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HomeMy WebLinkAbout01-0432 FX I....c.. "-,,""_'';''_11 < t '~ , ,. _ ,~ ~ '"" ' ,-",l, ",','-",-' ,~,~.,,' --,~.,~, ~<_"l'">'~,;,,", ,', '~", ^ ",,--, o "_'I . .. . .. . .. iIiili iIi iIiili . .. . 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 . . . . . . . iIi iIi iIi iIi iIi iIi iIi iIi iIi iIi iIi iIi iIi iIiili iIi iliiliiliili:':'\f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . -- I; I I" Ii I' I" i-;.- --'"'." . ~ ~. . , ~- ,~"w. ._,,",",., ~~ ..,~" ' ,_ < . "., . . ,'I. {. 7-bl~cy &/. ~ /I(~ ~. wi! CJ ~ 7-y-cJ/ ~~ ~?t ~ 1 . .. - ~ l,*"l~~~'i!!:If!llf~ ,_ .,'!1"r_. r'---~~ . ,,-- , '- ',w~ _,'_", ->-. ~'__ ',",.""'-F.". ,-,- "',- CO,"'C~ ,~ ',,' ~;""~ __,j"",,;:; 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 ~ill""--~ --,,~ k -- '-'"-....~,'~. --IL'iil ,-~",~",- ~'-"."'-""~~'~' '.'" > , -- ,.~ ." ''''-:rlili.a.M:(H~'t '~,_~ '~c~_" ","_,." _~, "",~" ~ "' -~ ..". <" Jlb..1 .....'r-. C/; - ~;~-, ->> -. 0:-: ,"" ~(;'- ;::-.:.: .---~ n t; f+lf/" .~ l' Ii , I I ,,-) C-, ..0 :',,) .-'" '.y ;<<-- "'" ~ c' ,,~ ~ ~ 1:.1 ....>"~ ." 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 and. ....J'sakI.. ~. Cali....~1 flita 9tn ~ it . U/ . /J;;, ~ PnithonOtBry ~ ~ ,-,-~ 1 <~ ~"0':1! ... 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. . I., ",,,,,- 1'>,' ... 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 rOb/domesticlweary .com , ~, > l_" ~ ; .''''''1~ " 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 II II ! II '..;...,' ";<,,ij~:-IIII.t*t>"""" ',~ " -" ".~, ~. ~,~,~~~~ =__"o,~ '~~;''"''"''.' q, -"0<- ^, .~ ,",-, :.. ~ 0.' ~ , G~:; "(- ~~ ::c:J -', -^ ., ~ c) c: ~' ',-" ^' i I ~.S ,~.....' CCJ ,~~ , . >~ ~ '~ ,~",,-j'--,," ,O--.'~ I-,"~;.... ;" ',~- ,'.~ '0-'_',e.,~ ' - ^ "" ",., ~;,'I','.,., ", '< 'l"^','--~~-c'"","'",.;i;;~,.",:.,",,;_., x',.' ""_0'_ -. ",;;n~ 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: c; /"7 ~( / / 1i_i1in -" ~'--W"....UIIiii ~w-f , 'lkilo~\'IL1;\'~"'-~~I~-,j, '. " ~ _ ~,,= ~,' ,,',~"_-,_ _'<A',V'__ ,'~,,~ , ,,,~-__, 'f'"Y,__^>~ -'H ~ .', ,~ ,~'~" ~ ,. ",,,"" " . " .~ __ ""~', h, ~ "ee" o c:: <'"' -v CO nil'll 2:" ~j~;. ~t) ;;>n Zc ~C ~ -< , . ,--~, ," ','" C:;:} :1;;; ::;~ "'U 11 ;1 H ! [, I I' I I i i I ~~~ , u') '-',',~ (':) ":1--'. -=-~.! '~~;' C) C';,r'n -~ 1''':- :b 0< -v ~~"" N rv v:> -- ->',' K',_ , "~_" ~,~"__ .. ,'" ~-j ,'" ,~ "i .,-; . . . " 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 ,I , :i ..I... ~<-- "'.-,~- -~.- ~,"" ". .- ,",' ~.", "_J!i~'~'~iHiill/'''' '"'JiiIjj c~ _,,~, . ,-,',,-~ -<, " ~ '-" e^..._ "," '-,-' -; .--- r,_j. :...,;;.' ~,'~~ ...-::",:,- ):> /- -"1 -<. .. 'Ii ~! Ii' i'.' (j :l j; '! l C"'-', ~~) ':'<..) c:\ -~ ,.,,~ ~ ,,-~, " ~=~,~~ " '",~,-, "' ,,-'" -~ "_ M" ',I ,~' ~ '~~""'-.dw 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