Loading...
HomeMy WebLinkAbout99-00132 I -4-! I ~i 3] C <V V cJj -j ~ 3 c C)J v ~ o '- \ ) , , , I , y // ~', l.-' ~: J, , ' , , , ~ - I g: . o Z ;.:::+;< ~~::.;~;~..>::.;~;::>::.;<X.X'~:-.;~::: ~~::.:.~:x<<<x:.x>::.:<::.::.x>::.x;,::.:<:,.::.;<~.::.;.-:;.::.;<::.::.;<>::.x:-:.x::.::.x:~~x.;~;:-x.~<;.:.::.;.~>::.;.o~>::.x;.::.;<x.;<:.::.:'~~X.>~;1' ~ ~ ~ ~ ~ ~ C,: N ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ ~ OF CUMBERLAND COUNTY ~.; ~ ~ : STATE OF i. PENNA. ~ ~.~ t.'~ ~ S ~ ~ ~.~ ~'f ~ t'~ ~ :< ~ ~ ~ t.: ~ ~-'~ ~ ~ ~.: ~ ~ ~ ...~ ~ ~ (~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 7..;.~'..:'.h :.::.;.: -.:+;.: .::.;..:. .:+;-:: .::.;.'_ ,'::.;< '::.;':::'::.;<~'::.::<"'::.;": '.::.;~:>::.;,.,::.::.;.:::.::.;.' .::.;..: . .::.;.: "::.;'. .::.;.; ..::.x::.::.;<>::+;.:.-::~;<>::.;<:.::.;.: ':.;<'-':.;'.: .::.;<~.::.:i.: " t "'~ ~ j r.: ~ ~ ,~~ ~ ,*.; ....,. .MARY.. .LOU...GREENAWALT"..........,.......,........... I[ Ii I No. ......132.......... ................., 19 99 Versus ......DA V I.D ".F,. ...GRE E.NAWALT...II.I ...........,.......... ~ ~.~ 8 DECREE IN decreed that.... MAR . OU. GREENAWALT....................... plaintiff. and....... .IlAVID .F.. .GREENAWAL.'I: . III. ....................., 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; ..... .1'f9J:l:E................................................................, . ... -..... ........ ...... ...... ... ............................ ...,., ..........p.; ...,..'j: Prothonotary ~ ~ i". ., ~ ~.~ ~ :'~ ~ ~ ~*~ ~ '.~ ~ ~ ~ ~.; ~ ~.~ s ~ ,-,' ~ t'~ ~ ;.} . ~', ~ ~ t'; ~ ~-*>; ~ ;*; ~ ;'1 ~ " ~ ~ ~ ~ ~.; ~ ~ ~ ~ ~ ~ ..~ ~ ~ '.' ~ ~J. f1;f' a./. ~'~h ~ ~ ,4'~o "5:J.yp ~ ,.M~ ~~. ."'.... ' . .., .. ,\ .' ," ", . .' .' MARY LOU GREENAWALT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. eAVID F. GREENAWALT III CIVIL DIVISION NO'99-132 CIVIL TERM 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 93301 (c) *~~~~ d ~.oi\lGrlilQ CG(jje,. (Strike out inapplicable section). 2. Date and manner of service of the complaint: "IA "s M~ IL _ 1/8/99 )\('KN()WLRnr.MR1\T'1' pyprTT'1'PD :ElV nEFPNDANT ON 1/27/99 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by 93301 (c) of the Divorce Code: by plaintiff <;/"l/qq ; by defendant 6/16/99 (b) (1) Date of execution of the affidavit required by 93301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: NONE ~ 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to lransmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: 5/6/99 Date defendant's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: fi!?<;/qq C-a~ Attorney for Plaintiff I tJ~"" ,d....t .'>- a- ~ tv0 c~ .-'" ,i~:\:,; C5f-- I C": ar'- ti,i:.'" :::;-J '" U::fl' J~. " c:5 q) <'\J 0) c..') i=: ~ .J 0$ (-);5: .,..)~ ,;:.>:! '~"'~~J ;.J~ iti.<: ['{Jet! ~ :J U -:- -"'.,-. c:- eo <'\J - :5 -, ~. - . MARY LOU GREENAWALT Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 99- 13:;>, CIVIL TERM IN DIVORCE DAVID F. GREENAWALT III Defendant 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 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, Cumberland County Court House, 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 00, .. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99- 1'3~ CIVIL TERM IN DIVORCE MARY LOU GREENAWALT Plaintiff DAVID F. GREENAWALT III Defendant COMPLAINT IN DIVORCE' UNDER SECTION 3301(c\ AND 3301/d) OF THE DIVORCE CODE AND NOW comes the above-named Plaintiff by and through her attorney Peter J. Russo, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is an adult individual residing at 1332 Grandview Court, Carlisle, Cumberland County, Pennsylvania and is a citizen of the United States. 2. Defendant is an adult individual residing at 462 Fairground Ave., Carlisle, Cumberland County, Pennsylvania and is a citizen of the United States. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for 27 years and has resided continuously therein for at least six months prior to filing of this Complaint. 4. Defendant has been a resident of the Commonwealth of Pennsylvania for 28 years and has resided continuously therein for at least six months prior to filing of this Complaint. 5. Plaintiff and Defendant were married on July 22, 1994 in Mt. Holly, Pennsylvania. 6. There are two children of the parties under the age of eighteen (18): Seara Greenawalt Hank Greenawalt December 15,1990 March 10, 1992 .'- -. COUNT I - DIVORCE 7. Plaintiff hereby incorporates by reference averments 1 through 6 of this Complaint as if each averment were set forth fully hereunder. 