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HomeMy WebLinkAbout02-0955IN THE COURT OF CO~4O~ PLF~S OF CU~BE~ CO~_~___~ PENNSYLVANIA FAMILY DIVISION RiCHARD WESLEY PAYNE JR. 1098 COCKLIN STREET MECH~NICSBURG, PA 17055 SS# 100-34-4468 Plaintiff VICTORIA PEARL HINES 138~ESLEY DRIVE MECHANICSBURG, PA 17055 SS# 005-96-4127 Defendant NOTICE TO DE-F-~-~- 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 Di- vorce 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 Plaintiff. You m~y lose money, property or other rights 4-~.ortant to you, including the right to demand marriage counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, M~/~ITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE ~ FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTEP~, YOU M~Y LOSE THE RIGHT TO CLAIM ANY OF YOU SHOULD TAKE THIS pAPERTO yOUR L~W~R AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR THLEPHONE: Ct~erland County Bar Association Lawyer Referral Serv- At 2 Liberty Ave Carisle PA 17013 (717) 249-3166 COUNSELING NOTICE UNDER Pa.R.C.P. RULE 1920. 45 (a) * (1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301(a)(6) Indignities Section 3301 (c) irretrievable Breakdown Mutual Consent Section 3301(d) Irretrievable Breakdown Two-Year Separation where the court de- termines that there is a reasonable prospect of recon- ciliation. A list of qualified professionals is available for inspec- tion in the: FAMILY DIVISION Administrative Court Carlisle, Pennsylvania IN T~E COURT OF C~0N PLEAS OF ~ COm~Y~ PENNSYLVANIA FAMILY DIVISION RiC~ARDWESLEY PAYNE JR. SS#100-34-4468 Plaintiff vs. VICTORIS PEARL HINES SS#005-96-4127 Defendant DIVORCE CO~PL~INT UNDER SECTION 3301(C) OF THE DIVOP~E CODE 1. Plaintiff is RICHARD WESLEY PAYNE JR. who c~vrently resides at 1098 Cocklin Street, Mechanicsburg, Pennsylvania 17055, at least since November 11, 2001. 2. Defendant is VICTORIA PEARL HINES, who currently re- sides at 138 Wesley Drive, Mechanicsburg, Pennsylvania 17055 at least since September 2, 2000. 3. RiCHARD WESLEY PAYNE JR. has been a bona fide resi- dent in the Co~onwealth for at least six months i"~diately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on Sept-~m- bet 2, 2000, at H~ .... ~lstown, pennsylvania, County of Dau- phin. 5. Neither plaintiff nor defendant is in the militar~ or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its a~n-~ents- 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 7. The plaintiff is aware of the availability of coun- seling and of the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. An original coif of the ~a=riage certificate is at- tached. 10. After ninety (90) days have elapsed from the 4ate ~f this Co"-~-iaint, plaintiff intends to file an of filing v ' ~o a ~Avorce Plaintiff believes that affidavit consenting ~ - ' defendant will also file such an affidavit. ~.~EFORE, if both parties file affidavits consen.t.ing to a divorce after nxnety (90) days have el.ap, sed from ~e_,,__ date of the filing of this Complaint, plaxntxff res~ec~uAA2 requests the Court to enter a decree of divorce pursuit to / §3301 (c) of the Divorce Code- ~ ~~ Date: Februar~ 26, 2002 IN THE COURT OF C(H~40N pLEAS OF CUMBERLAND COUNTY_~ PENNSYLVANIA FAMT~ LY DIVISION RICHARD WESLEY PAYNE JR. SS# 100-34-4468 Plaintiff ViCTORIA PEARLHINES SS# 005-96-4127 Defendant NC. VERIFICATION I verify that the stat~nents made in this complaint are true and correct to the best of m~ knowledge, information and belief. I understand that false stat~ments made herein are s"~ject to the ~nalties of 18 PA. C.S., Subsection 4094, relating to unsworn falsification to authorities. laintiff / DATE: Februar~ 26, 2002 CERTIFICATION OF EXCERPTS FROM MARRIAGE LICENSE RECORD STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND I,MARY C. LEWIS , CT,RRK OF ORPHAIqS' COURT in and for said county, hereby do certity that the records in this office, as contained in Marriage License Docket, vol._200q page 73q, show that was issued on Marriage License No. 730 August 18, 2000 to that the Return to and ~ said License shows that said Persons were married on September 02, 2000 · by MICHAEL J SCALZ at HUMMELSTOWN REVEREND stated his date of birth PAYNE RICHARD WESLEY JR was _~st 23, 1944 his birthplace NEW YORK CITY NEW YORK and the names of his parents RICHARD W PAYNE SR LYNN J PAYNE stated her date of birth and HINES VICTORIA PEARL was ___~_~ust 22, 1939 her birthplace PITTSFIELD ME and the names of her parents JAMES D TWEEDIE IMOGENE R TWEEDIE IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said court this _15th day of February ~ A.D., 200~ ~RK OF ORPHANS' COURT IN THE COURT OF COMMON PLEAS OF CUMBE~ COUNTY~ PENNSYLVANIA FAMILY DIVISION RICHARD WEST.~-Y PAYNE JR. : SS# 100-34-4468 : Plaintiff : : : vs. : NO. 02/955 : : : DIVORCE : SS# 005-36-4127 : Defendant : VICTORIA PEARL HINES AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 26, 2002. 