HomeMy WebLinkAbout05-2206
MITCHELL WERNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION-LAW
IN DIVORCE
SHA WNA M. WERNER,
Defendant
NO. O~{ c.);:){)&' CIVIL TERM
NQTICE TQ 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 MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford St.
Carlisle, PAl 7013
(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.
. .
MITCHELL WERNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION-LAW
IN DIVORCE
SHA WNA M. WERNER,
Defendant
NO. (.>5- l.lp (..
CIVIL TERM
COMPLAINT UNDER 23 Pa.C.S. ~330J(d)
OF THE DIVORCE CODE
The plaintiff, Mitchell Werner, by his attorneys, the Family Law Clinic, sets forth the
following cause of action:
1. Plaintiff is Mitchell Werner, who resides at III Amy Drive, Carlisle, Cumberland
County, Pennsylvania. Plaintiff is currently incarcerated at the Cumberland County Prison, 110 I
Claremont Road, Carlisle, Cumberland County, Pennsylvania, since December 2004.
2. Defendant is Shawna M. Werner, who currently resides at III Limekiln Road,
Carlisle, Cumberland County, Pennsylvania.
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. The plaintiff and defendant were married on January 3, 2001 in Carlisle, Cumberland
County, Pennsylvania.
5. Plaintiff and defendant have lived separate and apart since March 2002.
6. There have been no prior actions of divorce or for annulment between the parties.
7. The marriage is irretrievably broken.
MITCHELL WERNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION-LAW
IN DIVORCE
SHA WNA M. WERNER,
Defendant
NO. 05- 2206
CIVIL TERM
AMENDED CERTIFICATE QF SERVICE
I, Rene M. Gornall, hereby certify that on the 24th day of May, 2005, I served a
true and correct copy of the Notice ofIntention to Request Entry of Divorce Decree and a
form Counter Affidavit on Shawna M. Werner by first class U.S. mail, addressed as
follows:
Shawna Werner
111 Limekiln Road
Carlisle, PA 17013
Date: -r/8/0S
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Certiffed Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
717/243-2968
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MITCHELL WERNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUl\ITY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN DIVORCE
SHA WNA M. WERNER,
Defendant
NO. 05- 2206
CIVIL TERM
CERTIFICATE QF SERVICE
I, Rene M. Gornall, hereby certifY that on this 8th day of July, 2005, 1 am serving a true
and correct copy of the Amended Praecipe to Transmit Record and Divorce Information Sheet on
Shawna M. Werner by first class U.S. mail, addressed as follows:
Shawna Werner
III Limekiln Road
Carlisle, P A 17013
Date: Ile/Ds
,
eM. Gorn
Certified Leg Intern
Family Law Clinic
45 North Pitt Street
Carlisle, P A 17013
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MITCHELL WERNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN DIVORCE
SHA WNA M. WERNER,
Defendant
NO. 05- 2206
CIVIL TERM
AMENDED PRAECIPE TO TRANSMIT RECQRD
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 9 3301(d) of the Divorce Code.
2. Date and marrner of service of the complaint: United States mail, certified, restricted
delivery, return receipt requested on April 29, 2005.
3. Date of execution of the Plaintiff's Affidavit required by S 3301 (d) of the Divorce Code:
April 25, 2005.
Date of service of the Plaintiff's Affidavit upon the Deft~ndant: April 29, 2005.
4. Related claims pending: none.
5. Date and marrner of service of the Notice of Intention to Request Entry of 9330I(d)
Divorce Decree and form Counter Affidavit, copies of which are attached: United States
mail, first class, postage prepaid on May 24, 2005.
Date 7 (8fr)")
e M. Gornall
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THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
Supervising Attorneys
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MITCHELL WERNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN DIVORCE
SHA WNA M. WERNER,
Defendant
NO. 05- 2206
CIVIL TERM
DEFENDANT'S COUNTER-AFFIDAVIT UNDER l'\3301(d)
QF THE DlVQRCE CQDl~
1.
