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Home My WebLink About04-5570 TERI L. NEWHOUSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LA W DIVORCE WESLEY A. NEWHOUSE, Defendant NO. 04- ~'''tD CIVIL TERM 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 right 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, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MA Y LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford St. Carlisle, P A 17013 (717) - 249-3166 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. TERI L. NEWHOUSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE WESLEY A. NEWHOUSE, Defendant NO. 04- 505- '/0 CIVIL TERM DIVORCE COMPLAINT UNDER 23 Pa.C.S. ~~ 3301(c) and 3301(d) The plaintiff, Teri Newhouse, by her attorneys, the Family Law Clinic, sets forth the following cause of action for divorce: 1. Plaintiff is Teri Newhouse, who currently resides at 313 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, since December 2002. 2. Defendant is Wesley Newhouse, who is currently incarcerated at State Correction Institution, Houtzdale, Clearfield County, Pennsylvania, since September 2002. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 16, 2001, in Carlisle, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since September 2002. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the marriage. s R. Abbott ertified Legal Intern ....2 ,~M~~tJ~ ~~R . ~~; THO~PLACE LUCY JOHNSTON- WALSH ANNE MACDONALD-FOX Counsel for Defendant Supervising Attorneys FAMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa. C.S. 94904, the undersigned verifies that the statements made in the foregoing Complaint are true and correct, to the best of my knowledge, information and belief. ,.. Dated: NO ~ . 0 I ?-Da-1 -Ui1 ~~ ~ Teri Newhnmse (") 1"'-":> \-\ = 0 ~~:~ c..:::> .s=- oon t.'. I :~:: :::1 ~ c.:;. f{, ::,1, ..-:.: ("- " , -nm ,.....1" ~~ c.J1 '? ::;-1 J.,.- :i:i --< TERI L. NEWHOUSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE WESLEY A. NEWHOUSE, Defendant NO. 04- S'S70 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Teri L. Newhouse, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party, Date / / - '1- 0 c/ s~ Jam . Abbott C . ed Legal Intern , .(1y(d~ R~~/l~~ -.z-I' . THOMA M. PLACE ANNE M DONALD-FOX LUCY JOHNS TON- WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 0 ,..." c:-) c-:> C~; C:::.;) ..'1 1 ,- 'T '. c; f-' ...:~- .. , Ci''':! - :~ c;::c ..r.:- : J,~.! TERI L. NEWHOUSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE WESLEY A. NEWHOUSE, Defendant NO. 04-5570 CIVIL TERM AFFIDAVIT OF SERVICE I (J'~/..r:J rdc.l-~ , , hereby certify that I am a competent adult and that I served a true and correct copy of Complaint for Divorce on the Defendant, Wesley A. Newhouse, at the State Correctional Institution in Houtzdale, Pennsylvania by handing him a copy ofthe complaint. Service was complete upon receipt by Wesley A. Newhouse on the g day of DIJ{/~~004. I verify that the statements made in this certificate 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: //(iJ~/1) r . I o~d~~ (!~~~ ~, ~~.~1 t.=, -., J :-::i ;n -.-,.. i~~._l" i..::-:r -( :'':,"i TERI L. NEWHOUSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE WESLEY A. NEWHOUSE, Defendant NO. 04-5570 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER ~3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (V (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): () () (i) The parties to this action have not lived separate and apart for a period of at least two years. () (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ~(a) I do not wish to make any claims for economic relief. 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. () (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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: /6J / te> / (14 I I UJM~ A. /)uuk{.r.~ Defendant . 1'"...." ('~ t'.- , ' -'--- r''''~ , ... ~. ;- i '.1- (_:~\ ,\ ',(i', '1 .' . TERI 1. NEWHOUSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE WESLEY A. NEWHOUSE, Defendant NO. 04-5570 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in September of 2002, and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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. 94904, relating to unsworn falsification to authorities. Date:~ t,,,,:. c.::) <:.~';~ ~_'l :? -d ~:<~ .;.,..;., ~'."l .'0 .r;:.'" co TERI 1. NEWHOUSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE WESLEY A. NEWHOUSE, Defendant NO. 04-5570 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT lJNDER &330l( d) OF THE DIVORCE CODE 1. /heck either (a) or (b): ~ (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): () () (i) The parties to this action have not lived separate and apart for a period of at least two years. () (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (~ (a) I do not wish to make any claims for economic relief. 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. .() (b) 1 wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. l understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904, relating to unsworn fa1siflcation to authorities. Date: J --- I ~ - 6~tJ cJ~ Defendan~ ~'(\J/~~ ------- _.> ~ (i .--1 "1' ;." ....c:: ( ./ - TERI1. NEWHOUSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE WESLEY A. NEWHOUSE, Defendant NO. 04-5570 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DECREE TO: Wesley A. Newhouse, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or me a counter-affidavit to the S 3301(d) affidavit. Therefore, on or after February 2, 2005, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TEAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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. "-, ~ (' ,,",:-1 ..-1 '.''1''; ,'1 .:,. - " TERI 1. NEWHOUSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE WESLEY A. NEWHOUSE, Defendant NO, 04-5570 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Served upon Defendant by handing him a copy of the complaint at the State Correctional Institution in Houtzdale, Pennsylvania. Service was complete upon receipt by Wesley A. Newhouse on the 8th day of November 2004. 3. Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: by the Plaintiff: January 7, 2005. Date of filing of the Affidavit: January 12,2005. Date of service of the Plaintiffs Affidavit upon the Defendant: January 14,2005. 4. Related claims pending: None. 5. Date and manner of service of the Notic<~ of Intention to Request Entry of ;l-1-6r;; Date g3301(d) Divorce Decree, a copy of which is attached: Notice handed to Defendant by a competent adult at the State Correctional Institution in Houtzdale Pennsylvania on January 14, 2005. ""~""~7~ _. / "l2?- -.---......... '-,' ~ Jame' bott C Jfied Legal Intern ~. ( 7 it ( /1~~- ./ ROBER . ~s .' THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys - The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 '-,1. "~,! , ..,'':, , \.:,", , ,;,~ \ 'I,:F.:+::+::+: . . . . . . . . :+: :+::+::+::+::+: :+::+:~:+:~+~~+:+: :+::+:++~+:+:+ ++ . ++:+:+ "':+:+:+:+ H ++~~~~ IN THE COURT OF COMMON PLEAS . . . . OF CUMBERLAND COUNTY . STATE OF PENNA. . . . . . . . . . . . . . . . . Torj L r'10t.1~n1190 No. 04-5570 Pl.::.ri,nr iff VERSUS Wesley A. Newhouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dofond:lot DECREE IN DIVORCE \::'",L,r":>ll AND NOW, 2-2- 200.s, IT IS ORDERED AND Teri L. Newhouse DECREED THAT , PLAI NTI FF, AND Wf'slf'Y A. Newhouse , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONV. . . . . . . . . . . . . . . . . . . . . . . . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT VET BEEN ENTERED; None. Bv THE COURT: 1 _ - I . L-o <:-J...J ~ 6 r Am, ~~ . . . . . . . . . . :+-:+::+::+::+::+:'I':+: .. . . . . . . . . . :+::+-++:+:++:+-+++'f.++:+:+ PROTHONOTARY H . + ++++'f.:+:~ ++ 'I''I''f++~~'''",,,, ~ +' +:+: '+'+ . J. '+' '" of", . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .jrp 1 ~ ~lA jO.i:f"!? . 7;/ ,. ~ k,,; fi .5lJ. ce C' . , ~ . -. " ~ , ~ ------