HomeMy WebLinkAbout99-05058
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNSYLVANIA
NO.....5058..........
................. 1999
DE CRE E IN
DI VO RC E
AND NOW, .-I 7,R. .??.' . 4j ......... I W.2000, it is ordered and
decreed that ..... Sandra. L... rjrbv ............................. plaintiff,
and ..... David .R•..K),rby ...................................... .
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;
...............99nS.................................................,.... ,
...... .? ......................................................
By The Co /I
Prothonotary
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H O V H
COUNTY, PA
SANDRA L. KIRBY, CIVIL ACTION - LAW
Plaintiff,
V. NO. 99-5058 Civil Term
DAVID R. KIRBY,
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. Grounds for divorce: irretrievable breakdown under § 3301 (c) of the
Divorce Code.
2. Date and manner of service of the complaint: August 24, 1999, by
mailing postage paid, certified mail, addressee oniy, and return receipt requested at
Shippensburg,Pennsylvania.
3. Date of execution of the affidavit of consent required by § 3301 (c) of the
Divorce Code: by Plaintiff, December 9, 1999, - by Defendant, January 8, 2000.
4. Related claims pending: None
5. Date Plaintiff's Waiver in § 3301 (c) Divorce was filed with the
prothonotary: January 7, 2000.
Date Defendant's Waiver of Notice in § 3301 (c) Divorce was filed with
the prothonotary: January 18, 2000.
WEIGLE, PERKINS AND
Jerry A. Weigle, Esquire
Attorney for Plaintiff
126 East King Street
Shippensburg, PA 17257
717-532-7388
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MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257.1397
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MARK, WEICLE AND PERKINS, ATTORNEYS AT LAW
126 EAST KIN(, STREET. SRIPPFNSRURO. PENNA. 17257 T"APUONf::(717) 522.7588 FAR: (717) 532-6552
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
SANDRA L. KIRBY,
Plaintiff,
V.
NO. W 5 -)s?
Civil Term
DAVID R. KIRBY,
Defendant.
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 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 grounds 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 Cumberland County Courthouse, Carlisle,
PA 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 Avenue
Carlisle, PA 17013
MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING SrREEI - SRIPPENSDURG. PA 172S7.1397
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
SANDRA L. KIRBY,
Plaintiff,
V. NO. 9; .SD-68 Civil Term
DAVID R. KIRBY,
Defendant. IN DIVORCE
COMPLAINT IN DIVORCE
COUNT I- IRRETRIEVABLE BREAKDOWN
AND NOW, comes the above named Plaintiff, Sandra L. Kirby, by and through
her attorneys, Mark, Weigle and Perkins, and Jerry A. Weigle, Esquire, and seeks to
obtain a Decree in Divorce from the above-named Defendant, upon the grounds
hereinafter more fully set forth:
1. Plaintiff, Sandra L. Kirby, is an adult individual presently residing at 64
Mountain View Terrace, Newville, Cumberland County, Pennsylvania, since July 1998.
2. Defendant, David R. Kirby, is an adult individual presently residing at,
249 High Street, Abbottstown, Adams County, Pennsylvania, since 1996.
3. The Plaintiff and Defendant are nationals and citizens of the United States
of America, and both have been bona fide residents of the Commonwealth of
Pennsylvania for at least six (6) months immediately previous to the filing of the
Complaint in Divorce.
4. The Plaintiff and Defendant were married on July 28, 1990, in Adams
County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties or in any other jurisdiction.
6. Plaintiff has been advised that counseling is available and the Plaintiff
may have the right to request that the court require the parties to participate in counseling.
The marriage is irretrievably broken.
The parties have lived separate and apart since July 1, 1998.
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SNIPPENSUURG, PA 1]25]-1397
9. The Plaintiff requests the court to enter a decree of divorce.
V HEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in
Divorce from the bonds of matrimony and for such other and further relief to which
Plaim if 'shall be entitled.
MARK, WEIGLE AND PERKINS
Jepty A. W igle, Esquire
Attorney for Plaintiff
126 East King Street
Shippensburg, PA 17257
717-532-7388
MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SNIPPENSOURG. PA 17257-1391
VERIFICATION
I verify that the statements made in the foregoing Complaint in Divorce are true
and correct. I understand that false statements herein are made subject to the penalties of
18 Pa C.S. § 4904, relating to unworn falsification to authorities.
Sandra L. Kirby, Plaintiff
Dated: X13 I4
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSRURG, PA 17257-1397
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SANDRA L. KIRBY, CIVIL ACTION - LAW
Plaintiff,
V. NO. 99 - 5058 Civil Term
DAVID R. KIRBY,
Defendant. IN DIVORCE
AFFIDAVIT OF CONSENT
I . A complaint in divorce under § 3301(c) of the Divorce Code was filed on
August 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. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
1 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.
LLC
Sandra L. Kirby, Plaintiff
Dated: /o1 ?f y
MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SRIPPENSDURG. PA 1025]139)
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OF CUMBERLAND COUNTY, PA
SANDRA L. KIRBY,
Plaintiff,
CIVIL ACTION- LAW
V.
DAVID R. KIRBY,
Defendant.
NO. 99 - 5058 Civil Term
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER S 3301(c) OF THE DIVORCE CODE
1. 1 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 if I do not claim them before a 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 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 falsification to authorities.
Dated: a 9 qq
1A, m1it1 i L)4,
,
Sandra L. Kirby, Plaintiff
MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SMIPPENSOURG. PA 19259.1397
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
SANDRA L. KIRBY,
Plaintiff,
CIVIL ACTION - LAW
V.
DAVID R. KIRBY,
Defendant.
NO. 99 - 5058 Civil Term
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE
1. 1 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 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. §
4904 relating to unsworn falsification to authorities.
Dated: I- R - 8 a
"?- ^
David R. Kirby, Defendant
MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SNIPPENSBURG. PA 112574381
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
SANDRA L. KIRBY, CIVIL ACTION - LAW
Plaintiff,
V. NO. 99 - 5058 Civil Term
DAVID R. KIRBY,
Defendant. IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on
August 19, 1999.
2. 'rhe 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.
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.
,Z) M',..:._aL . vZ? 1..4
David R. Kirby, Defendant
Dated: / - S ^.?
MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST" KING STREET - SNIPPENSGURG. PA 172571397
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
SANDRA L. KIRBY, CIVIL ACTION - LAW
Plaintiff,
V.
DAVID R. KIRBY,
Defendant.
NO. 99 - 5058 Civil Term
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
Heather Carey, being duly swom according to law, deposes and says that on
August 23,1999 she served true and attested copies of Notice to Defend and Claim
Rights and Complaint in Divorce upon the Defendant, David R. Kirby, by mailing the
same postage paid, certified mail, addressee only, and return receipt requested, at
Shippensburg, Pennsylvania, addressed as follows:
Mr. David R. Kirby
249 High Street
Abbottstown, PA 17301
Heather Carey
Sworn to and subscribed before
me this 25'" day of August, 1999.
AV&
Notary Public LI/
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MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSHURG. PA 17257.1397
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
SANDRA L. KIRBY,
Plaintiff,
V. NO. Civil Term
DAVID R. KIRBY,
Defendant. IN DIVORCE
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