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Home My WebLink About05-5840 OR/G/IVI/L v. : IN THE COURT OF COMlVJ~.h' - : CUMBERLAND COUNTY, PENNSYLVAI',"_ C;ull~82-nJ : NO. OS- -. C:P4o ASHLEY CHERRY, Plaintiff JOHN R. CHERRY, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, 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 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 the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. 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. [F 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 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 I/L /J I ( '1. 1/ .\L-.-/ Courtney L. Kish Esquire Attorney for Plain Iff l v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA ; NO. OJ-- s'J''IO ASHLEY CHERRY, Plaintiff JOHN R. CHERRY, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302( d) ofthe Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days ofthe date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. OS - ..nyO CIJL ~~ ASHLEY CHERRY, Plaintiff JOHN R. CHERRY, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Ashley Cherry, who currently resides at 202 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is John R. Cherry, who currently resides at 202 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing ofthis Complaint. 4. Plaintiff and Defendant were married on September 30, 2000, in Dauphin County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. The parties to this action have been separated since October 1, 2005. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the Court to enter a Decree in Divorce. 11. This action is not collusive. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 12. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; and c. for such further relief as the Court may determine equitable and just. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP / Dated: ~ By: \1) Courtney L. Kis 1 Attorney J.D. #81 09 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff Ashley Cherry VERIFICATION 1, Ashley Cherry, verify that the statements made in the foregoing Pleading 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:~ OLAl1j C(~L1.. ,- Ashley Ch ~ Ie; 7"F- 1l \l U( ~ ~ ~ ~ ~ '-0 ~ r-.' C) ~~~ -n .-< ::r: -'D c::c ri1[~i 1 <.D -, C;'? 'I..~ 1',-) :":Z (} , ~ ASHLEY CHERRY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5840 JOHN R. CHERRY, Defendant : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE 1, John C. Howett, Jr., Esquire, attorney for the above-named Defendant, accept service of the Complaint in Divorce on behalf of my client, John R. Cherry. Date: H(c gJo- ~ . Howett, Jr., Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, P A 171 08 . " ';::\~ "-? 'i"n ~,) CJ _._~ C:? c) I ASHLEY CHERRY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-5840 Civil Term JOHN R. CHERRY, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 9, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both 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 Decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. 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 above are true and correct. I understand that false statements herein are made subject to the penalties of ] 8 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. Date: 2//of (;>0 , . CcC~. cL. y Ashley S. Ct(< , Plaintiff . '- ASHLEY CHERRY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-5840 JOHN R. CHERRY, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 9, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice ofIntention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. 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! 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. Date: Ot,t;301 -- . ASHLEY CHERRY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5840 Civil Term JOHN R. CHERRY, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECOR~ To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: I. Ground for divorce: irretrievable breakdown under Section (XX) 3301 (c) ( ) 330I(d) of the Divorce Code. 2. Date and manner of service of the Complaint: November 18, 2005; Acceptance of Service signed by Defendant's attorney, John C. Howett, Jr., Esquire. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: March 10,2006; by Defendant: March 9, 2006. (b) (I) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: None . - ~ . 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and manner of service of Notice of!ntention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 330I(d) of the Divorce Code: or, date of execution of Waiver of Notice of!ntention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: March 10,2006; by Defendant: March 9, 2006. and, date of filing of the Waiver of Notice of!ntention to Request Entry of a Divorce Decree: Both the Plaintiff's and Defendant's Waivers are being filed simultaneously with this Praecipe. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Date: March 13, 2006 U 1/)( ( i ! IS [,0.. / . -' , sqUire Attorney for Plai . ff Post Office Box 650 Hershey, P A 17033 (717) 533-3280 PA J.D. No. 81509 . .. . . . . . . .. . .. :f.:+::f.:+,:f.;!i;f.;+::f.:t:;t;;f:f.:f.:+ :f.:f.:f.;t;:f.:f.:+:f.:f.:+:f.:+:f.:f.:f.:+:f.:f.:+~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , + . + . . . + + IN THE COURT OF COMMON PLEAS . . . . . OF CUMBERLAND COUNTY STATE OF PENNA. . . . . . ASHLEY CHERRY . No. 05-5840 . . . . . . Plaintiff VERSUS . JOHN R. CHERRY, . . . . . . . Defendant DECREE IN . . . . DIVORCE . . . . . . . AND NOW, t'\l\<\.t\-\ 2. \ , IT IS ORDERED AND , ).lXl" DECREED THAT .a.~hl~y rhj::lorry , PLAINTIFF, . . . . AND John R. , DEFENDANT, Cherry . . . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . + . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION F'OR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . . . :f.:+:f.:+:+T.T.:+:f.T.:f.:+:f.:f. :f.:+T.:+T.T.T.:f.~ . BY THE COURT: ~'l . . . ATTEST: . . . . . . . PROTHONOTARY . . . !+:'t':+: :+: . .. J. . . + . . + . + . . + + . + + . + + + + + + + ~ ry/l-, "lO'$e'C ;;;"""# f;P t ..-",,,7/biJ.1"7 'l7.>"'" I~ f7 'J. 1'1/ - ., ~. ~ " ,s