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Home My WebLink About02-0852GERALD E. JOHNSON, SR., Plaintiff VS. SHERRY JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. OR- ~5-~ 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 GERALD E. JOHNSON, SR., Plaintiff VS. SHERRY JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 0~-'~% CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Gerald E. Johnson, Sr., an adult individual currently residing at 143 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. Plaintiff has resided at this address for approximately two years. 2. Defendant is Sherry Johnson, an adult individual currently residing at 143 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. Defendant has lived at this address for approximately two years.. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 18, 1999, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, GRIFFIE & ASSOCIATES Marylo'ri ~Ol~tas, Esquire Attomeyt~r Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: / GERALI~ ~,.~ f(bHNSON~'~,.~ GERALD E. JOHNSON, SR., Plaintiff Vo SHERRY JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 0~--~5~ CIVIL TERM : IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Marylou Matas, Esquire, to proceed informa pauperis. I, Marylou Matas, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Date: Respectfully submitted, Maryl~m ~a~as, Esquh-e Attorney fo~Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 GERALD E. JOHNSON, SR., Plaintiff Vo SHERRY JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 0~3/~ CIVIL TERM : IN DIVORCE AFFIDAVIT IN SUPPORT PETITIO~N FOR LEAVE TO PROCEED IN FORMA P,4 UPERI,~ I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending or appealing the action or proceeding. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. I represent that the information below relating to my ability to pay the fees and costs is true and correct. a.) Name: Gerald E. Johnson. Sr. Address: ~3.~flLEiIL~:~ Carlisle. PA 17013 b.) Social Security #: 204-58-6403 If you are presently employed, state: Employer: ~ Address: n/a Salary or wages per month: n/a Type of work: n/a If you are presently unemployed, state: Date of last employment: 01/20/02 Salary or wages per month: ~ Type of work: warehouse c.) Other income within the past twelve months Business or profession: N/A Other self-employment: N/A Interest: N/A Dividends: N/A Pension and annuities: N/A Social Security benefits: N/A Support payments: N/A Disability payments: N/A Unemployment compensation and supplemental benefits: N/A Workman's compensation: N/A Public Assistance: N/A Other: d.) Other contributions to household support: Spouse's name: not relevant If your wife is employed, state: not relevant E, mployer: Salary or wages per month: Type of work: Contributions from children: N/A e.) Property owned: Cash: N/A Checking account: N/A Savings Account: N/A Certificate of Deposit: N/A Real Estate (including home): Motor vehicle: Make: Cutlass Cost:: $1.100.00 Make: ~ Cost: :_glllillm~fl~ Stocks; bonds: N/A Other: f.) Debts and obligations: g.) 143 North Pitt Street. Carlisle. PA 17013 Year: 1986 Amount Owed:: none Year:~ Amount Owed:: none Spouse: Children: Name Age Gerald E. Johnson, Jr. 1 year Gerre E. Johnson 3 years Mortgage: $433.00/month to National Ci_ty Mortgage Rent: none Loans: 2 Monthly Expenses: $1.100.00 Persons dependent upon you for support I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. I verify that the statements made in the foregoing document are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. GERALD E. )~HNSON, GERALI) E. IOHNSON, SK, vs. SHERRY .JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-$$2 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 28'" day of March, 2002, comes Marylou Matas, Esquire, ARomey for Plaintifl~ and ~ate~ tlmt ~he mailed a certified and true copy of a Complaint in Divorce ired Notice to Defend and Claim Rights to the Defendant, Sherry Johnson, at her address of 143 North Pitt Street, Carlisle, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on March 9, 2002. Sworn and subscribed a to before me this o~ff~-~ day of , 2002. NOTARY PI~B£IC Robin 0. ~, No~ ~ My Co~rm~ss~on Ex¢~ Apr. '~?, squire GRIFFIE & ASSOCIATES 200 North Hanover Street Cra'lisle, PA 17013 (717) 243-5551 r ~Plete items 1, 2, and 3. A/~o complete 4 If Re~icted Detivefy is desired your narn~md ~cldre~ on the ' · aso~ tha~t.~e can~turn the ~ard ~n ~.,., revere ? address below: C3 No /'1 Return Recelpt fo~ I~ GERALD E. JOHNSON, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. SHERRY JOHNSON, Defendant : CIVIL ACTION - LAW : NO. 02-852 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 19, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 decrees. I VERIFY THAT THE STATEMENTS MADE 1N THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF Pa.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. GERALD E. JOITtNSON, SR". GERALD E. JOHNSON, SR., Plaintiff VS. SHERRY JOHNSON, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-852 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c.) OF THE DIVORCE CODE 1. I consent to thc entry ora final decree in 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. Section 4904 relating to unsworn falsification to authorities. DATE: GERALD E. JOHNSON, SR. GERALD E. JOHNSON, SR. Plaintiff SHERRY JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-852 IN DIVORCE CIVIL TERM NOTICE If you wish to deny any of the statements set forth in the attached affidavit, you must file a counter-affidavit within twenty days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE The parties to this action have been separated since January 2002 and have continued to live separate and apart since that time. 2. The marriage is irretrievable broken. 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 the foregoing document 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 falsifications to authorities. GERALd) E. J(JHNS~"N, SR.; Plaintiff GERALD E. JOHNSON, SR. Plaintiff SHERRY JOHNSON, Defendant · IN THE COURT (DF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-852 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVI'CE, I, Sherry Johnson, acknowledge that I received a copy of Plaintiff's 3301(d) Affidavit in the above captioned action by it being hand delivered to me on the date listed below. GERALD E. JOHNSON, SR. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v..' CIVIL ACTION- LAW ~~:7,." '~ '::~i... SHERRY JOHNSON, · NO. 02-852 CIVIL TE Defendant · IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on February 19, 2002, and served on March 9, 2002. 2. The marriage of Plaintiff and 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 request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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: GERALD E. JOHNSON, SR. Plaintiff Vo SHERRY JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-852 IN DIVORCE CIVIL TER~~~c.' , WAIVER OF NOTICE OF INTENTION TO REOUEST THE ENTRY OF A DIVORCE DECREE UNDER .~3301(c) OF TFIE DIVORCE CODE 1. I consent to the entry of a final decree in 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 divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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: SHERI~'~'-JO/x, ,HNSON, tI~fendant GERALD E. JOHNSON, SR Plaintiff Vo SHERRY JOHNSON, Defendanf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-852 CIVIL TERM IN DIVORCE 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 Divorc~ Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: certified mail, restricted delivery to Defendant on March 9, 2002. 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 30, 2002 by Defendant: September 21, 2004 (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 of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: August 2, 2002 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: October 7, 2004 Maryl~ti~tas, Esquire GRIFFIE & ASSOCIATES Attorney for Plaintiff IN THE COURT Of COMMON PLEAS GERALD E. JOHNSON, SR. Plaintiff OF CUMBERLAND COUNTY STATE OF PENNA. N o. 02-852 CIVIL TERM VERSUS DECREE IN DIVORCE Gerald E. Johnson, Sr. DECREED THAT a N D Sherry Johnson , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; PROTHONOTARY