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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 c-D 7- i l F4 co `T l 1 n 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. /0 3 -0 7? Date Shawn Weaver ?? ? '? ?''` ?7 -,.,. ` ?; ?e.r ? ;, . ? 1?""? -cN Y 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. C, Y Date Michelle eaver w Fr; t: 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 ?, ..9 4'a1 "tft _J °77 C 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 K7 p .? 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. k A,L A i BY THE ATTE U RT zill- 1,14 PROTHONOTARY .,