8. There has been no prior action for divorce by either party against the other. 9. Neither Plaintiff nor Defendant is in the Armed Forces of the United States or any of its allies. 10. Plaintiff avers that the marriage between the parties is irretrievably broken. 11. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling, but does not request the same. 12. Plaintiff and Defendant have property which will be subject to a property settlement agreement addressing support issues, which will be filed herein at the appropriate time. WHEREFORE, Plaintiff, MARY LOU GREENAWALT, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree in divorce be entered dissolving the marriage between the two parties. Respectfully submitted, ~c;?2~ 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Date: \ J g19c" .- . . VERIFICATION I, Mary Lou Greenawalt, verify that the statements made in the forgoing document are true and correct. I understand that false statements herein are mad,e subject to the penalties of 18 Pa. C. S. S 4904 relating to unsworn falsification to authorities, ' Dated: \ - f\-ctq 0\ <'. .. L ~ ~ ~C70...v?-" '"<!J1 *- Mary Lo Greenawalt j <> >-- C") ">- -z q; ~_. I . ~ F. :-:-l.--. UJ<;,-.~ () ::'~ ~ ~2(: " ;--- , -' ~ . w.....::.'- (..... .~: ~.::' I_\-.--'-- Co) r-- ~ 2:,1::: CO :--,~ ;::? LLJ~ I E~~ r~..: :::: ,~ :...:-IIU ~ c:_~ :.,1 CL. . LL m ::.-1 0 O~ U , ~ . .,. Mary Lou Greenawalt : IN THE COURT OF COMMON PLEAS OF Plaintiff, : : CUMBERLAND COUNTY, PENNSYLVANIA v. : : NO. 99- l~:;l CIVIL TERM David F. Greenawalt Defendant : PRAECIPE TO PROCEEe IN FORMA PAUPERIS To the Prothonotary: Kindly allow, !-{"'-y T.n" r,r""nawalt , Plaintiff , to proceed in forma DauDeris, I, pp~pr ~_ Russn , attorney for the party proceeding in forma DauDeris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. G~~-)2~_~ Attorney for Plaintiff '. . .-~ . Mary Lou Greenawalt Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - \3d, CIVIL TERM v. : . . David F. Greenawalt Defendant . . . . AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the plaintiff/defendant in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. (a) Name: Mary l.nn r,.l""l='pn:::lv::a1 t- Address: 1332 Grandview ~nurt Carl;s1p. p~ 17011 social Security Number: 41fi-47-1?Ofi (b) If you are presently employed, state Employer: Address: salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: 10-9-98 r. , Salary or wages per month: Type of work: (c) other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security benefits: Support payments: Disability payments: Unemploymen~ compensation and supplemental benefits: Workman's compensation: Public Assistance: $'02.50 Biweeklv Other: (d) Other contributions to household support (Wife) (Husband) Name: If your (husband) (wife) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: (e) Property owned Cash: Checking Account: " r. " Savings Account: certificates of Deposit: Real Estate (including home): Motor vehicle: Make Year Cost Amount owed Stocks; bonds: other: '_ (f) Debts and obligations Mortgage: Rent: Loans: Monthly Expenses: ~R. ,~n nn. ~iaht~ 120.00, F;n~ t?o.on ~iweeklv (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name: l-J::anlr Age: 6 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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. 4904, relating to unsworn falsification to authorities. eate: \ -l-cr'f "0^...Q>-< 1 ~ l~,,,~M ..- ~ >- c.; ~ W_.,.. V--" L1- ~.:: ~'!5r: 6~ UJ__ ~_J, . i:L ':";'" ~ ,.- o ." ""' E ::0,_ o~;: U;:: ~~~~ ~ _l; ~:2 "r -;;~ ~,]f:e ::"'5 o u... c:> I ~ COo (n " .- . MARY LOU GREENAWALT Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAVID F. GREENAWALT III Defendant NO. 99-132 IN DIVORCE CIVIL TERM PROOF OF SERVICE OF PLAINTIFF'S AFFIDAVIT UPON DEFENDANT AND NOW COMES, PETER J. RUSSO, Attorney for Plaintiff, Mary Lou Grenawalt, and certifies that on mO.O l-\. \ q q q he did serve the Defendant, David F. Greenawalt with the Affidavit of Defendant Under Section 3301 (c) of the Divorce Code requesting his signature thereon by placing same in an envelope addressed to David F. Greenawalt, of 462 Fair Ground Avenue, Carlisle PA 17324, and deposited same in the U.S. Mail receptacle for transmittal by first class mail. C~tfUIlY s Peter J. Russo 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 Date: s/yJqq 'i .~ MARY LOU GREENAWALT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-132 IN DIVORCE ill \..0 ::r. --"" ::< I en r;-? r::- <::> o -n ~~ "1~ ,of;; 0'1.' 