2. The marriage of Plaintiff and Defendant is irre- trievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a Final DeCree of Divorce. 4. I understand that I may lose rights concerning ali- mony, 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 made are subject to the penalties of 18 PA C.S. Sec 4904 re- lating to unsworn falsification to authorities. SWORN TO AND SUBSCRIBED OFJ-U~3 ~ , DEBORAH B. E~KERD, Notary Pub#c t,k~dm~s~rg Boro, ~umbedand Co. My Commmion Expir~ Oct le, aoo9 IN THE COURT OF CO~4ON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA FAMILY DIVISION RICHARD WESTJ~Y PAYNE JR. SS# 100-34-4468 Plaintiff vs. VICTORIA PEARL HINES SS# 005-36-4127 Defendant No.02-955 DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 26, 2002. 2. The marriage of Plaintiff and Defendant is irre- trievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 4. I understand that I may lose rights concerning ali- mony, 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 made are subject to the penalties of 18 PA C.S. Sec 4904 re- lating to unsworn falsification to authorities. Dated: ~/~ swom~ ~o A~o SUSSC~.D OF~U~ , ~ IN THE COURT OF CO~4ON PLEAS OF CUMBERLAND COUNTY f PENNSYLVANIA FAMILY DIVISION RICHARD WESLEY PAYNE JR. SS# 100-34-4468 Plaintiff VICTORIA PEARL HINES SS# 005-36-4127 Defendant No.02!-955 AFFIDAVIT AS TO SIGNATURE I, RICHARD WESLEY PAYNE JR., being duly sworn according to law, deposes and says that he is the Plaintiff in the ~hove-captioned divorce; that he is familiar with the signa- ture of the Defendant; and that the signature on the return receipt attached hereto as Exhibit ~A" is the signature of the Defendant. ~ Plaintiff IN WITNESS THEREOF, I have hereunto set my hand and seal. Dated: ~/~/~ NOTARY PUBLIC OEBO~AH B. ECKERD, Notary Public Madmdcslmrg Boro, Gumberland~. IN THE COURT OF CO~4ON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA FAMILY DIVISION RICHARD WESLEY PAYNE JR. : SS# 100-34-4468 : Plaintiff : : : NO. 02-955 VS. : : VICTORIA PEARL HINES : : SS# 005-36-4127 : Defendant : AFFIDAVIT OF NOTICE I, RICHARD WESLEY PAYNE JR., being duly sworn according to law, deposes and says that RICHARD WESLEY PAYNE JR. is the Plaintiff in the above captioned matter, that the Plain- tiff has sent copies of the Complaint, properly endorsed, in Divoroe to VICTORIA PEARL HINES of MECHANICSBURG, Pennsylva- nia 17055. by registered mail, postage prepaid, return re- ceipt requested to 138 WESLEY DRIVE, MECHANICSBURG, Pennsyl- vania 17055, the Defendant's last know, Ss. ~ SWORN and SUBSCRIBED to before me this ~Z~-day Notary Public J'NOTARIAL 8F. AL' Ill. RAH B. EC~-~D, Notary Public Mechanicsburg Boro, Cumberland Co. My Commission Expires Oct. 18, 3[X)3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION RICHARD WESLEY PAYNE JR : SS# 100-34-4468 : Plaintiff : : : VS. : : : VICTORIA PEARL HINES : SS# 005-36-4127 : Defendant : No.02-955 DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) 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 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. § 4904 relating to unsworn falsification to authorities. ( P_P__LA~ {DEFE~ANT) Notarial Seal Katrina E. Stmka, Notary Public Deny Twp., Dauphin (5ounty Comr6leslon Sxplree Mar. 28, 2005 SWORN TO AND SUBSCRIRED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION RICHARD WESLEY PAYNE JR : SS# 100-34-4468 : Plaintiff : : : vs. : : : VICTORIA PEARL HINES : SS# 005-36-4127 : Defendant : No.02-955 DIVORCE WAI~R OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) 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 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. § 4904 relating to unswom falsification to authorities. Dat~ ~o~ ~ I-- 'Notarial Sea Katrina E. Stroka, Notary Public Derry Twp., Dauphin County My Commission Expires Mar. 28, 2005 SWORN TO AND SUBSCRIBED VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 0~' q~ CIVIL TERM 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) (Strike out inapplicable section). 2. Date and manner of service of the complaint: ~-£~ ~ 7, Z O0 ~ Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: byplaintiff~. ~t ~O~:~P-'' ; by defendant''''~' ~t 2o¢)'Z. (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: 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: ~-~0~ ~, ~.~c~Z. l~.~.'~::~.CJ,. (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: -~o~ ~. I, ZOO) 7-, Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: .~o~E. 2.1:2.0~_3 t.4~,~, ~ Attorney for Pla~tiff /D~endan~ IN The COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. No. o~. · ~$U$ DECREE IN DIVORCE AND NOW, ~_~ / , ~g~d~, IT IS ORDERED AND DECREED THAT ,~ ~ ~ ~-~/~ ~ ~.. , PLAINTIFF, AND ~,C.T.~.,~) ~"~4~*~.. ~'~ ,t~.?.~ , 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; BY THE COURT: PROTHONOTARY