Check either (a) or (b):
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(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. IfI 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 delay.
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. S4904 relating to unsworn
falsification to authorities.
Date
Shawna M. Werner, Defendant
NQTICE: If you do not wish to oppose the entry ofa divorce decree and you do not wish to make
any claim for economic relief, you should not file this counter-affidavit.
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MITCHELL WERNER,
Plaintiff
IN THE COURT OF COMMQN PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
v.
CIVIL ACTION-LAW
IN DIVORCE
SHA WNA M. WERNER,
Defendant
NO. 05- 2206
CIVIL TERM
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NOTICE OF INTENTIQN TQ REQUEST ENTRY OF
& 3301(d) DIVQRCE DECRE]i~
TO: SHA WNA M. WERNER
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the S 3301(d) affidavit. Therefore, on or after June 13,2005, 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 LA WYER AT ONCE. IF YOU DQ
NOT HAVE A 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 A LAWYER, THIS OFFICE MAYBE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT 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
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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.
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8. Plaintiff has been advised that counseling is available and that plaintiff or defendant
may have the right to request that the court require the parties to participate in counseling.
WHEREFORE, plaintiffrequests the court to enter a decree of divorce dissolving the
marriage.
Date: Lf l19/ DC;
Chcv&tu'/ (1 HeLL;'
CHARLE 1. UILINA
Certified Legal Intern
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ANNE MACDONALD-FOX
THOMAS M. PLACE
LUCY JOHNSTON-WALSH
ROBERT E. RAINS
Supervising Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
. .
,/
VERIFICATION
1 verify that the statements made in this Divorce Complaint are true and correct to the
best of my personal knowledge 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.
Dated: i/ Jc;/t,c;;-
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Mitchell Werner
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MITCHELL WERNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN DIVORCE
SHA WNA M. WERNER,
Defendant
NO. O:S,;;2':X)/;? CIVIL TERM
NOTICE TO DEFENDANT
If you wish to deny any of the statements 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.
AFFIDA VIT UNDER SECTION 330J(dj OF THE DIVORCE CODE
1. The parties to this action separated in March 2002 and have continued to live
separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose my rights concerning alimony, distribution 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 falsifications to authorities.
Date: 1'JS- k5-
I
17z.i;:uIA IJaAL-'1:-.
Mitchell Werner, Plaintiff
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MITCHELL WERNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN DIVORCE
SHA WNA M. WERNER,
Defendant
NO. t!{' ddC&:' CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
Kindly allow Mitchell Werner, 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~ 2h h5
I
Y2.~ i'fvLe_kvO~
THOllff >1. PLACE
ROB T E. RAINS
Supervising Attorneys
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
Staff Attorneys
F AMIL Y LAW CLINlC
45 North Pitt Street
Carlisle, PA l7013
717-243-2968
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MITCHELL WERNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN DIVORCE
SHA WNA M. WERNER,
Defendant
NO. 05- 2206
CIVIL TERM
CERTIFICATE OF SERVICE
I, Rene M. Gornall, hereby certify that I served a true and correct copy of the
Complaint for Divorce on Shawna Werner, at III Limekiln Road, Carlisle, PA 17013, by
depositing a copy of the same in the United States mail, certified, restricted delivery,
return receipt requested on April 28, 2005. Service was complete upon receipt by
Shawna Werner on April 29, 2005, as evidenced by the attached green card.
Date: 5 I~b':>
I. . .
.
COMPLETE THIS SECTION ON DELIVERY
. Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
. Print your name and address on the reverse
SO that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
A. Signature
X . W .0vvu~ D Agent
o Addressee
B. Received by (Printed Name) C. D ta of _ Il~
t 2.{, tv
D. Is delivery address different from itEllTl 1? 0 Yes
If YES, enter delivery address below: 0 No
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3. Service Type
'B: Certified Men
D Registered
D Insured Mall
o Express Mall
is: Return Receipt for Merchandise
DC.D.o.
