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HomeMy WebLinkAbout01-6899JUSTIN WADDINGTON, : Plaintiff : : V. : SARAH L. RAPP, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE NOTICE TO: Sarah L. Rapp RD 1, Box 108A Loysville, PA 17047 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 fights 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 at the Cumberland County Courthouse, One 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 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 JUSTIN WADDINGTON, : Plaintiff : . V. : SARAH L. RAPP, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol -- 6, P' f CIVIL ACTION - LAW IN DIVORCE COMPI,AINT IN DIVORCE 1. The Plaintiff is Justin Waddington, an adult individual currently residing at 177 Zion Road, Newburg, Cumberland County, Pennsylvania, since 1996. 2. The Defendant is Sarah L. Rapp, an adult individual who currently resides at RD 1, Box 10SA, Loysville, Perry County, Pennsylvania, since November, 2001. 3. The Defendant has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. The Plaintiff and Defendant were married on November 16, 2000, in Shippensburg, Pennsylvania. 5. Plaintiff's Social Security Number is 183-68-0599. Defendant's Social Security Number is 211-58-2579. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the fight to request that the Court require the parties to participate in counseling. Document Pl: 212886.1 9. 10. 10. Defendant. There were no children bom of the marriage. The marriage is irretrievably broken. The parties separated in January of 2001. Plaintiff requests the Court to enter a Decree in Divorce divorcing Plaintiff and WHEREFORE, Plaimiff requests that this Court enter a Decree in Divorce, and enter such other orders as are appropriate. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Melissa Van Eck, Esquire Attorney I.D. No. 85869 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attomeys for Plaintiff Dated: Document it: 212886.1 VERIFICATION I, Justin Waddington, hereby certify that the facts set forth in the foregoing Complaint In Divorce are tree and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Date: Ji~in Waddin~-~n Document #: 221247.1 N 'EB,1E7 REV. 8.80 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH VITAl. RECORDS I RECORD OF --COUNTY I DIVORCE OR ANNULMENT Cumberland ~ (CHECK ONEI [] STATE FILE NUMBER "STATE FIL.E DATE I'~. NAME HMS.BAND _ ~ z~o. ~oa. ~-'~ .... WIFE 16. P~CE OF (~ty/ (~te or F~I~ ~unt~) . 17~ NUMBER OF CHiC. 117B NUMBEROFOEPENOENTCHiL 18 P MARRIAGE - ATEOF DECREE (Mo~ (~yl (Ymr) 23. DATE REPORTSENT Irretrievable breakdo~ HUSBAND*S SOCIAL SECURITY ~ 183-68-0599 WIFE'S SOCIAL SECURITY # 211-58-2579 JUSTIN WADDINGTON, Plaintiff SARAH L. RAPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6899 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Melissa L. Van Eck, counsel for Plaintiff, Justin Waddington, hereby certify that a true and correct copy of the Complaint in Divorce was served upon the following, by certified mail, return receipt on April 14, 2001. Attached hereto, marked as Exhibit "A" and incorporated herein by reference is a copy of the return receipt card indicating service upon: Sarah L. Rapp RD 1 Box 10SA Loysville, PA 17047 Date: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Melissa I2. Van E~k~-~squir~ I.D. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Document #: 222678.1 Exhibit A · Complete i{em~'~'~2, and 3. Also complete item 4 if Restricted Deltvery is desired. · 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 rnailpiece, or on the front if space permits. · :"~h L. Rapp RD 1, Box 10SA Loysville, PA 17047 Received by (PleaSe Prfnt Clearly) r'~ Addressee is delivery address dilferent flora Rem 1 ? [] yes If YES, enter daiiYe{y address below: i-I No Sen/Ice Type ~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise f-I Insured Mail [] C.O.D. 4. Rest~ctsd Dailvery? (Extra Fee) r'~ yes ~2. Artlcle Number (Copy from service labeO 7000 1670 0011 4508 1502 ~ Domestic Return Receipt 102595-00-M-0952 PS Form 381!, July rl999 UNITED STATES POSTAL $~ aid · Sender: Please p~int;yo~[, name, addre~,§'i ~d'~Z1P*~'lrY~i~ METZGER WICKERSHAM 3211 NORTH FRONT STREET P.O. BOX 5300 HARRISBURG, PA 17110-0300 (717) 238-8187 MLV (86-106) JUSTIN WADD1NGTON, Plaintiff Vo SARAH L. RAPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6899 Civil Term CIVIL ACTION - LAW IN DIVORCE AMENDED AFFIDAVIT OF SERVICE I, Melissa L. Van Eck, counsel for Plaimiff, Justin Waddington, hereby certify that a true and correct copy of the Complaint in Divorce was served upon the following, by certified mail, return receipt on December 7, 2001. Attached hereto, marked as Exhibit "A" and incorporated herein by reference is a copy of the return receipt card indicating service upon: Sarah L. Rapp RD 1 Box 10SA Loysville, PA 17047 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Melissa E. Van Eck, Esquire I.D. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Document #: 222678.1 · Complete t{em~'~[~~-2, and 3. Also compiete' item 4 if Restricted De{ivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maiip[ece, or on the front if space permits. 