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HomeMy WebLinkAbout01-0827 FX 1 1.--,.' ',,, , '"","";";"" , "';"L _;-~__ I ~._~"_ ".,_,"_,,1;"" ,.,,", "~,,_~',',~_,.--,, . . . .. '" '" Of. '" :t' :+; '" '" '" '" . . . .. . . .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . PENNA. STATE OF JODI D. LOMISON, Plaintiff No. 200.-827 CIVIL . VERSUS SPENCER T. LOMISON, Defendant . DECREE IN DIVORCE AND NOW, :r~ 13 ~ (p: ~ A.;t1. ,dcO/ ,IT IS ORDERED AND DECREED ,HAT JODI D. LOMISON , PLAINTIFF, SPENCER T. LOMISON , DEFENDANT, AND . . . 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 . (j~ PROTHONOTARY ATTEST: . . "''''Of. "':F. '" "'ft: '" '" '" "'Of. . .,~ - ,:-.-' "" , 'I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . " ~ t'/Y'#I ,f, /ftJl I.. ".. ',-" ''''F'',''..,- , 'i"'-- ,-1If<lll'!!'-_: 'I_IIIRJI .,- M 1 -=~- ,t", ,.!i .',( w~~$-4~ 71~ ,ht~. 4, ;$ ~_ .. =~'" ~ - I lI!~iiw!mWW!~li"!?j~'ffl_'!""""-'_~ ,:,-_.~n:~ .'_ ~', <-1,', _ -._~ ':e-: JODI D. LOMISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 200 ,- 'iJ::J.) CIVIL TERM SPENCER T. LOMISON, Defendant CIVIL ACTION-LAW 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, Pennsylvania 17013 (717) 249-3166 II " JODI D. LOMISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.2001- f 2. '7 CIVIL TERM SPENCER T. LOMISON, Defendant CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(C) AND 3301 (0) OF THE DIVORCE CODE 1. Plaintiff is Jodi D. Lamison, an adult individual who currently resides at 57 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Spencer T. Lomison, an adult individual who currently resides at 57 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania 17013. 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 November 6, 1998 in Lycoming County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. :! II 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER DATE: /2..26. tJo ~t?~ ichael A. Scherer, Esquire \.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/divorce/lomison.com 1 I' ,! II VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904, relating to unsworn falsification to authorities. . Lomison DATED: Mt./,02(j, tlO?J:) II II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 200.-827 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ^" _ c._ ___~ _ _ ~ ",_ ~ - -- " ,_",_'_,. ,~ ';..; '- ,~--; i_"j"_' ",;.,,_ i JODI D. LOMISON, Plaintiff v. SPENCER T. LOMISON, Defendant J;~_" -- --,-~-, u~,," "--"""-,~,, "';-d"~;"";~"'_"_ - ~,;" ';_1~,,", ^,,_,__ -!\!;,,' CERTIFICATE OF SERVICE I, Michael A. Scherer, Esquire, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card. o Complete items 1 and/or 2 for additional services. Complete items 3, 4a, and 4b. o Print your name and address on the reverse of this form so thai we can return this card 10 you. o Attach this form 10 the fronl of the mailpiece, or on the back if space does not permit. . . . CI Write "Return Receipt Requested" on the mallplece below the article number. o The Return Receipt will show to whom the article was delivered and the date 6 delivered. 't:l 3. Article Addressed to: g . ~i.-Spt,nCV- T. LOmlSbn ~.57 Wlnc.h~itr' (JardV1S !~fZ2arlis'ls) PIA nOI~ .. z a: i2 w a: BY DATE: t-b.OI <;; SENDER: " .~ ~ I!! ~ l! ~ .s ~ o ... ill ~~- O'BRIEN, BARIC & SCHERER ~/r.s:4 Mictiael A. Scherer, Esquire 1 also wish to receive the follow- ing services (for an extra fee): 1. 0 Addressee's Address .2. }\ Restricted Delivery ,,; " .~ ~ '" :e. ~ " ~ "" ,c :; $ 0: ..., c .