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HomeMy WebLinkAbout04-1124 MARY 1. WHITEHEAD-WAY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. ; No. :/'-1- II ^-If Civil Term JAYM. WAY, : ACTION 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. Where 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, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 170 13 (717) 249-3166 MARY L WHITEHEAD- WAY, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. Civil Term JAYM. WAY, ACTION IN DIVORCE Defendant COMPLAINT IN DIVORCE I. Plaintiff is Mary 1. Whitehead-Way, a competent adult individual, who has resided at 203 Widders Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 since 2002. 2. Defendant is Jay M. Way, a competent adult individual, who has resided at 203 Widders Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055, since 2002. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4, The Plaintiff and the Defendant were married on August 26, 1995 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have three children together, 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I veriry 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. 94904 relating to unsworn falsification to authorities. '~ . i. P! 7. !~ . Ii/1M i'kU ~ Mary 1. ~tehead-Way, Plait' Date: 3.- (7- 0,/ Adams, Esquire 1. . No. 79465 6 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~ "( J ~ (\ 4 ------ ----... -t. ---... ~ ",)-> . <\ '.l (' v ~ -... V' (', ,...., ,") ,.c',) .,"- ((' (::., :::;::' ." .~ ,~_.-, MARY I. WHITEHEAD- WAY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04 - 1124 Civil Term JAYM. WAY, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on March 17,2004. 2. The marriage of Plaintiff and 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. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 1 g Pa.C.S. 4904, relating to unsworn falsification to authorities. Dat~: G, \~ \ oS- WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 6330)(0) AND 6330)(d) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce wilhout notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 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. 1 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 1 g Pa.C.S. ~4904 relating to unsworn falsifi ation to authorities. Date: lo\~~\(jS- () C :<:'" ~~1~ {0':~' r;' .~ J-",... ~~; "":;; ::::; -< "" = = c.n '- c: r- I <.J1 -0 :r:: ~ '" '" o "T\ :r::o ml""':"" ~~ l:a i:5~ ~ -< - MARY I. WHITEHEAD-WAY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04 - 1124 Civil Term JAYM. WAY, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 330](c) of the Divorce Code was filed on March 17,2004. 2. The marriage of Plaintiff and 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. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of] 8 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: C:\2.~ \ <JS- WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~330l(e) AND &330Hd) OF THE DIVORCE CODE \. \ consent to 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. \ 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. \ verify that the statements made in this affidavit are true and correct. \ understand that false statements herein are made subject to the penahies of \8 Pa.C.S. ~4904 relating to uns falsification to authorities. Date:Co\ ae\os- o c ~tf, ~i'r , Z'~l, 'Zr 0?); --.....~. ~r:: ~.f~i ~p.c ;;:.-- :z ..... = = .... t.- c:: .