1. A~ticle Addressed to: A. Received by (Please p#nt Cleady) Date of Delivery D. is delivery address diffecent flom ltem l? i"1 Yes if YES, enter delivery address below: [] No ~ :=h L. Rapp RD 1, BOX 108A Loysville, PA 17047 i2. ~¢ticle Number (Copy from service label) PS Form 381.1, Ju~y .1999 li Service Type ~1 Certified Mail [] E~xpress MN[ [] Registered r-i Return Receipt for Merchandise ['l Insured Malt [] C.O.D. · Restflcted Delivery? ~.xtra F~e) [~ Yes 7000 1670 0011 4508 1502 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL S~ ' ee~ ' S aid aaaress, · Sender: Please ~'~n~t~. name, METZGER WICKERSHAM 3211 NORTH FRONT STREET P.O. BOX 5300 HARRISBURG, PA 17110-0~0 (717) 238-8187 MLV (86-106) JUSTIN WADDINGTON, Plaintiff Vo SARAH L. RAPP~ Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 01-6899 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) and (d) of the Divorce Code was filed on December 5, 2001 and served upon Defendant on December 7, 2001. 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 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 unswom falsification to authorities. ~f,~'I~N~ADD~NGTO~ | Document #: 228997.1 (-~ o cT) JUSTIN WADDINGTON, Plaintiff SARAH L. RAPP, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 01-6899 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER .~ 3301(c) OF TI4E~ 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 ifI 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Document #: 228997.1 JUSTIN WADDINGTON, Plaintiff SARAH L. RAPP, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 01-6899 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) and (d) of the Divorce Code was filed on December 5, 2001 and served upon Defendant on December 7, 2001. 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 fmal 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Document #: 228997. ! JUSTIN WADDINGTON, Plaintiff SARAH L. RAPP, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 01-6899 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE 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 ifI 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 unswom falsification to authorities. Oate: 3-1/' 2 SARAH L. RAPi~ Document #: 228997.1 JUSTIN WADDINGTON, Plaintiff SARAH L. RAPP, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA _* : CIVIL ACTION - DIVORCE : : NO. 01-6899 CIVIL TERM Defendant : PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly 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) of the Divorce Code. 2. Date and manner of service of Complaint: A Complaint in Divorce was filed on December 5, 2001, and the Defendant accepted service on December 7, 2001. Affidavit of Service was filed December 18, 2001. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiffs and Defendant's Affidavits of Consent required by Section 3301(c) of the Divorce Code: Plaintiff-March 14, 2002, and filed March 18, 2002. Defendant - March 11, 2002, and filed March 18, 2002. Attached hereto as Exhibit "A". (b)(1) Date of execution of Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of service of the Plaintiffs affidavit upon the ~tefendant: N/A Document #: 229643.1 Complete the appropriate paragraphs: (a) Related claims pending: None (c) Claims withdrawn: None Claims settled by agreement of the parties: N/A (d) State whether any written agreement is to be incorporated into the Divorce Decree. No. (a) Date and manner of service of the Notice of Intention to File Pmecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d)(1)(i) of the Divorce Code: N/A (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: March 18, 2002. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: March 18, 2002. Attached hereto as Exhibit "B". METZGER, WICKERSHAM, KNAUSS & ERB Date: March ~:~,2002 Melissa L. Van Eck, Esquire Attomey Id. 85869 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 (Attomey for Plaintiff) (Justin Waddingtonl) Document #: 229643.1 JUSTIN WADDINGTON, Plaintiff SARAH L. RAPP, Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - DIVORCE : : NO. 01-6599 CIVIL TERM ; CERTIFICATE OF SERVICE AND NOW, this ___~day of March, 2002, I, Melissa L. Van Eck, Esquire, of Metzger, Wickersham, Knauss & Erb, attorneys for Plaintiff, Monique Y. Doleman-Campbell, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Sarah L. Rapp RD 1, Box 108A Loysville, PA 17047 (Defendant) METZGER, WICKERSHAM, KNAUSS & ERB Melissa L. Van Eck, Esquire Attorney Id. 85869 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: March /~, 2002 Attorney for Plaintiff Justin Waddington Document #: 229643.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ..~.. PENNA. JUSTIN WADDINGTON VERSUS SARAH L. RAPP NO. 01-6899 DECREe IN AND NOW, DECREED THAT Just:in Waddin~;ton AND Sarah L. Rapp DIVORCE ARE DIVORCED FROM THE BONDS OF MATRIMONY. , I~YJ~ , IT IS ORDERED AND , 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; None. J. PROTHONOTARY