HomeMy WebLinkAbout04-3647
II
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CHRISTOPHER M. BELIEU,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. CLI- 31.1./7
CIVIL TERM
JENNIFER LYNN BELIEU,
Defendant
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
or other rights important to you, including 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 in the Office of the Prothonotary at the
Cumberland County Courthouse, Carlisle, PA 17013.
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 Count V Bar Association
2 Libertv Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
fl\div\BELIEUcomplaint2
CHRISTOPHER M. BELIEU,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 0'/- 3(, '11
JENNIFER LYNN BELIEU,
Defendant
CIVIL ACTION LAW
IN DIVORCE
COMPLAINT
1. The Plaintiff in this action is CHRISTOPHER M. BELIEU, an
adult individual, who currently resides at 207 West First Street,
Boiling Springs, Cumberland County, Pennsylvania 17007.
2. The Defendant in this action is JENNIFER LYNN BELIEU, an
adult individual, who currently resides at 111 Shirley Lane, Boiling
Springs, Cumberland County, Pennsylvania 17007.
3. Both the Plaintiff and the Defendant have been bona fide
residents of the Commonwealth of Pennsylvania for at least six (6)
months immediately previous to the filing of this complaint.
4. The Plaintiff and Defendant were lawfully joined in marriage
on May 24, 2003, in Windham County, Connecticut.
5. There have been no prior actions of divorce or for annulment
between the parties hereto in this or any other jurisdiction.
-1-
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6. The Plaintiff avers as the grounds upon which this action is
based is that the marriage between the parties hereto is irretrievably
broken.
7. The Plaintiff avers that no children have been born of this
marriage.
8. The Plaintiff has been advised that counseling is available
and that the Plaintiff may have the right to request that the court
require the parties to participate in counseling.
9. The Plaintiff requests the court to enter a decree of di-
vorce.
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 p.e.s. 54904, relating to unsworn falsification
to authorities.
~ .
if!f:sT PHER
M. BELIEU
Date:
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STONE LaFAVER
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03647 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BELIEU CHRISTOPHER M
VS
BELIEU JENNIFER LYNN
RONALD KERR
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - DIVORCE
was served upon
BELIEU JENNIFER LYNN
the
DEFENDANT
, at 1256:00 HOURS, on the 7th day of September, 2004
at 111 SHIRLEY LANE
BOILING SPRINGS, PA 17007
by handing to
JENNIFER L. BELIEU
a true and attested copy of COMPLAINT - DIVORCE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
3.70
.00
10.00
.00
31.70
~~:d'<.~~
R. Thomas Kline '
09/08/2004
STONE LAFAVER
Sworn and Subscribed to before
By:
STONE
~sLs
me this ft.':: day of
~_ .2w'r A.D.
(. JI!:otqon~ ~ .
fl\div\BELIEUcomplaint2
CHRISTOPHER M. BELIEU,
Petitioner
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
bY - 3lHi
NO. OJ ~2~3 CIVIL TERM
JENNIFER LYNN BELIEU,
Respondent
CIVIL ACTION LAW
IN DIVORCE
PETITION FOR EMERGENCY HEARING
TO ORDER MARITAL HOMES BE LISnm FOR IMMEDIATE SALE
1. The Petitioner in this action is CHRISTOPHER M. BELIEU, an
adult individual, who currently resides at 207 West First Street,
Boiling Springs, Cumberland County, pennsylvania 17007.
2. The Respondent in this action is JENNIFER LYNN BELIEU, an
adult individual, who currently resides at 111 Shirley Lane, Boiling
Springs, Cumberland County, Pennsylvania 17007.
3. The Petitioner and Respondent were lawfully joined in mar-
riage on May 24, 2003, in Windham County, Connecticut.
4. A complaint in Divorce was filed by the Petitioner on August
and the Respondent was served by the Sheriff on September, 2004.
5. There have been no prior actions of divorce or for annulment
between the parties hereto in this or any other jurisdiction.
6. The Petitioner purchased the property located at 111 Shirley
Land prior to the marriage; however, when the parties sought to
consolidate debt after marriage, a re-financing of this home was done,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
O'i-?jf;'I1
NO. 03 ::J2:'3J CIVIL TERM
CHRISTOPHER M. BELIEU,
Petitioner
JENNIFER LYNN BELIEU,
Respondent
CIVIL ACTION LAW
IN DIVORCE
Order
AND NOW, this
IlP~
day of September, 2004,
after reviewing the attached petition, this Court finds that a Hearing
will be held in to determine if the Petitioner's Request to List the
Marital Homes for Sale should be granted.
Said Hearing to be held on
I/'.et) ,in courtroom # ;;l.
