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Home My WebLink About05-2857 HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 24U090 ATTORNEY FOR PLAINTIFF WALTER H. CLEGG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : CIVIL ACTION - LAW C-.- : NO. OS; - ;JPs"? (!,~,L 1<ilL."[ CONNIE L. CLEGG, Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the fol/owing 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 in 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 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 17013 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 WALTER H. CLEGG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. OS- .2P.5'7 e.;u~L ~~ : IN DIVORCE CONNIE L. CLEGG, Defendant COMPLAINT IN DIVORCE PURSUANT TO SECTION 330100 OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is WALTER H. CLEGG, an adult individual whose address is 139 Oak Flat Road, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is CONNIE L. CLEGG, an adult individual residing at 309 North 39th Street, Harrisburg, Dauphin County, Pennsylvania 17109. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on September 2, 1998, in Winchester, Virginia. 5. Pursuant to the Divorce Code, Section 3301 (d), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken and that the parties hereto have lived separate and apart for a periOd of at least two years. The parties have lived separate and apart since about December, 2002. 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands jUdgment dissolving the marriage between the parties and for such further relief as your Honorable Court may deem equitable and just. 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. Section 4904, relating to unsworn falsification to authorities. June 1, 2005 WAL(f<~ Plai~h~ ~ <- HAROLD S. IRWIN, III Attorney for plainti 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 WALTER H. CLEGG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. CONNIE L. CLEGG, Defendant : IN DIVORCE NOTICE TO THE 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. PLAINTIFF'S AFFIDAVIT UNDER SECTION 330100 OF THE DIVORCE CODE 1. The parties to this action separated about December, 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 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 this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. of 4904 relating to unsworn falsification to authorities. June 1, 2005 wii~.p~~ WALTER H. CLEGG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : CIVIL ACTION - LAW : NO. CONNIE L. CLEGG, Defendant : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Cheek either (a) or (b): (a) I do not oppose the entry of a divoree deeree. (b) I oppose the entry of a divoree deeree because (Check (i), (ii) or (both): (i) The parties to this aelion have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Cheek either (a) or (b): (a) I do not wish to make any elaims for eeonomie relief. I understand that I may lose rights eoneerning alimony, division of property, lawyer's fees or expenses if I do not elaim them before a divoree is granted. (b) I wish to elaim eeonomie relief whieh may ineiude alimony, division of property, lawyer's fees or expenses or other important rights. In understand that in addition to eheeking (b) above, I must also file all of my eeonomie elaims 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 Notiee of Intention to Request Divoree Deeree, the divoree decree may be entered without further delay. I verify that the statements made in this affidavit are true and eorreet. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Seetion 4904 relating to unsworn falsifieation to authorities. June 1, 2005 CONNIE L. CLEGG, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decr_ and you do not wish to make a claim for economic relief, you need not file this counteraffldavit. 70 ~ ""9- r-' ,.--::j - c::;:') ~ ~ cJ-' c~ \) c-= - I 8 G'- -0 0 N --l:: V( ...", ~ -.0 1/'1 ~ N ----c: /~ ::;l - $ WALTER H. CLEGG, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA v. I CIVIL ACTION - LAW = NO. 2005 - 2857 CIVIL TERM CONNIE L. CLEGG, Defendant = IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (M(1}ID NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on June 3, 2005, by certified mail addressed to her at 309 North 39th Street, Harrisburg, PA 17109, certified mail No. 7004 1350000371484007. 