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HomeMy WebLinkAbout05-0324 SAlOIS SHUFF, FLOWER & LINDSAY AnORNEYS-AT-LAW 26 W. High Street Carlisle, P A !I '! AMANDA B. JOHNSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - DIVORCE NO.l>S" - J,;}.Y CIVIL TERM IN DIVORCE JEFFREY A. JOHNSON, Defendant NOTICE 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 an d 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 Prothon otary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 32 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: Carol J. Lir;lds y, Esquire ID#4469 26 West . Street Carlisle, PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS"AT-LAW 26 W. High Street Carlisle, PA II . . AMANDA B. JOHNSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - DIVORCE NO. D~ - :3 ~ Y CIVIL TERM IN DIVORCE JEFFREY A. JOHNSON, Defendant COMPLAINT Amanda B. Johnson, Plaintiff, by her attorneys, SAlOIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Amanda B. Johnson, who currently resides at 60 Buckthome Drive, Carlisle, Cumberland County, Pennsylvania, where she has resided since July, 2004. 2. The Defendant is Jeffrey A. Johnson, who currently resides at 4415 Carlisle Road, Gardners, Cumberland County, Penflsylvania, where he has resided since at least 1997. 3. The Plaintiff and Defendant both have been bona fide residents for at least six months immediately prior to the filing of this Complaint.. 4. The Plaintiff and Defendant were married on October 1, 1994, in Ohio. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she is erltitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. AMANDA B. JOHNSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION. DIVORCE NO. 05-324 CIVIL TERM JEFFREY A. JOHNSON, IN DIVORCE Defendant PLAINTIFF'S AFFIDAVIT OF' CONSENT 1. A Complaint in Divorce under 9 3301 (c) of the Divorce Code was filed January 18, 2005. 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 in 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 to the best of my knowledge, information and belief. 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: '::J:1,- ~'7-_J~5 ~~ Johnson PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERli 3301 leI 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 am true and correct to the best of my knowledge, information and belief. 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: ~-:\ ~<t- )0)0) ('\) --, ~a B. Johnson ~,s?nm Q C" %,. Aji;J:' ...-.f'tf\\ ,,.;.;,;,,.. ~~; m Y~,',~ ~(, '%c '72; ~ ~ ~ 'e, \""' \ c1' Q. ~....., f(\~ -;<b<::t O.C: ~.~ ....0 j~-(-' -:J'- '6 i;0 ..... "" o~ s;:- SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEVS-AT-LAW 26 w. High Street Carlisle, P A AMANDA B. JOHNSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION .. DIVORCE NO, 05-324 CIVIL TERM JEFFREY A. JOHNSON, IN DIVORCE Defendant STIPULATION OF THE PARTIES The parties hereto are Amanda B. Johnson, hereinafter Mother and Jeffrey A. Johnson, hereinafter Father. The parties stipulate as follows: 1. They are the parents of Caleb Sutton Johnson bom August 13, 1999 and Margaret Joanna Johnson born May 7,2004. 2. The parties will share legal custody of the children. 3. Mother shall have primary physical custody of their children and Father shall have partial custody of the childrEln at such times as the parties can agree. 4. The parties intend that the terms of this stipulation be made an order of the court. Witnesses: (/~ ~~. Johnson, Plain;-- ' -/If a c :S:. -r,:'l'P rn.c:"'-..: ....,..-, ~., .::;~. ?J5: =<.,.....:- r:::,-" i?!~-;, k{'} 5e ~ ~ ~ "'" ~ ~~ \ ~ .0 ~ -\3 -0 1;4 h :s: 1.::/" r-l ""' ~ ~ "" SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A Date: WHEREFORE. Plaintiff requests the Court to enter a decree of divorce. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff t 117/05 I { By: Carol J. Un say squire ID # 4469 26 West High Street Carlisle. PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, PA VERIFICATION I. the undersigned. hereby verify that the statements made herein 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. A~hnson Date: \ - \O'.J.~ AJ r::J ~ t:. "'t- ~ _ C/\ V) ~ () ~ Q. :cJ &~F- ~ ~ (-', ';;:; t') ~~ -'il <- G) ~~;\-~Q.l.." ~ 7: -~ .,:'~ .:::::> ~ (::i _ . ~~!'\1 :--1 . . c,) ~~2 AMANDA B. JOHNSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - DIVORCE NO. 05-324 CIVIL TERM JEFFREY A. JOHNSON, IN DIVORCE Defendant ACCEPTANCE OF SEIRVICE I. Hubert X. Gilroy. counsel for the Defendant above. accept service of the Complaint in Divorce in the above captioned matter. (- :;l S-:" 0 S- Date C/)txf-fJ Hubert X. Gilroy. Esquire 4 North Hanover St. Carlisle. PA 17013 Attorney for Defendant .,., ;-"1""1 ::::u l,r') (.r; 1.