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day of September, 2004, at
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By the Court
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CHRISTOPHER M. BELlEU,
PETITIONER
V.
. IN THE COURT OF COMMON PLEAS OF
: CUMBERLA.ND COUNTY, PENNSYLVANIA
JENNIFER LYNN BELlEU,
RESPONDENT
: 04-3647 CIVIL TERM
AND NOW, this
ORDER OF COURT
"2J....~ day of September, 2004, it is ordered that the
hearing on the petition of Christopher M. Belieu for emergency relief now scheduled for
11 :00 a.m. Monday, September 27, 2004, is cancelled. The hearing shall be conducted
in Courtroom No.2 at 3:00 p.m. Thursday, October 7, 2004.
vEITzabeth B. Stone, Esquire
For Petitioner
By the :oart,
/
~ri K. Serratelli, Esquire
2080 Linglestown Road
Harrisburg, PA 17110
)
...-Jennifer Lynn Belieu
11 Shirley Lane
Boiling Springs, PA 17007
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CHRISTOPHER M. BELIEU.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND' COUNTY. PENNSYLVANIA
04-3V'\1-
: NO. M UJtl CIVIL TERM
v.
JENNIFER LYNN BELlEU,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
AND NOW, this 1" day of October, 2004, upon agreement of the parties, and without a
need for hearing, it is HEREBY ORDERED AND DECREED as follows:
1. The parties shall immediately list for sale the jointly owned real property located at
207 First Street, Boiling Springs, Cumberland County, pennsylvania. The listing agent shall be d
orOnL\ (}\-\'\& \\5'\\nqU'1ent ffiUtua\\y Qgrtt'.c
Wayne Deakin of Wolfe & Shearer Realt/.' The Tisting price thr this property shall be detertnine<b l.L\Xl (l
duXm.
by the listing agent, with input from the parties. Both parties shall fully cooperate in the listing ofN- \)C\ vtlc
this property and shall sign all necessary documents to effectuate a sale of this property, when
requested, in a timely fashion. In the event the real property is sold, after the satisfaction of the
mortgage and all costs of sale, any remaining proceeds shall be held in escrow until such time as
the parties reach a mutual agreement as to how the net proce:eds should be divided.
2. Defendant, Jennifer Lynn Belieu, shall continue to reside in the jointly owned real
property located at III Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania. During
her occupancy of this property, she shall satisfy each and every month, the mortgage and all utility
bills associated with the real property. In the event Defenwmt defaults on the mortgage for
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a period of thirty (30) days or more, the parties shall immediately list for sale the Shirley Lane real
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property with Wayne Deakin of Wolfe & Shearer Realty. The listing price for this property sllall {'(\lAtu~dl')
o.q ~(..ec
be determined by the listing agent, with input from the parties. To effectuate the above, the ~:;..U)
...... "'"" "'" ...... _ whicl> "'"" '" bdd ;n ",,"w by "",""""'".0",",, c"" ~iti CS,
A. Boyanowski, Esquire. In the event the real property is sold, after the satisfaction of the
mortgage and all costs of sale, any remaining proceeds shall be held in escrow until such time as
the parties reach a mutual agreement as to how the net proceeds should be divided.
3. Plaintiff, Christopher M. Belieu, shall remove a!~ of his personal belongings,
household goods, and furnishings from the real property locatl:d at 111 Shirley Lane, Boiling
Springs, Cumberland County, Pennsylvania, within thirty (30) days ofthe date of this Order of
Court. Thereafter, Defendant shall enjoy exclusive possession over the real property located at
111 Shirley Lane, Boiling Springs, Cumberland County, pennsylvania.
4. Defendant, Jennifer Lynn Belieu, shall fully C<loperate with the listing agent, make
the property available for showing to potential buyers, and keep the property in a reasonable stage
of tidiness, in the event the Shirley Lane real property is lisu:d for sale.
5. \l\o.if'\htt' cnrl'5\-o{)hCX' M. Bd\GU, S\"\Q\\
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Edgar B. Bayley, J.
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CHRISTOPHER M. BELIEU,
Plaintiff
v.
JENNIFER LYNN BELIEU,
Defendant
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
6'/- J4lq
: NO. 03-5293 CIVIL TERM
: CIVIL ACTION - LAW
: IN DNORCE
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendant, Jennifer Lynn Belieu, in the above
captioned matter.
Respectfully submitted,
DALEY ZUCKER & GINGRICH, LLC
o~.