3. A copy of the sender's and return receipts are attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Harold S. Irwin, III Attorney for plaintiff June 6, 2005 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court 10 No. 29920 I'- o o "'" u.s. Postal Servicew CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) fTl Cl Certified Fee o o ~ Return Reclept Fee ( orsement Required) o estrIcted Delivery Fee ~ ndorsement Required) n Total Postage & Fees $ "'" o 10 o I'- Postage $ Postmarl< Here ( . . II c,._ l.o CLECi; 3bq .,~TH 3qth st, Wlffif>BURfo, fA I ~ la:J a.~lp . "'~MII ~:fMII C - J I ..cI ....." AIcIIpt C ..... MIl 4. RoollLto.dlleilvOly?/&tnIRoo) 2. AttIcIe Nj.mj>or ; , i . {llonoferltom_~ : m Foimi3811~ FebNlIIy~: 7004 1350 0003 . , .., '. ! ~ floun IIOCoIpt 7148 4007 1--rn Cl2M 'IMO j , . EXHIBIT "A" , \ ( . I t () c: ....., = = en c... c: z !;fl ~:o r- ?BE'3 8Q ,:r:.-,j ::~C) (~rn ~~':l ,- "~ I en -n 3: r:y &- ...f WALTER H. CLEGG, PlalntlH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION . I~W : NO. 2005 - 2857 CIVIL TERM CONNIE L. CLEGG, Defendant : IN DIVORCE 1 WAIVER OF NOTICE OF INTENTION 'TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S~CTION 3301 (g) OF THE DIVORCE CODIi 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 divorc:e 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 ,md 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. June,zt;'2005 WALV.&~G# C~- ~- -0 :> ~ ." U' tV' q. .-\'" ';l;"" t'\l';-0 ...-0\.....1 ~'}-- 'Ci.b 'j:";~~) ',:;:1;, (f''i''I 15 '.,~-\ ~~ ..-< ~ d' <..- r- ~ :?'..... r" ;;:- - HAROLD S. IRWIN, III, ESQ. ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA WALTER H. CLEGG, Plaintiff v. : CIVIL ACTION. LAW : NO. 2005 - 2857 CIVIL TERM CONNIE L. CLEGG, Defendant : 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: Separation of the parties for over two years under Section 3301 (d) of the Divorce Code. 2. Date and manner of service of the complaint: Service was by certified mail on June 3, 2005. (See affidavit of service filed on June 6. 2005). 3. Date of execution by the plaintiff and service upon the defendant of the affidavit under Section 3301 (d) of the Divorce Code: Executed by plaintiff on June 1, 2005 and attached to the complaint which was served on defendant on June 3, 2005. 4. Date of execution by the defendant of the counter-affidavit under Section 3301 (d) of the Divorce Code: A counter-affidavit under Section 3301 (d) of the divorce code was attached to the complaint served upon defendant on June 3, 2005; however, defendant has not filed a counter-affidavit. 5. Date of service upon plaintiff of the notice of intention to request entry of a divorce decree: Not applicable. The plaintiff executed a waiver of notice on June 24, 2005. (See original Waiver of Notice filed June 24, 2005.) 6. Date of service upon defendant of the notice of intention to request entry of a divorce decree: A Notice of Intention to Request Entry of Divorce Decree was mailed to the defendant on June 23, 2005. Attached thereto was another copy of a counter-affidavit for her use, but defendant has not responded in any way. 7. Related claims pending: None July 14, 2005 HAROLD S. IRWIN, \II Attorney for Plainti C) c- " (.- 1;-. ('"1 (~-- ~. ::< ,,-, "'" C::l cr. C- <= r- o "Tj --f :1:-.. rn...!J r- -om =ny :~t) ~~ ;i::c5 grn ",.;:-~ --'::; -- CJ'1 "'" -,- - w w . . . . . . . . . . . . . . . . . . . :+: :t: :+::f.+:f. . . . . :f. :f.~ :f.:f.:f.+:f.:f.:f.:f.:f.:f.:f.:f.:f.:f.:f. :f. :f.:f.++:f.+ :f.++++++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF WALTER H. CLEGG. Plaintiff VERSUS CONNIE L. CLEGG, Defendant . PENNA. No. 2005-2857 CIVIL TERM DECREE IN . . . . . . . . . . . . . . . DIVORCE AND NOW, 7wJ WALTER H. DECREED THAT CLEGG . . . . CONNIE L. CLEGG . . . AND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '+' +++++++++++++++++++++? Jf' 2005 , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . '. . auA.) t~~ --- PROTHONOTARY :f.:f.:f.'+' '+' '1'+ ++++ ++++ +++~ + . J. -h? ~ ~lJ.-,SO(TC-L. ~ ~ t ~ /.w /"l P f1CL ." ,<,> '." " ,~..., ... .". -