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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF +»»'¢¢?''? PENNA.
Margaret S. Stewart 4', „,1111
Plaintiff N o. 99 3762
VERSUS
Raymond A. Stewart
Defendant
DECREE IN
DIVORCE
AND NOW, J U 11 ZO?O_, IT IS ORDERED AND
DECREED THAT Margaret S. Stewart
PLAINTIFF,
AND _ Raymond A. Stewart
DEFENDANT,
ARE DIVORCED FROM THE 3ONDS Or MATRIMONY.
THE COURT RETAINS JURISDICTION OF TI-IF fOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOF7 WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
NONE
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HE (C?ouuRRT:
X11 ?? PROTHONOTARY
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JOHN J. BARANSKI, JR.
SUPREME COURT ID NO 82585
35 EAST HIGH STREET, SUITE 202
CARLISLE PA 17013
(717)243.5090
MAROARET S. STEWART,
Plaintiff
V.
RAYMOND A. STEWART,
Defendant
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I CIVIL ACTION - LAW
I NO. 99 - 3762 CIVIL TERM
IIN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Please transmit the record, together with the following Information, to the court for entry of a divorce
decree:
1. (around for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. Dale and manner of service of the complaint: On or about October 25, 1999, defendant
was served by certified mall, return receipt requested, with a copy of the divorce
complaint. Soo Affldavll of Service filed by plaintiffs counsel.
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 the plaintiff: July 13, 2000
By the defendant: June 3, 2000
(b)(1) Data of execution of the affidavit required by Section 3301(d) of the Divorce
Code: N/A; and (2) Date of filing and service of the plaintiffs affidavit
upon the defendant: N/A.
4. Related claims pending: None.
5. Complete either (a) or (b):
(a) Dale 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 plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: July 13, 2000
Dale defendant's Waiver of Notice in Section 3301(c) Divorce Prothonotary: June 21, 2000
July 13, 2000
BARANSKI,
for Plaintiff
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JOHN J. EARANSRI, JR.
SUPREME COURT ID NO 12105
35 EAST HIGH STREET, SUITE 202
CARLISLE PA 17013
(717) 2436090
MARGARET S. STEWART,
Plaintiff
V.
RAYMOND A. STEWART,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 3762 CIVIL TERM
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Please 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: On or about October 25, 1999, defendant
was served by certified mail, return receipt requested, with a copy of the divorce
complaint. See Affidavit of Service filed by plaintiffs counsel.
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 the plaintiff: March 3, 2000
By the defendant: June 3, 2000
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce
Code: N/A; and (2) Date of filing and service of the plaintiffs affidavit
upon the defendant: N/A.
4. Related claims pending: Lone.
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) Dale plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: June 21, 2000
Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed wit e
Prothonotary: June 21, 2000 /l
June 21, 2000 L
JOH . BARANSK , JR., ESQUIRE
Attorney for Plaintiff
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JOHN J. RARANSNI, JR., ESQUIRE
SUPREME COURT ID: 03555
LAW OFFICES OF HAROLD S. IRWIN, III, ESQUIRE
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 3430010
ATTORNEY FOR PLAINTIFF
MARGARET S. STEWART, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAIN
: NO.99 - CIVIL TERM
RAYMOND A. STEWART, 3Y7wa.
Defendant : IN DIVORCE
NOTICE
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 in 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 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 17013.
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 BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PA 17013
(717) 249-3166
MARGARET S. STEWART,
PIRInUff
V.
RAYMOND A. STEWART, JR.,
DefendeM
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99 -,3,?CIVIL TERM
a
: IN DIVORCE
COMPLAINT IN DIVORCE
UNDER SECTION 3301
OF THE DIVORCE CODE
NOW, comes the plaintiff, by her attorney, John J. Baranski, Jr. Esquire, and
files this complaint in divorce against the defendant, representing as follows:
1. The plaintiff is Margaret S. Stewart, an adult individual currently residing
at P.O. Box 6328, 218 Terrace, O'Brien Florida, 32071.
2. The plaintiff resided in Cumberland County Pennsylvania from February
1995 until she moved to Florida in March, 1999.
3. The defendant is Raymond A. Stewart, an adult individual incarcerated in
the Camp Hill State Correctional Facility, Pennsylvania, with a home address at 700
Castle Road, Lot 137, York, Pennsylvania.
4. The parties have been residents of the Commonwealth of Pennsylvania at
least six months prior to the filing of this action in divorce.
5. The plaintiff and the defendant were married February 14, 1993 in Elmira,
Chemung County, New York.