9,0 :-r::H ~JC} om :;;! ~ DAVID F. GREENAWALT III Defendant o f; ,- ""'OeD CIVIL TER~g.; ;--~c:- u~..; 2:0 ,or:: '~n ~:o $c: PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTIC~ OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c} OF THE DIVORCE CODE v. CIVIL ACTION - LAW --0 -- 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 8,1999. 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before 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's Office. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Mary Lou Grenawalt, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. . . y ~ .. VERIFICATION I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C. S, S 4904 relating to unsworn falsification to authorities. fV1~'6;\ ~~ Mary L u Greenawalt DateS-~~ 3.c;-q ... "' v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARY LOU GREENAWALT Plaintiff DAVID F. GREENAWALT III Defendant NO. 99-132 IN DIVORCE CIVIL TERM DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER 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 8, 1999. 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before 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's Office. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, David F. Greenawalt, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. .... . ." " ~ 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. 9 4904 relating to unsworn falsification to Authorities. DATE David F. Greenawalt b; ""- I-- uJQ <...)....-'" Ci:~ QS on: ~~\ u--if ~ '\...... ,#> C> .::s N :C 0- -0 , ~ -"' :l: CJ"\ cro ---.. f-: -7 5~ C)~c'; L);~ C):::J ..."".- :-'::~J; . J...._ l..t::;::; ~.ll..u (j10- -; '5 <J v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARY LOU GREENAWALT Plaintiff DAVID F. GREENAWALT III Defendant NO. 99-132 IN DIVORCE CIVIL TERM DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE . OF INTENTION TO ENTER 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 8,1999. 2. The marriage is irretrievably broken and ninety. days have elapsed from the date of the filing and service of the Complaint. ' 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before 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's Office. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, David F. Greenawalt, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I, under1>tand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to Authorities. (,11(, /7'> DATE ()~J,~ David F. Greenawalt -.- 1""' ~ cr; ~ c ,- tLl~? 9 :::"'1~< t~~ t,-~, '.:..") .,- l.) ::~. '(:Ji':~ ""-- "'" 0 ::J (l,. ,n " -.- [21-::. ~ ~~ (I) N :1'/: Cr..l;'- -- ,J:.:Z ::~) ~~,I~Li f=:-: -, >:.:.'~ ..)... \.'~ ..~": G-' ::J 0 C' 0 - t.. . . \ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW MARY LOU GREENAWALT Plaintiff : DAVID F. GREENAWALT III Defendant NO. 99-132 IN DIVORCE CML TERM PROOF OF SERVICE OF PLAINTIFF'S COMPLAINT UPON DEFENDANT AND NOW, COMES, Peter J. Russo, Attorney for Plaintiff, MARY LOU GREENAWALT, and certifies that on January 8,1999, he did serve the Defendant, DAVID F. GREENAWALT III with a true and correct copy of the Divorce Complaint filed against him alleging the parties' marriage was irretrievably broken under Section 3301(d} and Section 3301(c} of the Divorce Code, Said complaint was served upon the defendant by placing same in an envelope, return receipt requested and addressed to DAVID F. GREENAWALT III at 462 Fairground Ave., Carlisle, Cumberland County, Pennsylvania. Service of Plaintiffs Complaint on the defendant, DAVID F. GREENAWALT III was effected on January 27, 1999. An original Acknowledgment of Service is attached to the this document. Respectfully submitted, ~~ Peter J. Russo 61 West Louther Street Carlisle, PA 17013 Date: \) OlCl \ 't OJ ..- . , .. MARY LOU GREENAWALT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CML ACTION - LAW DAVID F. GREENAWALT III Defendant NO. 99- CML TERM IN DIVORCE . ACKNOWLEDGMENT OF SERVICE OF COMPLAINT IN DIVORCE UNDER SECTION 33011c) AND 33011d) OF THE DIVORCE CODE AND NOW, COMES, Defendant. DAVID F. GREENAWALT III, and does hereby acknowledge that on the date indicated below he did receive a verified copy of a Complaint in Divorce filed against him in the above captioned case. ~~1d r~/J/~ DAVID F. GREENAWALT III DATED: /-'J-?-<I'J-- ~ Lf) ~ ~ r. -- U-IQ Jo<..... (.)/.. 8:i~ u.:Q -'- <.J-"J 0- -- t; ~."!? c (1' .<',...-- c- -'"'~'? wu:. N U:I"U .':,,":,":/ ,..d... ~'~j[iJ F .-.:.x; ~ltL ~ '-'- _.~ 0 C"\ :-~) 0"\ (.) (~ oJ> ~ ,.