- I en ~ ~:!J~ :s a :C-d g~ ~ ~ -0 ::;ll: ~ N N vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; No. O-i -I \ '0, ~ Civil Term : ACTION IN DIVORCE MARY 1. WHITEHEAD- WAY, Plaintiff JAYM. WAY, Defendant AFFIDAVIT OF SERVICE AND NOW, this March 30, 2004, I, Jane Adarns, Esquire, hereby certify that on March 22,2004, a certified true copy of the NOTICE TO DEFEND AND COMPLAINT IN DIVORCE were served, via certified mail, return receipt requested, addressed to: Jay M. Way c/o RusseJl Musser P.O. Box 872 Opelika, Ala 36803-827 DEFENDANT r-""., (") c;: ;:;Ef Q:Jn ~~:~ U._.. -,. ~:;? 1,:;' ,.":;., ".-' :3~~; .r(""_, .-.j -< ".> = <--:> -""" :x )'" ::>::I W Cl ~ =r:!J rn, :gm6 o 'i!...- Q~ cSrT1 --".f 'J>. :"1:1 -<c "'" :x a w '-0 D\- V0~ f..-:.::.".:..'...., *~~;q ".'....:.ff..r...'..'.:............:.......o... < \SDX ~ T'".,.~~~ i'::~F \ I ~\..\br ?,L. Ds- b .~,~1lu!I'ber ~."..., :', . service _0 ! P!\~ 3811. August 2001 ~, 3. service Type . Certified Mali '1::1 ~ Mall' o Registered 0 Return Receipt for Merch8Jtdtse .-) o Insured Mall 0 C.O.D. 4. Restricted Oellvory? (Extra Fee) lilY" ~ 7003 1010 0004 7515 7203 10259s.(l2.oM-1540 ' oomestic Return Receipt -_.~~'"' UNITED STATES POSTAL SERVICE. 1/1/1/ ..;;;",,;;;;;; First-C/asll"Aira1l Postage & Fees Paid USPS Pennn No. G-l0 . Sender: Please print your name, address, and Z/P+4 in this box . JI\NE ADAMS ATToRNEY AT lAW 36 S. PITT STREET CARliSLE. PA 17013 is /,,,1/1,,,1/1,,,,,,,,,,,,,,,/1,,./,/.,/./,),/,/,/,,/./,,),,,.1 MARY I. WHITEHEAD-WAY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04 - 1124 Civil Term JAYM. WAY, : ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this July 6, 2004, I, Jane Adarns, Esquire, hereby certifY that on July 2, 2004, a certified true copy of the CUSTODY COMPLAINT, AND PETITION FOR SPECIAL RELIEF, were served, via certified mail, return receipt requested, addressed to: P. Richard Wagner, Esquire 2233 N. Front St. Harrisburg, Pa. I 71 10-1027 ATTORNEY FOR DEFENDANT espectf;: S2iiJJ;~ e dams, Esquire .D. . 79465 36 So th Pitt Street Carr Ie, Pa. 17013 (7 I 7) 245-8508 ATTORNEY FOR PLAINTIFF 0 ...., <=> 0 c: <=> " - -=- 5>- ~-n ~Tn <- rp'T' c= :2::0 . m- rn zc~. I ~6 (.f) .-!?~. -< . (7\ !;:: ~-? 5'c -0 -. -d Z' ::0; 0-- ~-"(J _:zo orn :P-c ~ /;;.. ~j;! --l (.,) :n -< co -< D. Is delivery address different fI'Orn Itern 1 '? \t YES, enter delivery addl6SS below: ~ = 3. service Type .. Certified Mail 0 I:.xpress Mall o Registered 0 Return Receipt fOr 14iJ · ' o Insured Mail 0 C.O.D. .. 4. ReStrIcted Delivery? (Ex,ra Fee) 0'1.. "I."" ~ ~, 7003 1010 0004 7B1B bbb4 -::- = 1~-1"'... (. Domestic Return Receipt UN/TED STATES POSTAL SERVICE 111/1/ First-Class Mall P~ & F_ Paid USPS Permit No. G-10 . Sender: Please print Your name. address. and ZIP+<! in this box . -.J~~ 5k 'S, <Pixt-~ O:0-rLts.1~) PAr 110\5 , 15 """""/I/''''''''''''",I/"""",,,,,,I,I,J''I.I,,',,,., - MARY\. WHITEHEAD-WAY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04 - 1124 Civil Term JAYM. WAY, : AcnON IN DIVORCE Defendant PETITION FOR SPECIAL RELIEF AND NOW COMES the Petitioner, Mary \. Whitehead-Way, by and through her attorney, Jane Adams, Esquire, and files this Petition for Special Relief respectfully representing as follows: 1. Plaintiff/Mother is Mary \. Whitehead-Way, an adult individual residing at 203 Widders Drive, Mechanicsburg, Pennsylvania, 17055. 2. Defendant/Father is Jay M. Way, an adult individual who has resided in both Opelika, Alabama, and Cumberland County, Pennsylvania in the past few months. 3. Mother and Father are the natural parents of three children, namely: NAME DOB ADDRESS OF CHILDREN Mia Elizabeth Way I I/30/95 203 Widders Drive, 11echanicsburg,Pa.I7055 Emma Taylor Way 9/17/97 Beck Michael Way 8/6/99 4. The children have been in the primary custody of Mother since the parties separated on March I 1,2004. Father has been afforded liberal visitation with the children by mutual oral agreement. 