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HomeMy WebLinkAbout08-7192 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff DEAN W. WEARY Plaintiff v. WANDA LEE WEARY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.. o$ '? ~9a Civi 1 j rN~ 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 I}rompt 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 enured 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 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 St. Carlisle, PA 17013 (717) 249-3166 OR (800) 990-9108 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff DEAN W. WEARY Plaintiff v. WANDA LEE WEARY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE COMPLAINT UNDF~R SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Dean W. Weary, who currently resides at 2142 Ritner Highway, Carlisle Cumberland County, Pennsylvania 17015. 2. Defendant is Wanda Lee Weary, who currently resides at 2142 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17015. 3. Plaintiff and Defendant have been separated since May 23, 2007. 4. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 5. Plaintiff and Defendant were married on September 8, 2005 at the Big Spring Mill, Newville, Cumberland County, Pennsylvania. 6. There have been no prior actions for divorce or for annulment between the parties. 7. The marriage is irretrilevably broken. 4 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. 9. Plaintiff requests the court to enter a decree of divorce. 10. Neither Plaintiff nor Defendant in this action are a member of the Armed forces. WHEREFORE, The Plaintiff requests this Honorable Court to enter a Decree of Divorce Date: -a-I Q ~~ Respectfully subm' ed, ,j Ste anie E. Chertok, Esquir Attorney I.D. No. 52651 61 West Louther St. Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff VERIFICATION I, Dean W. Weary, 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. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: ?~= d ~ ,~-~-~ Dean W. Weary STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff DEAN W. WEARY Plaintiff v. WANDA LEE WEARY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Stephanie E. Chertok, Esq., counsel for Plaintiff, hereby certify that a copy of the Complaint for Divorce, directed to Defendant, Wanda Lee Weary, was served upon Defendant at 3~- Defendant's residence, 2142 Ritner IFlighway, Carlisle, PA 17015, this ~ day of December, 2008, by first-class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa. C.R.P. 1930.4(c). ~~~ tephanie E. Chertok, Esquire tN W ~ ~ ~ ~~ ~, ~ ~ ~ ' '' vo .c ;=_ ~ ~' 00 ~~~ rn 44 9~ ~y~ f -; "~~_ i ~. ~ µ jj~.~ ~ ~ ~ ~_ ~~ ~ t's^ 7 ~~ . .. DEAN W. WEARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW WANDA LEE WEARY, NO. 08 - 7192 CIVII. TERM Defendant IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Wanda Lee Weary, in the above- captioned matter. Date: Mark F. Bayley, Esc}t~ire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 DEAN W. WEARY, Plaintiff vs. WANDA LEE WEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08 - 7192 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 Dated: / / O Mark F. Bayley, Esquire r °~~ ' .,~° ~~ '.~.' "1l MAR -3 PH v' 3`3 DEAN W. WEARY, f UMB E R L A '* D C OM- SHE COURT OF COMMON PLEAS OF Plaintiff ° E N S Y `' ` ;:, I CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW WANDA LEE WEARY, NO. 08 - 7192 CIVIL TERM Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, MARK F. BAYLEY, Esquire, hereby accept service of the above captioned Complaint in Divorce on behalf of the Defendant, WANDA LEE WEARY, in the above-captioned action and I certify that I am authorized to do so. --1 Te j-L Date: DEAN W. WEARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. WANDA LEE WEARY, Defendant 1 2 CIVIL ACTION - LAW NO. 08 - 7192 IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(C) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. Q IL?TERM Mm F ,. ! CD gy=m- c? r 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. 1?- 1 -11 1?),, U1. Date Dean W. Weary, Plaintiff STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff 0! MIT) _3 €!E.} ???l?1f3EF" ? °.1 DEAN W. WEARY Plaintiff V. WANDA LEE WEARY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 08-7192 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on December 9, 2008, and served on December 10, 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. I consent to the entry of a final decree of divorce after service of Waiver of Intention to Request Entry of the decree. 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:- t ? Z 0 Wanda Lee Weary STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff DEAN W. WEARY Plaintiff V. WANDA LEE WEARY Defendant C J- 1, is ?r n ^0I E V, A R -3 PH n r?r PEMPNISY! ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 08-7192 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 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. 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. Dated: Z I S 1 ;1? Wanda Lee Weary BAYLEY & MANGAN Mark F. Bayley, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 DEAN W. WEARY, VS. Plaintiff WANDA LEE WEARY, Defendant FILE- LIT '?? .'f 4, V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - 7192 IN DIVORCE CIVIL TERM 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. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Filed on December 9, 2008; Acceptance of Service was executed by the Defendant on December 13, 2008. 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff March 3, 2011; by the Defendant December 13, 2010. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: contemporaneously with this filing. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: contemporaneously with this filing. Date: ? kl'--) Mark F. Bayley, Esquire BAYLEY & MANGAN 17 W. South St. Carlisle, PA 17013 717) 241-2446 Supreme Court I.D. # 87663 DEAN W. WEARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. WANDA LEE WEARY, Defendant CIVIL ACTION - LAW NO. 08 - 7192 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on December 9, 2008. 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. 1 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. Date Dean W. Weary T " Y? 1 _ Dean W. Weary V. Wanda Lee Weary DIVORCE DECREE AND NOW, 110 c W 4 , it is ordered and decreed that Dean W. Weary ,IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 7192 plaintiff, and Wanda Lee Weary , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, Attest: J. p? yfl D.u,?Pro honotary 3-8-r! - C,-n+: Npy ma;led it att4 &e4+ok Nom +4y rna.iied 40 olty J3ayley