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HomeMy WebLinkAbout08-0913 SARA POIST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 913 i vi ( Term VS. JODY POIST, CIVIL ACTION - AT LAW - IN DIVORCE Defendant 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 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 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 the Cumberland County Courthouse, 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 SARA POIST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 6 7 - 9 13 JODY POIST, CIVIL ACTION - AT LAW - IN DIVORCE Defendant DIVORCE COMPLAINT The Plaintiff, Sara Poist, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr., L.L.C., makes the following Complaint in Divorce: COUNT I - NO-FAULT DIVORCE - §§ 3301(c) or 3301(d) 1. The Plaintiff, Sara Poist, is an adult individual who currently resides at 64 East Main Street, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant, Jody Poist, is an adult individual who currently resides at 64 East Main Street, Newville, Cumberland County, Pennsylvania 17241. 3. The parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The parties were married on May 19, 2007, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. Ir WHEREFORE, the Plaintiff requests this Honorable Court enter a Decree of Divorce in this matter. Respectfully submitted, 2 ? Zoog Date: arlin L. Mar y, Esquire Law Offices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 .. SARA POIST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. JODY POIST, CIVIL ACTION - AT LAW - IN DIVORCE Defendant 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 unsworn falsification to authorities. Date: 8 Signature: i'lot-A.161 Sara Poist 0 .c, 7 W . . 7 ; $ oo .:" co rrl- CIO 0 SARA POIST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JODY POIST, Defendant TO THE PROTHONOTARY: NO.: 08-913 : CIVIL ACTION - AT LAW - IN DIVORCE I, Marlin L. Markley, Esquire, verify that the Complaint in Divorce has been served upon the Defendant indicated above by first class, certified mail # 7002-2410- 0002-0986-4780 return receipt, restricted delivery, pursuant to the requirements of Pa R.C.P. 1930.4. ¦ Gornplete items 1, 2, and 3. Also complete Asm 4 if Restricted Delivery is desired. A Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Arfiole Addressed to: ff Matt? 5?-7- X ? C. Dale of D. Is delivery address different from Item 1? ? If YES, enter delivery address below: No jce T Pe P?4 7a(1i 11 Express Mall Mwo Registered g ? Insured Mail CO. D. 2. ARtotoNurnbar 7002 2410 0002 0986 4780 (T mfsr hom srrrwoo iaW PS Form 3811, Fewuary 204 Domestic Rrrturn 011 1025954*-*1540 Respectfully submitted, Date: (/ /)/Z JD? Marlin L. arkley, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 r-? C cx. ..1 C_ ..i C,r SARA POIST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 08-913 JODY POIST, CIVIL ACTION - AT LAW - IN DIVORCE Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 8, 2008. 2. The marriage of the Plaintiff and the 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. 4. 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. Date: 5 ?? ©8 Signature: ? E;i4aL Sara Poist m ?f1r ? V7 0 n7 r°???yf SARA POIST, Plaintiff VS. JODY POIST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-913 CIVIL ACTION - AT LAW - IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 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. 4. 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 unworn falsification to authorities. Date: 5 3 109 Signature: a. Sara Poist C= -M cn =z: .; rn SARA POIST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 08-913 JODY POIST, CIVIL ACTION - AT LAW - IN DIVORCE Defendant DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 8, 2008. 2. The marriage of the Plaintiff and the Defendant 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 after service of notice of intention to request entry of the decree. 4. 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. Date: G ?/Ct? Signature: /v - Jod t C7 4 0 ? rte; i13 lTt c- C.f i '? SARA POIST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 08-913 JODY POIST, CIVIL ACTION - AT LAW - IN DIVORCE Defendant DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 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. 4. 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 unworn falsification to authorities. ;. -41 Date: Signature: , rr4 ` Jo , y ist V g r l r';_ al SARA POIST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JODY POIST, Defendant To the Prothonotary: : NO.: 08-913 : CIVIL ACTION - AT LAW - IN DIVORCE Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under § 3301(c) § d)(f of the Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by certified mail #7002-2410-0002-0986-4780, delivered on February 14, 2008. See attached Affidavit of Service. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by the Plaintiff May 30, 2008 ; by the Defendant Ma34 28, 20OR (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: ; Date of filing of the Plaintiff s affidavit upon the respondent: ; Date of service of the Plaintiff s affidavit upon the respondent: _ . 4. Related claims pending: No other claims were raised- 5. (Complete either paragraph (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, - (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: field simnltaneausly w/Pra ..ine ; Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: filed simultaneously w/Praecine Respectfully sub e , -Marlin L.. Varkley, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market street, Aztec Building. Camp Hill,yennsylvania 17011-4706 Date: ID# 84745 Tel. (717) 763-1800 N_ C '7J C7? C.. cn 3 .y r ri U5 crl? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SARA POIST ii Plaintif VERSUS JODY POIST Defendant No. 08-913 DECREE IN DIVORCE AND NOW, J,%g= tv e7 -- , IT IS ORDERED AND DECREED THAT SARA POIST AND JODY POIST 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; No other claims were raised .. ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA oa c-Ck o s + . Plaintiff p Vs File No. Q ?' l 1 IN DIVORCE Jnrk u Pat 51 Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or >c after the entry of a Final Decree in Divorce dated Jane 10,2_00S, hereby elects to resume the prior surname of A n d r a c le , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: $ 2 0 o g AA 1" oz "A Signature wA ?)"z /2"dp Signature of name being resumed COMMONWEALTH OF PE SYLVANIA ) COUNTY OF On the / day of , 200 g, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. L?. Prothonotary or otary Pub 9c CYIIRUL BEAT I?dTt10 ll'flIR1? N©TARY PUBLIC CARLfSIE calm COUATilOUSE l+Pf: JAS !OM 4.2010 a M h -v