5. During the past several months, Father has spent a ,;onsiderable amount oftime in Opelika, Alabama, where he lived with farnily members. 6. The parties have attempted to negotiate a written custody agreement and order regarding the legal and physical custody of the children with no success. 7. There is no current custody order regarding the childr,en and Mother has serious concerns that Father may remove the children from this jurisdiction or not return the children to her as the parties had previously agreed. These concerns arose due to Father's recent conduct and statements to Mother. 8. Mother believes it would be in the best interest of the children for this Court to issue an Order for Special Relief, directly ordering Father not to remove the children from the jurisdiction without the express written consent of Mother, in order to prevent the children from being removed from the jurisdiction before a conciliation conference can be held on this matter. 9. Mother has, as of this date, initiated an action in Custody by the filing of a Complaint with the Court, under the above-captioned docket number. WHEREFORE, Plaintiff/Mother requests this Honorabltl Court to enter a Temporary Court Order directing Defendant, Jay M. Way, not to remove th,~ children from this jurisdiction in excess of 72 hours without the express written consent of Mother, pending further Order of Court, and directing the Court Administrator's office to schedule an expedited custody conciliation conference to address the issues raised in this matter. Respectfully submitted, Date: ), k 0 '-1 J I. 3 Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 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. 94904 relating to unsworn falsification to authorities. Date: J. J . 0 0 i1!l~...:oo ~ ~ ~(\ ~ ......... 'b\ 'I - oj ~ ~ ~ .,J "'" ... ~ \ G p ....., c:::> s:~ ~~ ;:.,.;; () ~n r0 = 0-' :~ ;:';:.;,'1 '-. n:.' rr--'.'.\3 :'-'-lC) C.J (1. "B :;! . ~~ -T' ,~ ., en ~ MARY I. WHITEHEAD-WAY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04 - 1124 Civil Term JAYM. WAY, ACTION IN DIVORCE Defendant ORDER OF COURT AND NOW, this (p""" day of July, 2004, upon consideration of the Attached Petition for Special Relief, the following Order is hereby issued: O<r f\.".n...r .............,. 1 I. Pending a custody conciliation conference in this maUer, primary physical custody shall remain with Mother. /1 eev"""" 2. Pending further order of court, Father is specifically directed not to remove the children from the jurisdiction for a period in excess of 72 hours without the express written consent of Mother. 3. The Court Administrator's office is directed to schedule an expedited conciliation conference to fully address the issues presented in this matter. 4. The parties shall share legal custody ofthe children. By the Court, cc: P. Richard Wagner, Esquire '.~ 7.o'J.IJ'i Jane Adams, Esquire .""F G"t A.9.,,,-,,,,,-Won O.Q:',tL dd VIN'1/ilASNN3d AlNnOO QrNTI:!:::!8v'Jm trS :9 WV L - lonnaz AU\I.lONOJ-U,OO:I 3Hl :JO 3:)f;J;{0{l3']l:l MARY I. WHITEHEAD-WAY PLAINTIFF IN 'l1IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-1124 CIVIL ACTION LAW JAYM. WAY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 13, 2004 , upon consideration of the attached Complaint, , the conciliator, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Frida.y, July 30, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The conrt hereby directs the parties to furnish any and all existimlg Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: 1st Hubert X. Crilroy, Fsq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. You must attend the scheduled conference or hearing. yOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SEr FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania n013 Telephone (717) 249..3166 '~~#~~~ ~.