~l:~ AMANDA B. JOHNSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - DIVORCE NO. 05-324 CIVIL TERM JEFFREY A. JOHNSON, IN DIVORCE Defendant DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 9 3301 (c) of the Divorce Code was filed January 18, 2005. 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 in DivorGe 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 to the best of my knowledge, information and belief. 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: 7-J.3-0'S ~ ~" ::" \ DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER~ 3301 leI 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, iawyer's fees or expenses if I do not claim them before a divorce is 9ranted. 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 to the best of my knowledge, information and belief. 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: 7- d- ~- d.s -<::. ~, ....., c.:;} (;::;1 1;:..0-' c_ f~ " f'''; (..f} - SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. PA AMANDA B. JOHNSON, Plaintiff vs. JEFFREY A. JOHNSON, Defendant RECEIVED AUG 1 0 2005 \.- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 05.324 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW. this I dL day of ---1l '\j. ' 2005. upon consideration of the within Stipulation of the Parties. the terms thereof are hereby made an Order of Court. \,O? cj5 \\ By the Court. J. SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, PA AMANDA B. JOHNSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION. DIVORCE NO. 05-324 CIVIL TERM JEFFREY A. JOHNSON, IN DIVORCE Defendant STIPULATION OF THE PARTIES The parties hereto are Amanda B. Johnson. hereinafter Mother and Jeffrey A. Johnson. hereinafter Father. The parties stipulate as follows: 1. They are the parents of Caleb Sutton Johnson bom August 13. 1999 and Margaret Joanna Johnson born May 7. 2004. 2. The parties will share legal custody of the children. 3. Mother shall have primary physical custody of their children and Father shall have partial custody of the children at such times as the parties can agree. 4. The parties intend that the terms of this stipulation be made an order of the court. Witnesses: -"..-.. -P- a c s.. ""'(YL";:: n1rf'i ~.-!.") fh~; ~~; k'~"" ;,:,.,- ~{-S >e: 'Z ~ ~ g ~ ~ ~~ G"> -0 1 ~ -: ~:B ~ ~?f, ~ ~ 0' SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, P A AMANDA B. JOHNSON. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : No. 05-324 JEFFREY A. JOHNSON. : Civil Action - Law Defendant : In Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record. together with the following information. to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on January 25. 2005. through his counsel. Hubert X. Gilroy. Esquire. Proof of service was filed with the Court on February 4. 2005. 3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: July 2. 2005 By Defendant: July 27.2005 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated May 17. 2005 are incorporated. but not merged. into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: July 2. 2005 By Defendant: July 27.2005 Dated: 9rd 'c.Jj- a . Esquire SAlOIS. SH , FLOWER & LINDSAY 26 West High Street Carlisle. PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYS-AT.l.AW 26 W. High Street Carlisle, P A CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of September. 2005. a true and correct copy of the foregoing document was served upon the party listed below. via First Class Mail. postage prepaid. addressed as follows: Hubert X. Gilroy, Esquire 4 North Hanover St. Carlisle. PA 17013 i6 .. 'y)~r:J LI ythd'Ly- anne M. Bartley Paralegal to Carol J. Lindsay. Esquire ,,~ (J ~~~! (~' Jl (/) ..1 ->,,) r-v .-,..-0: -" ..- (-'1 . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY . . . . STATE OF PENNA. . Amanda B. Johnson . . No. 2005 - 324 Plaintiff . . VERSUS Jeffrey A. Johnson . . . Defendant . . . DECREE IN DIVORCE . . . ~"'rt...,Lr . .200/,-' IT IS ORDERED AND AND NOW, 7 DECREED THAT Amanda B. Johnson . . AND Jeffrey A. Johnson , PLAINTIFF. ARE DIVORCED FROM THE BONDS OF MATRIMONY. , 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: The terms of the Property Settlement and Separation Agreement of May 17, 2005 are incorporated but no merged into the Decree in Divorce. By THE C~/UI //7 ('~ /1 / ."" '//) j~. An, t~ J. PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~~ ~~~ 5/"/;'7 ~ p.~ ~ 4J'FfJ 5'V"(; . - . . , .' ~,' .'. .. \ . , . . ".. .1,. .