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HomeMy WebLinkAbout04-3935 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Diane Kay Porter, v. Defendant CIVIL ACTION - LAW NO. 0'1- 3cr.lS CIVIL TERM IN DIVORCE John L. Porter, NOTICE TO DEFEND 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 Cwnberland County Court House, High and Hanover Streets, Carlisle, PA. 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. ClUIlberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 our office. All arrangements must Diane Kay Porter, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW NO. Olf~ 393 r CIVIL TERM IN DIVORCE John L. Porter, COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE I. Plaintiff is Diane Kay Porter, an adult individual, who currently resides at 31 Carlton Ave., Carlisle, Cumberhmd County, Pennsylvania 17013. 2. Defendant is John L. Porter, an adult individual, who resides at 625 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on October 14, 2003 in Newville, CUDlberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, Date: }j' - /0 -'" v( M~J~Z~A 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Plaintiff Diane Kay Porter, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE John 1. Porter, 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: ~r c;~OY ~J{ A~ Diane Kay Porte~aintiff y ~ ~ '- ~ ~ ~ _I ~ - ~ 0' ~ r-.~~ r; ~--i '.:. G ' " ,. ..~'! -... ',- ,_J " ~ 1. ., - C', Diane Kay Porter, Plaintiff IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYL V NIA (]I..(- 39'3') CIVIL ACTION, LAW CIVIL TERM : IN DIVORCE v. John 1. Porter,: NO. Defendant ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce on behalf of the Defendant, John Perter, in the above-captioned action and I certify that I am authorized to do so. By: #:: ;fl~ John Porter DATE: $- I{,... O..y n r- ;~ .-' ?3 <.<' ~ '--c! -:;\.,1 <,,) ,.-., ::(j -< :1: ~'\l r.1r_: ;~~~) ~ ",)\), <:5" , -.., - t,..) N ~~ Plaintiff IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYL ANIA Diane Kay Porter, v. Defendant CIVIL ACTION - LAW NO. 04,3935 IN DIVORCE CIVIL ERM John L. Porter, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed on August 10, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninet (90) days have elapsed frorn the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of otice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDA IT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HERE N ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UN WORN FALSIFICATION TO AUTHORITIES. If-q -OS Date (\ . .J",A.-~ Diane K. Porter o I~~: ....' e;=> ,'::"j (,-...11 (') ....rl =2,.., fne: :g\:;j '(-) f!....) ,:- ~:: ::;~} I"~) ~. i . ..; C.'~) .:.....f.' ,:.~i (" N :)J -< Plaintiff IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYL ANIA Diane Kay Porter, v. Defendant CIVIL ACTION - LAW NO. 04 - 3935 IN DIVORCE CIVIL ERM John L. Porter, WAIVER OF INTENTION TO REQUEST ENTRY OFA DIVORCE DECREE UNDER ~ 3301(9 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 roperty, 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 entere by the Court and that a copy of the decree will be sent to me irnmediately after it is filed ith the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDA TARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREI ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. !}4904 RELATING TO UNS ORN fALSIFICATION TO AUTHORITIES. !-f - q -0,:; Date ~~ j(. ~A-~ Diane K. Porter o c:'::; .-' C;",? C..:? <J' ~ " ...,:..'\ ".''''' \"J - o -;, - ,- ( ,.) f.-;; ----- Diane Kay Porter, Plaintiff IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYL ANIA v. Defendant CIVIL ACTION - LAW NO. 04 - 3935 IN DIVORCE CIVIL ERM John L. Porter, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on August 10, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ni ty (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 Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDA TARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HERE I MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO UNS FALSIFICATION TO P,UTHORIT:ES. . ,. ~ c.../- II---t):::- ':f.~ Date John L. Porter ..'"" -' g .-' e::? C4 J' ~ :;;.0 'i'.:i ~ ~ ~ ~" {'..:l - Plaintiff IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYL ANIA Diane Kay Porter, v. Defendant CIVIL ACTION - LAW NO. 04 - 3935 IN DIVORCE CIVIL ERM John L. Porter, WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301 (f) 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 p operty, lawyer's fees or expenses if I do not claim thern before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is ent red by the Court and that a copy of the decree will be sent to rne immediately after it is fil d with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAV ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREI ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. S4904 RELATING TO UNS ORN FALSIFICATION TO AUTHORITIES. LI--II~-O) ~~~ John L. Porter -----". Date jt/?W.1ddl'(5:> ':PO.\6~X \ V \(\; n.\c'-e Icl "Vtt n DU' I o ,.- ,-..' ~ c:-:==' ~1 -- :::.~U -;::J ;-...) o ~n ::? ~~":: - - c...) N Plaintiff IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYL V NIA Diane Kay Porter, v. Defendant CIVIL ACTION - LAW NO. 04 - 3935 IN DIVORCE CIVIL ERM John L. Porter, PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Grounds for divorce: irretrievable breakdown under Ij 3301(c) of the Divorc Code. 2. Date and manner of service of the Complaint: on October 28, 2003 Compla' t was served on Defendant and he signed an Acceptance of Service on Augus 16, 2004 (copy is attached). 3. (a) Date of execution of the Affidavit of Consent required by Ij 3301(c) or he Divorce Code: by the Plaintiff April 9, 2005; by the Defendant April 11,20 5 (copies attached). (b) Date of execution of the Waiver of Notice in 1j3301(c) Divorce: by the Plaintiff April 9, 2005; by the defendant April II ,2005 (copies attached). 4. Related claims pending: None Date: t?)o..-o'S ;11~ Michael J. Whare, squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 89028 ~;:;; C.l ,.:-:~-,. -[1 ,.;,;' --.. ::::'~J :>;J r'-~" - - ,~) <.-" +~;+.:,., :+ . . . . . . . . . . . . . . . . + . . . . . + . . . . . . + . + + . + + + . + . . . + . . . + . + . + . . + + . . . . . + . + + . . + . + . + . . + + + . + . . + + . . + + . . . . . . . . . . + ++ . .. :+ :+~,.,:+~ :+:++::+:+:+:+:+:+:+:+:+:+~:++:+:+:+:++:+:+ ~ ~:t.;!':+:++.:+"':+:+:+:++.+ :+ +. 0+' +.:+ :+:+ +::+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Diane Kay Porter NO. 3935 Plainti ff VERSUS hn L. Porter Dpfpnnrlnt DECREE IN DIVORCE AND NOW, +../ Z t' , z.-S' , IT IS ORDERED AND DECREED THAT Diane Kay Porter AND John L. Porter ARE DIVORCED FROM THE BONDS OF MATRIMONY. 04 , PLAINTIFF, . DEFENDANT, . . + + + . + + + + + . . . . . . . + . . + . . . + . + . . . + . + . + . + + . . . + + + + + 'f. :+ ~ :+ :+ i' ++ THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT None ~ - 'f.'f:++:+;f + . :+:+ '+':+ +:+:+ 0+' +:+ '1':++:+:+:++:+++ +:+:+:++'1' ++++:+++:+:+:+++:++.:++ PROTHONOTARY +:+ +. 'f. 'f' +.:+ "Ie + +.:+ +.:+ 'I':+. . . . . + + + . . . . + . . + . + + . + . . . . . . . + . + + . + . . . . . . + . . + . + + . . + . + + . J. . 1 ily;Z _r,pY/ ??';J1,,#?' rr1 ,,~. Y. . 7"':.,t.., >] t:~ S Y'''}'('1 ~ :l- ~ ~.p;1 5, . -c' 5 .