The URL can be used to link to this page

Home My WebLink About03-3023DEBRA L. MARTIN, Plaintiff V. WESLEY N. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO, ~3' .J~2J CIVIL TERM 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 proper 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 judgement 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR AL1MONY, 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 THESE PAPERS 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 32 South Bedford St. Carlisle, Pennsylvania 17013 (717) 249-3166 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessibility of facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. DEBRA L. MARTIN, Plaintiff V. WESLEY N. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW IN DIVORCE NO. CIVIL TERM COMPLAINT UNDER 23 Pa.C.S. §§3301 (c} AND 3301 (d} OF THE DIVORCE CODE The Plaintiff, Debra Martin, by and through her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. Plaintiff is Debra Martin, who currently resides at 263 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Wesley Martin, who currently resides at 120 Village Square Drive, Shermansdale, Perry County, Pennsylvania 17090. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on June 23, 2001 at Loysville, Perry County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since June 30, 2002. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marriage. Respectfully submitted, Date: Michael Parker Certified Legal Intern ROBI~T EfRA1NS THOMAS M. PLACE LUCY JOHNSTON-WALSH Supervising Attorney FAM1LY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 VERIFICATION I verify that the statements made in this Divome Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Debra Martin, P~laintiff DEBRA L. MARTIN, Plaintiff WESLEY N. MART1N, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. O3-'.~o-*'J CIV1L TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allowDebra Martin, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, Michael Parker Certified Legal Intern LUCY JOHNSTON-WALSH Supervising Attorneys FAM1LY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 DEBRA L. MARTIN, Plaintiff WESLEY N. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N DIVORCE NO. 03-3023 CIVIL TERM AFFIDAVIT OF SERVICE I, Michael Parker, Certified Legal Intem, verify that the Family Law Clinic served a tree and correct copy of the §3301 (c) and (d) Complaint in Divorce on Defendant, Wesley N. Martin, by placing same in the U.S. Mail, certified number 7000 1670 0001 8781 9883, restricted delivery, return receipt requested, postage prepaid on June 25, 2003, addressed as follows: Mr. Wesley Martin 120 Village Square Drive Shermansdale, PA 17090. On June 27, 2003, return receipt no. 7000 1670 0001 8781 9883 was delivered to the Family Law Clinic, bearing the signature of Wesley Martin and showing the date of service of June 26, 2003. The sender's receipt and return receipt are attached hereto and incorporated by reference. Date: Respectfully submitted, Michael Parker Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 (717) 243-2968 m Postage Certified Fee Return Receipt Fee (EndorSement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Complete items 1, 2 mid 3. Aisc complete · Item 4 if Restricted Delivery s desired. · print your name and address on the reverse at we can return the card to you. so th ...... rd to the back of the maJlpleca, or on the front if space pan'nits. · RECEIVED JUN 2 7 21l~3 2. AtUcte NUm~~2595_99.M.1789 ~ Domestic Return ReCeipt _ PS Form 3811, July 1999 DEBRA L. MARTIN, Plaintiff WESLEY N. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 03-3023 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divome under § 3301 (c) of the Divorce Code was filed on July 17, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date if filing and service of the Complaint. 3. I consent to the entry of a final decree if divorce after service of notice of intention to request entry of the decree. 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. Date: De~ra Martin, Plaintiff DEBRA L. MART1N, Plaintiff WESLEY N. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 03-3023 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER§ 3301(c) AND § 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divome without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI donot claim them before the divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree is sent to me immediately after it is filed with the prothonotary. 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. Debra Martin, Plaintiff DEBRA L. MARTIN, Plaintiff WESLEY N. MARTIN. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N DIVORCE NO. 03-3023 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301 (c) of the Divorce Code was filed on July 17, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed fi.om the date if filing and service of the Complaint. 3. I consent to the entry of a final decree if divorce after service of notice of intention to request entry of the decree. 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 re,ting 59~unsworn falsification to authorities. Dat ~y~arl~dant DEBRA L. MARTIN, Plaintiff WESLEY N. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 03-3023 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER{} 3301(c) AND § 3301 (d) OF TItE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before the divorce is grained. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree is sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that falSficationtoa thortes-falsiestatemen tSuhereiiniare made subject to the penalties of 18 Pa.C.S. § 4904 relating to ull~vorn///' Dat&~'~/, ~_~ 1~6/! ~~ ~~~ J~ M~ ~t / / DEBRA L. MARTIN, Plaintiff WESLEY N. MARTIN, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 03-3023 CIVIL TERM PRAECIPE TO TRANSMIT RECORD Please transmit the record, together with the following information, to the court for entry of a divorce decree: i. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. ii. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certifiedi restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Wesley N. Martin on June 26, 2003. iii. Date of execution of the affidavit of consent reqmred by Section 3301 (c) of the Divorce Code: by the Plaintiff.' October 3, 2003, emd by the Defendant: October 2, 2003. iv. Related claims pending: None v. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: October 15, 2003. Date Defendant's Waiver of Notice was filed with the Prothonotary: October 15, 2003. Respectfully submitted, Michael Parker Certified Legal Intern ROBERT E. RAINS THC)MAS M. PLACE Supervising Attorney LUCY JOHNSTON-WALSH Staff Attorney FAMILY LAW CLINIC 45 N'orth Pitt Street Carlisle, PA 17013 DEBRA L. MARTIN, Plaintiff WESLEY N. MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 03-3023 CERTIFICATE OF SERVICF CIVIL TERM I, Michael Parker, hereby certify that I served a Praecipe to Transmit the Record on Wesley Martin on /dg//o~"/~)~ , by first class United States mail, at the following address: Wesley Martin 120 Village Square Drive Shermansdale, PA 17090 M~chael Parker Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17103 (717) 243-2968 Fax: (717) 243-3639 DR~R~ ~,~ M~N~TN IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY STATE OF PENNA. WESLEY N. Plaintiff VERSUS MART~N Defendant N O.__!003-3023 DECREE iN DIVORCE ~ , IT IS ORDERED AND DECREED THAT Debra L. Martin , PLAINTIFF, AND Wesley N. Martin , 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; ATTEST: PROTHONOTARY