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HomeMy WebLinkAbout09-1076Melinda L. Cleary Plaintiff V. Patrick Q. Cleary Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 09- /67(0 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 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 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, I Courthouse Square, 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Melinda L. Cleary IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 09- 107 (P CIVIL TERM Patrick Q. Cleary Defendant IN DIVORCE COMPLAINT UNDER $3301(c) or (d) OF THE DIVORCE CODE 1. Plaintiff is MCP j dri- L Clear-u , who currently resides at Pori PA 1108 I Cumberland County, Pennsylvania. 2. Defendant is+ ?D- r' i R who currently resides at k', n(-) ar),? PA 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at lust the six months prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on JOW at 5. The marriage is irretrievably broken, and the parties separated on 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the military service of the United States of America, but is in fact living at the address given in Paragraph 2 above. J, ' 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. ?Q 1 r? 2? '???- car Date Plaint ff, Pro Se 1 , verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 Pa. C.S. §4904. re-,b, a Date: Plain iff, Pro Se Assisted by: Michael A. Scherer, Esq. O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (717) 249-6873 r,> . c? °'- ? ?-4 -z- r ;i t _? ? _? ?`.i ?? .._,., 4,? _ .._ . ?i ,_? y,,..J Melinda L. Cleary IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 09- J 6 74 CIVIL TERM Patrick Q. Cleary Defendant IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Melinda L. Cleary, Plaintiff, to proceed in forma aQ gpris. I, Michael A. Scherer, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Mich el . Scherer, Esquire Attorney for Plaintiff O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (717) 249-6873 C z; 1 T Melinda L. Cleary Plaintiff v. Patrick Q. Cleary Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 09- 10-7(p CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, - Patrick O. Cleary (Defendant), accepted service of a true and correct copy of the Complaint in Divorce under section 3301 (c) of the Divorce Code on the date written below. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. !7 141 Date Patrick Q. Cleary, Defendant ("'i ? ; ty i r-, ? ? , ' ?'= ,? r ?` f C.r'1 ? .? --?; .?., ? ??( „?-. _? f ? -? ?:? Melinda L. Cleary IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 09- -1®7 6 CIVIL TERM Patrick Q. Cleary. Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on FERRrT?R? v ? ?nnA 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 notice of intention to request entry of divorce. 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. Section 4904 relating to unsworn falsification to authorities. Date: -q- _ g Signature: <- al Mel' da L. Cleary, Plaintiff r?, Pd 2: Melinda L. Cleary IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 09- 1076 CIVIL TERM Patrick Q. Cleary. Defendant IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in divorce under §3301(c) of the Divorce Code was filed on FEBRUARY 20 2009 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 notice of intention to request entry of divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the pen lties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authoritie Date: ©?' 0 Signature: Patrick Q. Cleary, Defendant OF THE 2009 J U L -2 N LIP 2: 33 Melinda L. Cleary Plaintiff V. Patrick Q. Cleary Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 09-1076 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RE VEST 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 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: Signature: Me b da L. Cleary, Plaintiff ie?- PLE+ =:. i =iCE- t 2609 JUL -2 PH 2= '3 1 Melinda L. Cleary Plaintiff V. Patrick Q. Cleary Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 09- 1076 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RE VEST ENTRY OF A DIVORCE DECREE UNDER 3301 c OF THE DIVORCE CODE 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. 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. 1 verify that 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/atrick Date: ?" Signature: Q Cleary, Defendant A=LE s? OF of ?' ?.rY" 2%?? AL -2 PA 12: ;. ! MELINDA L. CLEARY PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION PATRICK Q. CLEARY NO. 09-1076 CIVIL TERM DEFENDANT PRAECIPE TO TRANSMIT RECORD 1 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 3301 (c) 3301 (d) (1) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: FEBRUARY 21st, 2009 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: byplaintiff 07102/2009 by defendant 0710212009 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: 07/02/2009 (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 07/02/2009 4. Related claims pending: THERE ARE NO OUTSTANDING CLAIMS 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit b. record, a copy of which is attached: Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: 0 7/ 0 2/ 2 n n a Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: TTY P'l 2: GU1,f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELINDA L, CLEARY V. PATRICK Q, CLEARY No. 2009 - 1076 CIVIL TERM DIVORCE DECREE AND NOW,N , it is ordered and decreed that MELINDA L, CLEARY , plaintiff, and PATRICK Q, CLEARY 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 Attest: J. rothonotary .X • 'i I