~ -?~~ ~-Ir '?- ~~-;Pf) . r'''')''\'lcl ''f:j\NVi\ lr\::! ~,~~ ~:;r1 r '\in8 I 'Nnr(~ CP ."..i ',_:~J ~,! I\.J... 1[.,' l.!d f' \ lnr ~OOl C;O:I::, (. - "" 'HIQUd 3\-11:\0 , ~{" I U"O ',,", "'-11,' A'-'- ~^I"J'....._d '." :;1.../....,".... - IxJ. U c.. kJ. 2/(, )10' F;'L \;J MARY I. WHITEHEAD-WAY, Plaintiff OCV4 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v JAYM.WAY, Defendant NO. 2004 - 1124 IN CUSTODY COURT ORDER AND NOW, this t' day of ovh~<./ ,2004, upon consideration of the attached Custody Conciliation report, it is ordered llnd directed that this Court's prior order of July 6, 2004 is vacated and replaced with the following order: 1. The father, Jay M. Way, and the mother, Mary 1. Whitehead-Way shall enjoy shared legal custody of Mia Elizabeth Way, born November 30, 1995, Emma Taylor Way, born September 17,1997, and Beck Michael Way, born August 6, 1999. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody with the minor children as follows: a. On alternating weekends from Friday at ti:OO p.m. through Sunday at 6:00 p.m. b. For one evening per week from 5:00 p.m. until 8:30 p.m. If the parties cannot agree upon an evening, the evening shall be Tuesday. c. On alternating or shared holidays as agreed upon by the parties. For Thanksgiving 2004, father shall have custody of the minor children from Tuesday through Sunday. For Christmas 2004, mother shall have custody of the children for Christmas Eve through noon on Christmas day; father shall have custody from noon on Christmas day through one half of the vacation from school, with the children being returned back to the mother for the second half of the vacation. For future years and in the event the parties caunot agree, an alternating schedule shall be set between counsel Vi\\};\~IA(.:"'\ U~ L".-.....~ -'.\" ,'0' f ii\'i:\._:_ " :d -'::'.J o e :8 f-Id 9 - 1JO 100Z AU'ilC'.~;,:'~>:iCdd 3H1 :r:L1:'D-"-OJiU 'co, ::;v for the parties or the parties may bring this case again back to the Custody Conciliator. d. At such other times as the parties may agree. 4. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, cc: ~Richard Wagner, Esquire .,..llfue Adams, Esquire /1 J-, OCT 0 4 2004 MARY I. WHITEHEAD-WAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v JAY M. WAY, Defendant NO. 2004 - 1124 IN CUSTODY Prior Judge: Kevin A. Hess IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conc:iliator submits the following report: CONCILIATION CONFERENCE SUMMA!~Y REPORT 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Mia Elizabeth Way, born November 30,1995, Emma Taylor Way, born September 17,1997, and Beck Michael Way, born August 6,199'9. 2. The parties agree to the entry of an order in the form as attached. nJ{~11 0 V DA: ~f;' Hubert X. Gilroy, Esq Custody Conciliator MARY 1. WHITEHEAD- WAY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COuNTY, PENNSYLVANIA vs. : No. 04 - 1124 Civil Term JAYM. WAY, : ACTION IN DIVORCE Defendant NOTICE TO RESUME PRIOR SUltNAME. To the Prothonotary: Notice is hereby given that the Plaintiff in the above matter: _X_prior to the entry of a Final Decree in divorce. OR _ after the entry of a Final Decree in Divorce: hereby elects to resume the prior surname Wlt~ and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. s704. Date: l~z;olDY c.~ ) ):ss ) On this, the'd-D--tlAday of ~v., 206; before me, the undersigned officer, personally appeared MARY I. WHITEHEAD- WAY /MARY 1. WHITEHEAD, personally known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA ~5Y'~4 r,.). &uvl)s Je..... COUNty OF CU~BERLAND IN WITNESS WHEREOF, I hereunto set my hand and official seal. y commission~EALTH OF PENNSYLVANIA ~ Notarial Seal Jane Adams, Notary Public Carlisle BolO, Cumberland County My Commission Expires Sept. 6, 2008 ^\'\ -- (r-., -<:> ~ ~ \ t ,: '- ..t: Q("\ ~ \ ~.FC , ~;.