Cara A. BOYanOWSki,~
Supreme Court I.D. No. 68736
1029 Scenery Drive
Harrisburg, P A 17109
(717) 657-4795
Attorney for Defendant
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IN DIVORCE
Vs
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f1 \di V\BELIEUCOmplaint2
CHRISTOPHER M. BELIEO,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-5293 CIVIL TERM
JENNIFER LYNN BELIEO,
Respondent
CIVIL ACTION LAW
IN DIVORCE
PETITION FOR SPECIAL RELIEF
FOR AN ORDER LISTING MARITAL HOME FOR IMMEDIATE SALE
AND TO RELEASE ESCROW FUNDS TO PAY OFF MARITAL DEBT
1. The Petitioner in this action is CHRISTOPHER M. BELIEU, an
adult individual, who currently resides at 114 West Springville Road,
Boiling Springs, Cumberland County, Pennsylvania 17007.
2. The Respondent in this action is JENNIFER LYNN BELIEO, an
adult individual, who currently resides at III Shirley Lane, Boiling
Springs, Cumberland County, Pennsylvania 17007.
3. The Petitioner and Respondent were lawfully joined In
marriage on May 24, 2003, in Windham County, Connecticut.
4. The parties separated approximately one year later on May 30,
2004.
5. A complaint in Divorce was filed by the Petitioner on July
26, 2004, and served by the Sheriff.
6. The Petitioner purchased the property located at III Shirley
Land prior to the marriage; however, when the parties sought to
-1-
consolidate debt after marriage, a re-financing of this home was done,
and the Respondent's name was placed on both the deed and the
mortgage.
7. The Respondent then refused to live in the Shirley Lane
property and convinced the Petitioner to purchase another home to call
the "marital home". That property was located at 207 West First
Street in Carlisle. Both the Petitioner and the Respondent had a
legal, equitable and financial interest in this property, as well.
8. Ever since the purchase of the second home, the Respondent
has refused to move out of the Shirley Lane home.
9. The Petitioner realized that the brief and tumultuous
marriage had been a mistake; moved out after one year; and moved into
the second home.
10. On or about October 7, 2004, a hearing was held before the
Honorable Judge Bayley to hear the Petitioner's Special Relief request
to immediately list the marital homes for sale. The parties signed a
mutual agreement at that time whereby the Respondent agreed to sign
the listing agreement, and the 207 West First Street property sold
shortly thereafter.
11. The proceeds from the settlement in the amount of $15,203.02
money were placed in escrow, and are still being held in escrow by the
Respondent's counsel.
-2-
12. It was Petitioner's belief that the parties had agreed that
all settlement proceeds were to be used to payoff marital debt, once
he submitted copies of all original credit card bills to counsel,
which he did.
13. It is averred that the Respondent is refusing to authorize
the payment of any marital debt from this escrow account even though
undersigned counsel has written and submitted numerous copies of all
the debts arising from the brief marriage.
14. The Petitioner continues to pay on all the marital consumer
debt, and has suffered financially. As a result of this, the 0%
interest rates at which the parties originally purchased items has
expired, and now most of the interest rates have risen, to a point now
where the Petitioner is unable to remain current in order to meet the
large monthly minimum payments requirements.
15. The Respondent is also refusing to list the second home for
sale. Even though this was a very brief marriage, the Respondent has
insisted that she lS entitled to one of the marital homes.
Unfortunately, it is believed, and therefore, averred, that the
Respondent's credit history is so poor that she will not qualify for a
refinancing or new mortgage on this Shirley Lane property.
16. The Respondent is refusing to pay for any of the marital
debts, and the parties are quickly falling behind in all of the bills.
The sale of this home would alleviate the problem immediately.
-3-
WHEREFORE, the Petitioner respectfully requests that
this Court schedule a hearing in the matter to hear the aforesaid
Petition for Special Relief, to Order that the 111 Shirley Lane
marital home be listed for sale immediately; to Order that the escrow
account be released to payoff any and all marital debts as soon as
possible; and Order any and all such relief as this Court deems just
and proper.
STONE La FAVER & SHEKLETSKI
I
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Attorneys
r Petitioner
-4-
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:l\mic;\L-veri+i
VERIFICATION
Christopher M. Belieu states that he is the Plaintiff named in
the foregoing instrument and that he is acquainted with the facts set
forth in the foregoing instrument; that the same are true and correct
to the best of his knowledge, information and belief; and that this
statement is made subject to the penalties of 18 Pa. C.S.A. S 4904
relating to unsworn falsification to authorities.
Date:
4/ J?-/CJS
aMtt/tJrjz--
Christopher M. Belieu
1\
fl\m.::-s\~se[v~c'"
CERTIFICATE OF SERVICE
I, Elizabeth B. Stone, Attorney at Law, of the law firm of Stone
LaFaver & Shekletski, attorneys for Plaintiff, Christopher M. Belieu,
hereby certify that on this date I served a true and correct copy of
the within instrument on Defendant's counsel of record by first class
mail, postage prepaid, addressed as follows:
Cara A. Boyanowski, Esquire
Seratelli Schiffman Brown & Calhoon, P.C.
