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HomeMy WebLinkAbout03-6455TAMMY J. WATTS, Plaintiff WILLIAM M. YODER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- ~,/~/,~' CIVIL TERM 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 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 the divome 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 Court House, Carlisle, Pennsylvania. 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LAW OFFICES OF PETER J. RUSSO, P.C. SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 TAMMY J. WATTS, : Plaintiff : ., V. ,' _- WILLIAM M. YODER, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2003 -~,,~..~ CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, the above-named Plaintiff by and through Law Offices of Peter J. Russo, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is an adult individual domiciled at 375 Watts Drive, Duncannon, Perry County, Pennsylvania and is a citizen of the United States. 2. Defendant is an adult individual whose mailing address is 605 Ninth Street, Sunbury, Northumberland County, Pennsylvania and is a citizen of the United States. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for 28 years and has resided continuously therein for at least six months prior to filing of this Complaint. Nevada. 5. Plaintiff and Defendant were married on January 15, 2002 in Las Vegas, There are no children of the parties under the age of eighteen (18). There has been no prior action for divorce by either party against the other. Plaintiff is in the Armed Forces of the United States. Defendant is not in Armed Forces of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 and its amendments. 9. Plaintiff avers that the marriage between the parties is irretrievably broken. 10. 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, but does not request the same. WHEREFORE, Plaintiff, Tammy J. Watts, prays that a decree be entered in favor of the Plaintiff and against Defendant dissolving the marriage between the two parties. Date: t;3/1///,)3 By: Respectfully submitted, Law Offices of Peter J. Russo, P.C. ~cott A. Stein, E~quire 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 LAW OFFICES OF PETER J. RUSSO, P.C. SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attomeys for Plaintiff TAMMY J. WATTS, Plaintiff V= WILLIAM M. YODER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - CIVIL TERM IN DIVORCE VERIFICATION I, Tammy J. Watts, verify that the~s~.atements made in the foregoing document are true and correct. I understand that fa~se"~tatements made herein are subject to the penalties of 18 Pa,C.S. §4904 relating to ~Uns~vorn Falsification to Authorities. Date: "~ammy ,. TAMMY J. WATTS, Plaintiff WILLIAM M. YODER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- 6455 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301¢c) OF THE DIVORCE CODE 1. A Complaint in Divome under Section 3301(c) of the Divorce Code was filed on December 12, 2003. 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. 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. 5. 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's Office. 6. 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 in counseling. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Tammy J. Watts, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavi~ are true and correct. I understand that false statements herein are made subjl~ct to the penalties of 18 Pa.C.S. § 4904 relating to Unswom Falsification to Authorities. DATE ",._T~ammy J. W~',, ~ TAMMY J. WATTS, Plaintiff Vw WILLIAM M. YODER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2003- 6455 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301~c) OF THE DIVORCE CODE 1. A Complaint in Divome under Section 3301(c) of the Divome Code was filed on December 12, 2003, 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. 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. 5, I understand that ! 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's Office. 6. 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 in counseling. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, William M. Yoder, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. 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 Unswom Falsification to Authorities. DATE William M. Yoder (~ LAW OFFICES OF PETER J. RUSSO, P.C. SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 TAMMY J. WATTS, Plaintiff V= WILLIAM M. YODER, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- 6455 CIVIL TERM IN DIVORCE PROOF OF SERVICE OF DEFENDANT'S AFFIDAVIT UPON DEFENDANT AND NOW, COMES, Scott A. Stein, Attorney for Plaintiff, Tammy J. Watts, and certifies that on March 22, 2004 he did serve the Defendant, William M. Yoder with the Affidavit of Defendant Under Section 3301(c) of the Divorce Code requesting his signature thereon by placing same in an envelope addressed to William M. Yoder, 605 North Ninth Street Sunbury, Pennsylvania 17801 and deposited same in the U.S. Mail receptacle for transmittal by first class mail. Respectfully submitted, Scott A. Stein, Esquire 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Date: .~/,~, ~-/(? ~ LAW OFFICES OF PETER J. RUSSO, P.C. SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 TAMMY J. WATTS, Plaintiff WILLIAM M. YODER, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- 6455 ClVlLTERM IN DIVORCE PROOF OF SERVICE OF PLAINTIFF'S COMPLAINT UPON DEFENDANT AND NOW, COMES, Law Offices of Peter J. Russo, P.C., Attorneys for Plaintiff, Tammy J. Watts, and certifies that on December 12, 2003 , he did serve the Defendant, William M. Yoder with a true and correct copy of the Divome Complaint filed against him alleging the parties' marriage was irretrievably broken under Section 3301 (d) and Section 3301(c) of the Divorce Code. Said complaint was served upon the defendant by placing same in an envelope, certified mail, return receipt requested, restricted delivery, and addressed to William M. Yoder at 605 Ninth Street, Sunbury, Pennsylvania 17801. ix] [] Service of Plaintiff's Complaint on the Defendant, William M. Yoder was effected on December 22, 2003 . A true and correct copy of the U.S. Postal Service Return Receipt is attached hereto and the original is affixed to the reverse of this document. Service of Plaintiff's Complaint on the Defendant, William M. Yoder was effected on A true and correct copy of Defendant's Acknowledgment of Service is attached hereto and the original is affixed to this document. Date: Respectfully submitted, Scott A. Stein, Es(~uire LAW OFFICES OF PETER J. RUSSO, P.C. SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591~1755 TAMMY J. WATTS, Plaintiff WILLIAM M. YODER, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- 6455 CIVIL TERM 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. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint served on William M. Yoder by Certified Mail, with return receipt on December 22, 2003 3. Date of execution of the plaintiffs affidavit required by Section 3301(c) of the Divorce Code: March 26, 2004 Date of service of plaintiffs affidavit on defendant: March 22, 2004 Date of execution of the defendant's affidavit required by Section 3301(c) of the Divorce Code: March 25, 2004 4. Related claims pending: None Date: Respectfully submitted, TAMMY J. WATTS, Plaintiff WILLIAM M. YODER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 6455 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I certifythat I am this day serving a copy of the foregoing instrument upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Camp Hill, Pennsylvania, via certified mail with restricted delivery, return receipt requested and by regular first-class mail postage, prepaid, as follows: William M. Yoder 605 North Ninth Street Sunbury, PA 17801 By: LAW OFFICES OF PETER J. RUSSO, P.C. Scott A. Stein, Esquire I.D. No. 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attomey for Plaintiff IN THE: COURT OF COMMON PLEAS TAMMY J. WATTS, Plaintiff OF CUMBERLAND COUNTY STATE Of PENNA. N o. 2003 - 6455 VERSUS WILLIAM M. YODER, Defendant DECREE IN DIVORCE AND NOW, DECREED THAT aND TAMMY J. WATTS WILLIAM M. YODER , It IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED F'F~!OM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE F'OLLOWJNG CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A F'[NAL ORDER HAS NOT YET BEEN ENTERFD; ! BY THE COURT: / PBOTHONOTARY