~ r'-" c' ,:",,~..' ,'> ~ ~ i"-"", ,>> ( ^ '; (.... - MARY L WHITEHEAD- WAY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 04 - II24 Civil Term JAYM. WAY, ACTION 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. Where 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, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 .. MARY 1. WHITEHEAD- WAY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04 - 1124 Civil Term JAYM. WAY, ACTION IN DIVORCE Defendant AMENDED COMPLAINT IN DIVORCE. AND NOW comes the Plaintiff, Mary 1. Whitehead-Way, by and through her attorney, Jane Adarns, Esquire, and files this Amended Complaint in Divorce and hereby represents the following: COUNT I - OIVORCE I. Plaintiff is Mary 1. Whitehead- Way, a competent adult individual, who resides at 3 I Skyline Drive, Mechanicsburg, Pa,17050. 2. Defendant is Jay M. Way, a competent adult individual, who resides at Cockley's Meadow Road. Boiling Springs, Pa. 17007. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on August 26, 1995 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have three children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. . 10. The Plaintiff avers that the grounds on which this action is based are: a. Section 3301(c): The marriage is irretrievably broken; b. Section 330I(a)(6): Defendant has offered such indignities to the person of the Plaintiff. the innocent and injured spouse, as to render her condition intolerable and life burdensome, and that this action is not collusive. WHbKEFORE, Plaintiff requests the court to enter a decree in divorce. COUNT II - EOUITABLE DISTRIBUTION 11. Paragraphs I through 10 are herein incorporated by reference. 12. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from August 26,1995 through March I I, 2004, the date of separation, all of which are "marital property" or "marital debt." 13. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto. "non-marital property" which has increased in value since the date ofthe marriage and/or subsequent to its acquisition through the marriage, which increase in value is "marital property/" 14. The parties have been unable to agree to an equitable division of the marital property as of the date of the filing of this pleading. ~ WHEREFORE. Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. Date: s-ll 0 (0 S- ~ 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. 94904 relating to unsworn falsification to authorities. ~ ~ 9-'6- . ~BU ~ & ~ r, ~ ~ ~ p ~~ '.) ~ Q t.,~.1 , i CJ' ~_.~ -c. , r-i1 -, , - c.J -,-" - t', :'," ~ , ",J , - :.:<.:. MARY I. WHITEHEAD-WAY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 04 - 1124 Civil Term JAYM. WAY. ACTION IN DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER Defendant (Plaintiff)(Defendant) moves this Court to appoint a master with respect to the following claims: ()() Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite l>6 Distribution of Property ( ) Support ( ) Counsel fees ( ) Costs and Expenses and in support of the motion states: (I) Discovery is complete as to the claim(s) for which the appointment of a master is requested. "l) 0 J2) The Defendan~has not) appeared in the action (personally)<& his attorn~ ~IC-hc.rz;o\ 'Nc..!jn€(' , Esquire). (3) The statutory ground(s) for divorce (is@ ~ 30 \ ( 0.