~ 4b. Service Type o Registered o Express Mail o Return Receipt for Merchandise ~ertified o Insured DeOD ~ ,g ~ g, ... c ~ 7. Date of Delivery .--1 -0 8. Addressee's Address (Only if requested and fee is paid) 102595-99-8-0223 Domestic Return Receipt "rUC"",- '.;,' ,;,' : ~_c'>i~~.r,~~-ijji2l .-, ;';;'.kto "w:;c. "~ .,'. , , ..;..-lift....i.ilil.l.:Lt'. ;'....... ',_. ~'o ',,, ,,'..' ,., t 2 0 0 -n s:: C- ::;1 -om c:: t/l;o rorn :z: 2::0 I ,'~IT\ tJ5?j; ,- 0"' "~\] \.....) -< - i~(-:, \<0 :>:>- P-s:t1 ~8 :It -"7CJ om ::t>c: -.... ~ w ~ N $; t ""-.". .. ~~'-'. -'--~'.'--. ____"<~_'M_ "_~'" "C_.__r' - ~ ,-','.., C~ '",_,-''';---;d_'''~'.,-,"~",-o'"",l'_ ',,~_,__. ~ JODI D. LOMISON,. Plaintiff IN THE COURT OF COMMQN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-0827 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE v. SPENCER T. LOMISON, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT 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 February 12, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing ofthe Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim thembefora a divorce is granted. 5. 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. 6. 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 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: "'5 bl IUI I ~~ il \ - JODI D. LOMISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-0827 CIVIL TERM v. SPENCER T. LOMISON, Defendant CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S 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 February 12, 2001. 2. Defendant acknowledges receipt and accepts service of the Complaint on February 13, 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. , II I I 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. Section 4904 relating to unsworn falsification to authorities. fA Dare: ~~2g .200\ ~~ ~. ~/'>-~ Spencer T. Lomison Ii ~""_.<"<''''- '1'-- -, ~ ~,,,,,,,,","'-'~'" "_. ,'" ." =.- .~".,.. -, ,,~ ~ c~~'~~L~~~"~~'~ - , ~. "c' ".'.c ~'h""-. ,-- ~~ ~n , () 0 0 c: -n ;s:: c.... :-:;! -Ceo c .,~,,~ mrr! :;:;,: ;:-'r= 2::s I :P2j 2:t;:- CD " en r.~~(~ ~- ::<.c '-:0 ;r... ~i! l=r ;< ~o ::J;: Q() 0 - Ofll >c: - ;;' 2: Co,) ",. =< :x:J r'V -< -". t -, .~ ,- ,<' ,. " '. - - ~ ,,'"' ~< ',",'-', "" "-, "~~"--" ,,-\, --,"'>', -~~"-',,"- "".....;.-"'-,'-,-'~.,--'"'.-.=-', iMil~-<. ," JODI D. LOMISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-827 CIVIL TERM v. SPENCER T LOMISON, Defendant CIVIL ACTION-LAW 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: Service upon the Defendant via certified mail-restricted delivery on February 13, 2001. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff Mav 21. 2001 by the defendant Mav 28. 2001 (b) (1) Date of execution ofthe plaintiff's 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. NONE Related claims pending 5. 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 plaintiff's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: June 6. 2001 Date defendant's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: June 6. 2001 I II II I! " !, ~4~ Michael A. Scherer, Esquire Attorney for the Plaintiff, Jodi D. Lomison II ",.'-'; "" ~'olir ~_'h';, '., in:llliIIru"---""" '~ -~ _, .e~','_'_"~.,""~~=. ~'.lli~n'~ lJ~"'-~~_~" "'"",.ih1. .~e c.~,' ._."', '=0'. ~ _, >~ . __0<' _,QV'. . . -- ;/ . ,--.,_~ '-n",. - ...",.~ ';'1.",,-' --., "-~--~"',,,,...,,-, ~. I g CO 0 -n s: '- --1 -om c:: :L ,'''1 mrn 2 '-;'lp z::r-' I "Ct:..q ZJ:; C> :.ny ~~ S.cJ ~c ".. Q~ ~o ::;:: 0 c:r-n )>c ~ '=-.:> 35 N -< ~