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Home My WebLink About08-1779EMILY A. JOERG, Plaintiff V. THOMAS C. JOERG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. dg - 1'7,7q Civi?erTn CIVIL ACTION - LAW 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 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 of other rights important to you, including the 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 at the Office of the Prothonotary. 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 717-249-3166 EMILY A. JOERG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. THOMAS C. JOERG, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, Emily A. Joerg, by and through her attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Plaintiff is Emily A. Joerg, an adult individual currently residing at 3029 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Thomas C. Joerg, an adult individual currently residing at 43 E. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of six months (6) immediately preceding the filing of the Complaint. 4. Plaintiff and Defendant were married on February 3, 1980, in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. Count I - Divorce 7. The allegations of Paragraphs 1 through 6 are incorporated herein by reference and made a part hereof. 8. This action is not brought through collusion between the Plaintiff and Defendant, but in sincerity and truth for the reasons set forth within. 9. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of the Divorce Code. 10. Plaintiff has been advised that counseling is available and that the Defendant may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree dissolving the marriage between Plaintiff and Defendant. RESPECTFULLY SUBMITT Charles Rector, Es uire 1104 Fernwood enue, Ste. 203 Camp Hill, PA 17011 (717) 761-8101 Date: 3 i1 0 I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Emily . Joery Date: 3??'? ? cN-...a C7 00 .p 't7 D S7 i Lv '°< EMILY A. JOERG, Plaintiff V. THOMAS C. JOERG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1779 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Thomas C. Joerg, in the above-captioned matter. Date31?z o? accept service of the Complaint in Divorce filed mas C. Joerg ? ? --? ',s ? ? _ ?.? I ., t . 1 '.5 y?' C?" t?,J ..,.' 'la „, ?? EMILY A. JOERG, Plaintiff V. THOMAS C. JOERG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1779 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 19, 2008. 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. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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 herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification Date: 6410 /C4 t? s. cn c? EMILY A. JOERG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1779 CIVIL TERM THOMAS C. JOERG, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 19, 2008. 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. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO RE UST ENTRY FORCE DECRFF I INnco 00^'- 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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 herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Emily A. d rg Date: a a )6e i #-tD C7D EMILY A. JOERG, Plaintiff V. THOMAS C. JOERG, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1779 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record together with the following information, to the Court for entry of a divorce decree: 1. Ground for a divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Personal Service -March 24. 2008, (See Affidavit of Service filed March 25, 2008). 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff 06/24/08, by the Defendant 06/30/08. (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the Defendant: 4. Related claim pending: None - All claims have been settled and outlined in the parties' Marriage Settlement Agreement dated 04/09/08. 5. Complete either (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, if the decree is to be entered under section 3301 (d) of the Divorce Code: (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary 07/03/08. Date Defendant's Waiver of Notice in § 3301(c) was file e Prothonotary 07/03/08. .-' '2 --? Charles Rector, Attorney for the Date: 07/08/08 s-3 yrh ?,?X}„ ?, ??, ?? ? ?=' -ti ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Emily A. Joerg NO. 08-1779 Civil Term VERSUS Thomas C. Joerg DECREE IN DIVORCE AND NOW, 1 a IT IS ORDERED AND DECREED THAT Emily A Joerg , PLAINTIFF, AND Thomas C. .Toerg 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; NONE The written Marriage Settlement Agreement of the parties dated April 9, 2008, is attached hereto and incorporated herein for enforcement purposes only pursu5Nection 3105 of the Pennsylvania Divorce Code. ATTEST: J. PROTHONOTARY -5 ?'? h! 7 - r 'o v? - ?'-?/4 lxa I #,,,, ??-? ?? A00" WVO*? ?4w sa "0/-2 EMILY A. JO ERG, Plaintiff V. THOMAS C. OERG, Defendant July 11, gives this 704. -11 IN Date: STATE OF P COUNTY OF On th personally aK person who: executed the IN WI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1779 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE OF ELECTION TO RESUME PRIOR NAME is hereby given that, a final decree in divorce having been granted on Plaintiff hereby elects to resume her prior name of Emily A. Foster, and notice of her intention in accordance with the provisions of 54 Pa.C.S. --NNSYLVANIA w Emily Joerg to be nown as e5?-4 Emil . Foster CUMBERLAND ( SS. >, the day of July, 2008, before me the undersigned officer, )eared Emily A. Joerg known to me (or satisfactorily proven) to be the s name is subscribed to the within instrument, and acknowledged that she same for the purpose therein contained. S WHEREOF, I have hereunto set my hand and seal. 1^IUAL $E& ?T ?5 ?la6NC My ?Mrioi E Wf1rrd Corm Jrly S, 2010 r-Z -a