2
6. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the
grounds upon which this action is based that the marriage between the parties is
irretrievably broken.
7. The plaintiff avers that she has been advised of the availability of
counseling and that she has the right to request that the court require the parties to
participate in counseling.
8. There has been no prior action for divorce or annulment between the
parties other than this action which commenced on June 22, 1999.
WHEREFORE, the plaintiff demands judgment dissolving the marriage between the
two parties.
Respectfully Submitted:
ohn J.? c1, Jr.
Attorney for Plaintiff
3
I verify that the facts contained herein are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904
relating to unsworn falsification to authorities. QQ ??
JUNE 7. 1999
MARGARE S.STEWART
Plaintiff
4
MARGARET S. STEWART,
Plaintiff
rn
RAYMOND A. STEWART, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99 - _ CIVIL TERM
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. 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 A
counseling.
2. 1 understand that the court maintains a list of marriage counselors in the
Prothonotary's Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse
and I participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. 1
understand that false statements herein made are subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unsworn falsification to authorities.
JUNE 7. 1999 /' "[?71
MARGARET S. STEWART, Plaintiff
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MARGARET S. STEWART,
Plaintiff
V.
RAYMOND A. STEWART, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 88 - 3762 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENT TO
REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301 OF THE
DIVORCE CODE
I consent to the entry of a final decree in divorce without notice.
2. 1 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.
3. 1 understand that I will not be divorced until a divorce degree 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.
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 falsifications to authorities.
Date: /0'3 -oU /lfuhr'// 4WI-1
Ra and A. Stewart,
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MARGARET S. STEWART,
Plaintiff
V.
RAYMOND A. STEWART, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99 - 3762 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under §3301(c) of the Divorce Code was filed on
June 22, 1999 and reinstated on October 19, 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
4. 1 verify that the statements made in this affidavit are true and correct. 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.
to ' j -oa 12000 /?•¢ td?7? P. li" t 00 /
RAYMOND E. STEWART, `R.
11
MARGARET S. STEWART, :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY PENNSYLVANIA
V. :CIVIL ACTION - LAW
:NO. 99-3762 CIVIL TERM
RAYMOND A. STEWART,
Defendant :IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under §3301(c) of the Divorce Code was filed on June
22, 1999 and reinstated on October 19, 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree
4. 1 verify that the statements made in this affidavit are true and correct. 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
unswom falsification to authorities.
July, 2000 261ZIa-
MARGARET &. STEWART
MARGARET S. STEWART, :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY PENNSYLVANIA
V. :CIVIL ACTION - LAW
:NO. 99-3762 CIVIL TERM
RAYMOND A. STEWART,
Defendant :IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(C) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. 1 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.
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.
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.
July /d '2000
MARGARET A. STEWART
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MARGARET S. STEWART, :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY PENNSYLVANIA
V. :CIVIL ACTION - LAW
:NO.99.316 aCIVIL TERM
RAYMOND A. STEWART,
Defendant :IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(C) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. 1 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.
3. 1 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.
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.
3 mti2ooo
MARGARETIS. STEWART
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MARGARET S. STEWART,
Plaintiff
V.
RAYMOND A. STEWART,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY PENNSYLVANIA
:CIVIL ACTION - LAW
:NO. 79.3/4dCIVIL TERM
AN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under §3301(c) of the Divorce Code was filed on June
22, 1999 and reinstated on October 19, 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
4. 1 verify that the statements made in this affidavit are true and correct. 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
unswom falsification to authorities.
, 2000
MARGARE S. STEWART
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JOHN J. aARANSID, JR.
ATTORNEY ID NO. 52555
IRIYIN LAW OFFICES
35 EAST NIGH STREET
CARLISLE PA 17013
(717) 2434020
ATTORNEY FOR PLAINTIFF
MARGARET S. STEWART,
Plaintiff
v.
RAYMOND A. STEWART,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 3762 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1920A (a)(1)(1)
NOW, John J. Baranski, Jr., Esquire, being duly sworn according to law, does
depose and state:
1. That he is a competent adult and attorney for the plaintiff in the above
captioned action in divorce.
2. That a certified copy of the complaint in divorce was served upon the
defendant on or about June 22, 1999, by certified mail "restricted delivery", addressed
to him at INMATE # DX 6820, CAMP HILL CORRECTIONAL FACILITY, P.O. BOX 200,
CAMP HILL PA 17011-0200.
3. That a copy of the sender's receipt and receipt for certified mail is
attached hereto.