Suite 201
2080 Linglestown Road
Harrisburg, PA 17110-967//
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Stone, Esquire
251
17070
DATE:
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RECEIVED APR 2 7 20~r'\
IN THE COURT OF COMMON PLEAS OF '/
CUMBERLAND COUNTY, PENNSYLVANIA ~
04. "}. Lf1
NO. GJ j2~5 CIVIL TERM
CHRISTOPHER M. BELIEU,
Petitioner
JENNIFER LYNN BELIEU,
Respondent
CIVIL ACTION LAW
IN DIVORCE
Order
AND NOW, this
;)g--rh
day of April 2005, after
reviewing the attached petition for special relief, this Court finds
that a Hearing will be held in to determine if the Petitioner's
Request to List the Marital Home for Sale should be granted and to
determine whether the escrow account should be released to payoff
marital debt at this time.
~ dP~/;),
2005, at ct?:30
Said Hearing to be held on
~, in courtroom # ~
By the Court
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S. S, B. & C, Hbg, Pa. 17110
NO, 2848 P. 2
CHRISTOPHER M. BELIEU,
Plaill1ifl'
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION. LAW
v.
: NO. 04-3647
JENNIFER LYNN BELmU, now known:
lIS JENNIFER LYNN THORPE,
Defendant : IN DIVORCE
AFFJDA VIr OF CQNSE~T
1. A Complaint in Divorce under ~33()1(c) of the Divorce Code was filed on July 26,
2004.
2. The marriage ofPlaintifhnd Defendant is irretrievably broken and ninety (90) 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
l'CQuest entry of the decree.
[verify that the statements made in this Affidavit are true and correct. I understand that fiIlse
statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn
falsification to authorities,
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Date: ,~i{:/t{ dd/;;?CQ5
By:
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NO. 2848 P. 3
CHRISTOPHER M. BELIEU,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSVL VANIA
: CIVIL ACTION . LAW
v.
: NO. 04-3647
JENNIFER LYNN BELIEU, now known:
as JENNIFER LYNN THORPE,
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 1l3301(C) OF THE DIVORCE COJ)I(
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may Jose 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 Prothonotmy.
I verify that the statements made in this affidavit are true and correct. I understand thllt false
statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn
falsilication to authorities.
Date:
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CHRISTOPHER M. BELIEU,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-3647
JENNIFER LYNN BELIEU,
Defendant
CIVIL ACTION LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under 5 330l(c) of the Divorce Code
was filed on July 26, 2004, and served September 7, 2004.
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing the
complaint 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.
4. 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.
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. 5 4904 relating to unsworn falsi fica-
tion to authorities.
,
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CHRISTOPHER M. BELIEU, Plaintiff
Date
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CHRISTOPHER M. BELIEU,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 04-3647
JENNIFER LYNN BELIEU,
Defendant
CIVIL ACTION LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER S; 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. 5 4904 relating to unsworn falsifica-
tion to authorities.
J uJ~ .}I
Date \
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CHRISTOPHER M. BELIEU,
Plaintiff
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CHRISTOPHER M. BELIEU,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL DIVISION
JENNIFER LYNN BEL lEU ,
DEFENDANT
NO. 04-3647 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. 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: SEPTEMBER 7,
2004. VIA PERSONAL SERVICE BY R. THOMAS KLINE, DEPUTY SHERIFF
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent
required by ~3301(c) of the Divorce Code: by Plaintiff JULY 21, 2005
by Defendant JUNE 28, 2005
(b) (1) Date of execution of the affidavit required by
~3301(d) of the Divorce Code: ; (2) Date of filing
and service of the Plaintiff's affidavit upon the respondent:
4.
Related claims pending:
NONE
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:
(b) Date Plaintiff's Waiver
was filed with the Prothonotary:
of ~otice in
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, ,
~3301(c) Divorce
Date Defendant's Waiver of Notice in ~3301(c) Divorce
~
was filed with the Prothonotary:
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
CHRISTOPHER M. BELIED,
PENNA.
PLAINTIFF
No. 04-3647
VERSUS
JENNIFER LYNN BELIED,
AND NOW,
DECREED THAT
AND
DEFENDANT
DECREE IN
DIVORCE
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,~, IT IS ORDERED AND
CHRISTOPHER M. BELIED
JENNIFER LYNN BELIED
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
, DEFENDANT,
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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;
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