-. ')( ~) (4) Delete the inapplicable paragraph(s): (a) 11.... aatisR iB Rst eSHtaatgtJ. (b) An agreement has been reached with respect to the following claims: tJt)l<>~ I .Q. (c) The action is contested with respect to the following claims: aD , (5) The action (involves)Woes not involYe>complex issues of law or fact. (6) The hearing is expected to take Yz.. (fay~hours). (7) Additional infonnation, if any, relevant to the motion: Date: 5'. \ do. . 0 S- AND NOW, this following claims: ,2005, Robert Elicker, Esquire, is appointed Master with respect to the BY THE COURT: J. ..-' = cJ <.>~ ~~ .-~-- " -'~ ~ v:> g .-- ......n ::;: B' en (,., ~--' ------ RECEIVED MAY 1 3 ~ ;d""" MARY 1. WHITEHEAD-WAY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04 - 1124 Civil Term JAYM. WAY, ACTION IN DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER Defendant (Plaintiff)(Defendant) moves this Court to appoint a master with respect to the following claims: O() Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite \Xl Distribution of Property ( ) Support ( ) Counsel fees ( ) Costs and Expenses and in support of the motion states: (I) Discovery is complete as to the c1aim(s) for which the appointment ofa master is requested. 'i") 0.(2) The Defendan~has not) appeared in the action (personally)~ his attorn~ ~1c..hc.,.,.I 'Nc..~Vle". ,Esquire). (3) The statutory ground(s) for divorce (is@ ~ ~O I ( 0.-.)( (" ') (4) Delete the inapplicable paragraph(s): (a) l1l':' astisN is R8t eaffiB~t8e. (b) An agreement has been reached with respect to the following claims: to()~ I .Q (c) The action is contested with respect to the following claims: aD . , (5) The action (involves)Gioes not invoiVe> complex issues of law or fact. (6) The hearing is expected to take JI z.. 0.Y!)lhours). (7) Additional information, if any, relevant to the motion: , 2005, Robert Elicker, Esquire, is appointed Master with respect to the Date: 5. \ do. . 0 S- AND NOW, thisM following claims: p.~ ~t;. L~: : \ r-' z?,) <.;..0-: 0-' .","l ~... ~-:':' ;.~ c:-"' 0~ 1\1 ,:,., 0" . I~ -~--,._---'-- MARY 1. WHITEHEAD- WAY. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs, No. 04 - 1124 Civil Term JAYM. WAY, ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this May 16,2005, I, Jane Adams, Esquire, hereby certify that on May 12,2005, a certified true copy ofthe NOTICE TO DEFEND AND AMENDED COMPLAINT were served, via certified mail, return receipt requested, addressed to: P. Richard Wagner, Esquire 2233 N. Front St. Harrisburg, Pa. I 7110-1027 ATTORNEY FOR DEFEND SErJLf. '- '-~ ,-. . Complete ~ems 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. . Print your neme and address on .the reverse so that we can return the card to you. . Attach this card to the back of the mall Ieee, or on the front if space permits. A. SIgnaIUIII X~@~6ro~~ HHIlJ~r(~~/5fR~ij 22.33 }-j. p~ S~. ~\&tjjtXo r~ n1\O 3._~ ~Man lJl;xpI8llSMall lJ Rell-. dlilRolum Reoeipt lor '1 .~ lJ InSURld MaD lJ C.O.D. 4. Restrlc;ted Delivery? jSdnl Foe) lJ Yoo 2. Icle Number (1lansfertrom _ IaN!) PS Form 3811, February 2004 Domestic Roturn Receipt Kespecttully Su 7004 1350 0003 7284 9195 1D2686-02*1540 /0 an Adarns, Esquire 1.D. No. 79465 36 outh Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF <-~ c:? CJ :~ -n :::~ 7;'1 - _-l (" ...~j en .' MARY L WHITEHEAD- WAY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04 - 1124 Civil Term JAYM. WAY, : ACTION IN DIVORCE Defendant STIPULATION TO BIFURCATE DIVORCE It is hereby stipulated by and between the Plaintiff, Mary L Whitehead-Way, now known as Mary L Whitehead, and her attorney, Jane Adams, Esquire, and the Defendant, Jay M. Way, and his attorney, P. Richard Wagner, Esquire as follows: I. Plaintiff is Mary L Whitehead and Defendant is Jay M. Way. 2. A Complaint in Divorce was filed under the above-captioned number on March 17, 2004. 