HomeMy WebLinkAbout07-22010
Shawn Weaver, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
Michelle Weaver, NO. 07 - .1 ?- 0 l CIVIL TERM
Defendant IN DIVORCE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
When the ground for divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselor is available in the Office of the
Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE..
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Phone: (717) 249-3166
(800) 990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
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 accessible 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. 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.
MARK F. BAYLEY, ESQUIRE
BAYLEY & MANGAN
57 WEST POMFRET STREET
CARLISLE PA 17013
(717) 241-2446
ATTORNEY ID NO. 87663
ATTORNEY FOR PLAINTIFF
Shawn Weaver,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07 - a 0 I CIVIL TERM
IN DIVORCE
V.
Michelle Weaver,
Defendant
COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. Plaintiff is Shawn Weaver, an adult individual, who resides at 3514 Ritner Highway,
Newville, Cumberland County, Pennsylvania 17241.
2. Defendant is Michelle Weaver, an adult individual, who resides at 22 Winchester
Gardens, Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at
least six months immediately previous to filing of this Complaint.
4. Plaintiff and Defendant were married on November 7, 1998 in Carlisle, Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties hereto in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. 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.
8. Plaintiff requests the Court to enter a Decree in Divorce.
40
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in
Divorce and such other Orders as may be just and appropriate.
Respectfully submitted,
BAYLEY & MANGAN
L
Date: -C)-7
?z A
Mark F. Bayley, Es ire
57 W. Pomfret St.
Carlisle, PA 17013
(717) 241-2446
Supreme Court I.D. # 87663
Attorney for Plaintiff
0
Shawn Weaver,
Plaintiff
V.
Michelle Weaver,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07 - CIVIL TERM
IN DIVORCE
VERIFICATION
I verify that the statements made in this Complaint 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.
Date: y- 9 -Z 7
Shawn Weaver, Plaintiff
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Shawn Weaver, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
CIVIL ACTION - LAW
Michelle Weaver, NO. 07 - 2201 CIVIL, TERM
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on April 18, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of the filing of the Complaint.
3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to
request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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.
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Date Shawn Weaver
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Shawn Weaver, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
CIVIL ACTION - LAW
Michelle Weaver, NO. 07 - 2201 CIVIL. TERM
Defendant IN DIVORCE
WAIVER OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
63301(C) OF THE DIVORCE CODE
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 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 THE FOREGOING 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.
is-3,-07
Date Shawn Weaver
CO
Shawn Weaver, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
CIVIL ACTION - LAW
Michelle Weaver, NO. 07 - 2201 CIVIL TERM
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
i. A complaint in Divorce under §3301(c) of the Divorce Code was filed on April 18, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of the filing of the Complaint.
3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to
request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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.
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Date Michelle eaver
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Shawn Weaver, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,
PENNSYLVANIA
V.
CIVIL ACTION - LAW
Michelle Weaver, NO. 07 - 02201 CIVIL TERM
Defendant IN DIVORCE
WAIVER OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
$3301(C) OF THE DIVORCE CODE
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 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 THATT EH STATEMENTS MADE IN THE FOREGOING 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 Michelle Weave
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Shawn Weaver,
V.
Michelle Weaver,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 07 - 2201 CIVIL TERM
: IN DIVORCE
ACCEPTANCE OF SERVICE
I hereby accept service of the Complaint in Divorce on behalf of the Defendant, Michelle
Weaver, in the above-captioned action and I certify that I am authorized to do so.
e-
Date
BY: " W, "'YA
Michelle Weaver, Defendant
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Shawn Weaver,
V.
Michelle Weaver,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 07 - 2201
Defendant IN DIVORCE
PRAECIPE TO TRANSMU RECORD
TO THE PROTHONOTARY:
CIVIL TERM
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: filed on April 18, 2007 and Acceptance of Service
signed on May 29, 2007.
3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the
Plaintiff October 31, 2007; by the Defendant July 8, 2008.
4. Related claims pending: None
1. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on
August 27, 2008; a copy of which is attached.
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on
August 27, 2008; a copy of which is attached.
Date: ' O
Mark F. Bayley, squire
BAYLEY & MANGAN
17 W. South St.
Carlisle, PA 17013
717) 241-2446
Supreme Court I.D. # 87663
Attorney for Plaintiff
r--31
40
OD
IN THE COURT OF COMMON PLEAS
SHAWN WEAVER
Plaintiff
No. 2201
VERSUS
MICHELLE WEAVER
Defendant
DECREE IN
DIVORCE
2007
AND NOW, ?,Qyr?.y L6 "off
IT IS ORDERED AND
DECREED THAT Shawn Weaver
AND
OF CUMBERLAND COUNTY
STATE OF PENNA.
Michelle Weaver
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
,DEFENDANT,
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;
pn But not mer ed with the Divorce Decree.
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BY THE
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PROTHONOTARY
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