4. Restricted Delivery? (Extra Fee) 18 Yes
2. Article Number
(rransfer from selVice label) 7 () ()~;- D:3 9'.!J 6 0 03 <;J ("",.3 d
PS Form 3811, February 2004 Domestic Return Receipt
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102595-02-M-1540
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MITCHELL WERNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN DIVORCE
SHA WNA M. WERNER,
Defendant
NO. 05- 2206
CIVIL TERM
NOTICE OF INTENTION TO REQUEST ENTRY OF
& 3301(d) DIVORCE DECREE
TO: SHA WNA M. WERNER
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the ~ 3301(d) affidavit. Therefore, on or after June 13,2005, 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 wiJIlose 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 A 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 A LAWYER, THIS OFFICE MAYBE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT 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. AU 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.
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MlTCHELL WERNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN DIVORCE
SHA WNA M. WERNER,
Defendant
NO. 05- 2206
CIVIL TERM
CERTIFICATE OF SERVICE
l, Rene M. Gornall, hereby certify that on the 24th day of May, 2005, I served a
true and correct copy of the Notice of Intention to Request Entry of Divorce Decree on
Shawna M. Werner by first class U.S. mail, addressed as follows:
Shawna Werner
lI1 Limekiln Road
Carlisle, P A 17013
Date:~
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MITCHELL WERNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
v.
CIVIL ACTION-LAW
IN DIVORCE
SHA WNA M. WERNER,
Defendant
NO. 05- 2206
CIVIL TERM
CERTIFICATE OF SERVICE
I, Rene M. Gornall, hereby certify that on this 2l st day of June, 2005, I am serving a true
and correct copy of the Praecipe to Transmit Record and Divorce Information Sheet on Shawna
M. Werner by first class U.s. mail, addressed as follows:
Shawna Werner
111 Limekiln Road
Carlisle, P A 17013
Date:~
e . ornall
Certified Legal Inte
Family Law Clinic
45 North Pitt Street
Carlisle, PA l7013
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MITCHELL WERNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW
IN DIVORCE
SHA WNA M. WERNER,
Defendant
NO. 05- 2206
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 9 330l(d) of the Divorce Code.
2. Date and manner of service of the complaint: United States mail, certified, restricted
delivery, return receipt requested on April 29, 2005.
3. Date of execution of the Plaintiff's Affidavit required by S 3301(d) ofthe Divorce
Code: April 25, 2005; Date of service of the Plaintiff's Affidavit upon the Defendant: April 29,
2005.
4. Related claims pending: none.
5. Date and manner of service of the Notice of Intention to Request Entry of
9330l(d) Divorce Decree, a copy of which is attached: United States mail, first class, postage
prepaid on May 24, 2005.
e Gornal
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ROB t. S
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
Supervising Attorneys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
717/240-5204
Date ~ )20105
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MITCHELL WERNER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
SHA WNA M. WERNER
: NO. 2005 - 2206 CIVIL TERM
ORDER OF COURT
AND NOW, this 29TH day of JUNE, 2005, there being no indication that a form
counter affidavit accompanied the 3301 (d) (1) notice as re:quired by Pa. Rule of Civil
Procedure 1920.42 (d) (2) the request for the entry of a divorce decree is DENIED
without prejudice.
Edward E. Guido, J.
Family Law Clinic
45 North Pitt Street
Carlisle, Pa. 17013
Shawna Werner
111 Limekiln Road
Carlisle, Pa. 17013
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
MITCHELL WERNER,
PLAINTIFF
No.
05-2206
VERSUS
SHAWNA M. WERNER,
DEFENDANT
DECREE IN
DIVORCE
AND NOW,
MIl
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)<JJ5, IT IS ORDERED AND
DECREED THAT
MITCHELL WERNER
, PLAINTIFF,
AND
SHAWNA M.
WERNER
, 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;
NONE.
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PROTHONOTARY
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