. WEARY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 01-432 CIVIL
: IN DIVORCE
vs.
LORRAINA S. WEARY,
Defendant
ACCEPTANCE OF SERVICE
AND NOW, this 5~ay of FebrUary, 2001, I, Lorraina S. Weary,
Defendant in the above captioned action, hereby accept service of the Complaint filed
in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true
and attested copy of said Complaint.
~~~
LORRAINA S. WEARY
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JUSTIN G, WEARY,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2001-432 CIVIL TERM
LORRAINA S, WEARY,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1, A complaint in divorce under Section 3301 (C) of the Divorce Code was
filed on January 22, 2001,
2, Defendant acknowledged receipt and accepted service of the Complaint
on February 5, 2001,
3. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
4, I consent to the entry of a final decree in divorce without notice,
5. 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,
6, 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,
7. I have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling. I do not request that
the court require counseling,
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 PaC,S,
Section 4904 relating to unsworn falsification to authorities, 1
Date:
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JUSTIN G. WEARY,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-432 CIVIL TERM
LORRAINA S. WEARY,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301 (C) of the Divorce Code was
filed on January 22, 2001.
2. Defendant acknowledges receipt and accepts service of the Complaint on
February 5, 2001.
3. The marriage of the' Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce without notice.
5. 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.
6. 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.
7. I have been advised of the availability of marriage counseling and
understand that I may request that the Court require counseling. I do not request that
the Court require counseling.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements made herein are made subject to the penalties of 18
Pa.C.SA Section 4904 relating to unsworn falsification to authorities.
Date 0"1-0"1-6\
~M3~
orraina . eary
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-00432 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEARY JUSTIN G
VS
WEARY LORRAINA S
WILLIAM DIEHL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - DIVORCE
was served upon
WEARY LORRAINA S
the
DEFENDANT
, at 0019:52 HOURS, on the 2nd day of February, 2001
at C/O KENNETH CLOUSER
32 CENTER STREET LOT 28
MOUNT BOLLY SPRINGS, PA 17065
by handing to
LORRIANA S. WEARY
a true and attested copy of COMPLAINT - DIVORCE
together with
NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.72
.00
10.00
.00
31. 72
S?~~t
R. Thomas Kline
02/05/2001
O'BRIEN, BARIC & SCHERER
Sworn and Subscribed to before
By:
~~
me this f e:
day of
J~ ,).0.0/ A.D.
Chi, a /h.tl,../ ~
Prothonotary ,
SHERIFF'S RETURN -
ASE NO: 2001-00432 P
DMMONWEALTH OF PENNSYLVANIA:
DUNTY OF CUMBERLAND
BARY JUSTIN G
VS
~ARY LORRAINA S
REGULAR
iLLIAM DIEHL ,
mberland County, Pennsylvania,
ys, the within COMPLAINT - DIVORCE
ARY LORRAINA S
FENDANT , at 0019:52 HOURS, on the
C/O KENNETH CLOUSER
/NT HOLLY SPRINGS, PA 17065
[RIANA S. WEARY
~rue and attested copy of COMPLAINT
'ICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
2nd day of February , 2001
32 CENTER STREET LOT 28
by handing to
- DIVORCE
together with
at the same time directing Her attention to the contents thereof.
riff's Costs:
~keting 18.00
?vice 3.72
[idavit .00
~charge 10.00
.00
31.72
n and Subscribed to before
his f ~ day of
~ ~/ A.D.
thonotary
R. Thomas Kline
02/05/2001
O'BRIEN, BARIC & SCHERER
D~eriff