3. The parties were married on August 26,1995, and w<~re separated on March I 1,2004. 4. On May 10, 2005, Plaintiff filed an arnended complaint in divorce which contained an additional count for equitable distribution. 5. The parties have executed Affidavits of Consent and Waivers of Notice, which are to be filed contemporaneously with this Stipulation. 6. The parties have numerous economic issues to resolve including issues regarding taxes, which may take a considerable amount of time to resolve. 7. Entry of a Divorce Decree, prior to the resolution of the pending economic issues, would not prejudice either party. , 8. The parties hereby stipulate and agree that the above-captioned matter should be bifurcated in order that a Divorce Decree may be entered pending resolution of the economic issues between the parties. WITNESS: M ~~ e Adams, Esquire S. Pitt St. C lisle, Jl'a. 17013 (717) 245-8508 Attorney for Plaintiff 1 -, : - . P. Richard Wagner, Esquire 2233 N. Front St. Harrisburg, Pa. 17110 (7 I 7) 234..705 I Attorney for Defendant (") ...., ~ <=> c ~ ~"..^' I,~}" (... ~;!:! c: ... 0) ~;~.. I ~~ ~' Ul ~.;~ --0 '" o-d ,.,)" ~ :x :~c> 8~ ,.c ~ z ;g ::;! N ~ MARY\. WHITEHEAD-WAY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ vs, : No. 04 - 1124 Civil Term \\~tEIVED JUL 0 6100~ JAYM. WAY, : AcnON IN DIVORCE Defendant ORDER AND NOW, this 1.2 4 day of 1~ , 2005, upon consideration of the attached stipulation signed by the parties, it is hereby ORDERED and DECREED that the above-captioned matter is bifurcated and Plaintiff may proceed to file all documents pursuant to requesting a final Decree in Divorce. P. Richard Wagner, Esquire A;t. cc: Jane Adams, Esquire ~L 1- I )--6r ~ 6/ ;[; !!d ? I 7,'7f' !lOOl J..Mllq'XPfiiOtM 2/-11. :fa 3,,'IJ:/O-O:171:1 MARY 1. WHITEHEAD- WAY, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04 - 1124 Civil Term JAYM. WAY, ACTION IN DIVORCE Defendant 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 &330)(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Served via certified mail, March 22, 2004. 3. Date of execution of the affidavit of consent required by 330I(c) ofthe Divorce Code: By Plaintiff: June 29, 2005. By Defendant: June 29, 2005. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in 1l330I(c) Divorce was filed with the Prothonotary: July 5, 2005. Date Plaintiffs Waiver of Notice in 1l3301(c) Divorce was filed with the Prothonotary: July 5, 2005. Date: /( -Z f 10 -;- R.espectfullY Submittet ~ Qw d~ e Adams, Esquire . No. 79465 64 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + . . + . + . . . . + + . . . . . . + . + . . . . . . . . . . + + . . . . . + + . + . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUINTY STATE OF PENNA. Mary 1. Whitehead-Way Plaintiff No. No. 2004 - 1124 Civil Term VERSUS Jay M. Way, Defendant DECREE IN DIVORCE ~.~,_ oJ ~ ..- AND NOW, ---r't.' 1 ,"Z40~ , IT IS ORDERED AND Mary 1. Whitehead-Way, n/k/a Mary 1. Whitehead DECREED THAT , PLAINTIFF, AND Jay M. Way ARE DIVORCED FROM THE BONDS OF MATRIMONY. , 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; This matter was bifurcated pursuant to an Order of Court dated July 12,2005; All economic claims are preserved and shall remain open. -7 ,,~ "";"- \,. .......--.","'- -...... .-" ~.. .- ':. . ....,~~ , .. 'w '. "'~ '.,1 . '-~,. , .... - ~- ~ . - - ,. ~ . , ............. '...."...-.../ ---,-..,~ "".... .",- " ./ , ~..................-~,.;"'o "'.: u", \\ 'I;; .b'....'" . . . .. PROTHONOTARY . . . . . . + . . . . + + . . . . + . . . . . + . . . . . . . . + . . . . . . . . . + . + . + . . . . . J. . + + . + . . . + . . .+ ..-.A fir 7 ~ '7Y1h 50" >' $ --V('1~~" ~-4l -pr,} y" 5.$ . . ,.,.~ -'-.