4. More than fifteen days have elapsed since a certified copy of the
complaint in divorce was mailed to the Defendant at the above address by regular mail
and the complaint has not been returned.
5. A copy of the cover letter that accompanied the complaint by regular mail
is attached hereto.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein made are subject to the nal ' of 18 Pa. C.
S. Section 4904, relating to unsworn falsification to authoriti
July 23, 1999 c?
Joh J. 6aranski, Jr.
Attrney for plaintiff
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JOHN J. BARANSM, JR. PHONE
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HEATHER A. BARBOUR e-mail., irwinlaw@epix.net FACSIMILE
GAY L. IRWIN
PARALEGALS
June 22, 1999
RAYMOND A STEWART, JR
C/O CAMP HILL CORRECTIONAL FACILITY
INMATE NUMBER DX6820
PO BOX 200
CAMP HILL PA 17001-0200
RE: Divorce Complaint
Dear Mr. Stewart:
Enclosed please find a certified copy of a divorce action filed by Margaret S.
Stewart.
Sincerely,
J-S r3 l1, l,.
John J. Baranski, Jr.
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Enclosure
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JOHN J. EARANSIO, JR., ESQUIRE
SWUNG COURT Ilk 02000
LAN OFFICES OF HAROLD S. IRNIN, 111, ESQUIRE
20 OAST NIGH OTREET
CARLISLE FA 17012
(717) 2434MM
ATTORNEY FOR FLAINTIFF
MARGARET S. STEWART,
Plaintw
V.
RAYMOND A- STEr1IART,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAIN
: NO. 99 - 3762 CIVIL TERM
IN DIVORCE
PREACIPE TO RE-INSTATE COMPLAINT
TO THE PROTHONOTARY:
Please re-instate the complaint in the above-captioned matter.
J. Baranski, Jr.
iev for Plaintiff
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JOHN J. SARANSNI, JR.
ATTORNEY 10 NO. 03000
IRININ LAM OFFICES
30 EAST HIGH STREET
CARLISLE PA 17013
(717) 3410090
ATTORNEY FOR PLAINTIFF
MARGARET S. STEWART,
Plaintiff
v.
RAYMOND A. STEWART,
Deendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
CIVIL ACTION - LAYS
NO. 99 - 3762 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1920A (a)(1)(1)
NOW, John J. Baranski, Jr., Esquire, being duly sworn according to law, does
depose and state:
1. That he is a competent adult and attorney for the plaintiff in the above
captioned action in divorce.
2. That a certified copy of the complaint in divorce was served upon the
defendant on or about June 22, 1999, by certified mail "restricted delivery", addressed
to him at INMATE # DX 6820, CAMP HILL CORRECTIONAL FACILITY, P.O. BOX 200,
CAMP HILL PA 17011-0200.
3. Deponent subsequently learned that the defendant was transferred to the
State Correctional Institution in Waynesburg, Pennsylvania.
4. The complain was reinstated on October 19, 1999.
5. A certified copy of the reinstated complaint was served upon the
defendant on or about October 25, 1999, by certified mail, return receipt requested,
addressed to him at INMATE # DX6820 State Correctional Institution, Waynesburg, PA
15370.
6. Attached hereto is the receipt of service.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.
S. Section 4904, relating to unsworn falsification to authorities
October 28, 1999
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MARGARET S. STEWART, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
RAYMOND A. STEWART,
Defendant NO. 99-3762 CRIMINAL TERM
AND NOW, this 3rhay of July, 2000, upon consideration of Plaintiffs praecipe
to transmit record, and it appearing that Plaintiffs affidavit of consent was filed more
than 30 days after its execution, a divorce decree will not be entered at this time, without
prejudice to the parties' right to correct the deficiency and file a new praecipe to transmit
record.
John J. Baranski, Jr., Esq.
35 East High Street
Carlisle, PA 17013
Attorney for Plaintiff
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BY THE COURT,
MARGARET S. STEWART, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
RAYMOND A. STEWART,
Defendant NO. 99-3762 CRIMINAL TERM
AND NOW, this 34day of July, 2000, upon consideration of Plaintiffs praecipe
to transmit record, and it appearing that Plaintiffs affidavit of consent was filed more
than 30 days after its execution, a divorce decree will not be entered at this time, without
prejudice to the parties' right to correct the deficiency and file a new praecipe to transmit
record.
John J. Baranski, Jr., Esq.
35 East High Street
Carlisle, PA 17013
Attorney for Plaintiff
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BY THE COURT,
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