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HomeMy WebLinkAbout06-0474 .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SCHREINER, JR. Plaintiff * NO. O~ - .If"ltj Ciu;L ~'"1 * v. * * CIVIL ACTION - LAW IN DIVORCE * JODI L. SCHREINER, Defendant * * * NOTICE TO 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 MAYBE 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 COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3t66 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIl.J.-L 't~ JOHN R. SCHREINER, JR. Plaintiff * NO. ()/..:. - /..17r v. * * * CIVIL ACTION - LAW IN DIVORCE JODI L. SCHREINER, Defendant * * * * COMPLAINT COUNT I - DIVORCE UNDER &3301(c) or &3301(d) OF THE DIVORCE CODE I. The Plaintiff is John R. Schreiner, Jr., who currently resides at 4173 Grouse Court, Apartment #117, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant is Jodi 1. Schreiner, who currently resides at 6961 Wertzville Road, Apartment #3, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 8, 1988 in Middletown, Pennsylvania. 5. The parties are the parents of three (3) minor children: John R. Schreiner, born October 14, 1988, Stephanie 1. Schreiner, born on July I, 1993 and Anthony F. Schreiner, born on September 9,1996. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. The parties have not entered into a written agreement as to alimony, counsel fees, costs, or property division. , 9. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 10. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) S3301(c). The marriage of the parties is irretrievably broken; and (B) S330 I (d). The marriage ofthe parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. II. Plaintiffrequests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, p,c. Dated: ! - 'If)-{) (,. Timothy J. 0 s 130 West hurch Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 LD. # 77944 . VERIFICA TION I, John R. Schreiner, Jr., verifY that the statements made in this Complaint 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. CS. '4904, relating to unsworn falsification to authorities. ~q~ UX L-:- ' <6if SCJ'~ . ., JR n / #tJ 16?oc{/ Date: Plaintiff ~ P D _ \I:\? lI'\ "";; ~ C> ...... ~-V ~ -- r- -2 :t:> 5- "-_:"< :::1 ,---- ;;! . .) , " ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SCHREINER, JR. Plaintiff * * NO. 0&.-47"1 ettJ~LT~ * v. * * * CIVIL ACTION - LAW IN DIVORCE JODI L. SCHREINER, Defendant * * 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 (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE I. The parties to this action separated in 2003, 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! 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. Section 4904 relating to unsworn falsification to authorities'd. ' ~, . ,. ~~.. /J . / / / Dated: / jiJO /dmtJ '// _:[ f" . HN R. SCHRE . , JR. Plaintiff -" ..-j ............, ,. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SCHREINER, JR. Plaintiff * * NO. 06-474 CIVIL TERM v. * * CIVIL ACTION - LAW IN DIVORCE * JODI L. SCHREINER, Defendant * * AFFIDAVIT OF SERVICE I, Jeanette L. Roberts, being duly sworn, deposes and says that she is an adult and that she served the within Divorce Complaint, Plaintiff's Affidavit Under Section 3301 (d) ofthe Divorce Code and Defendant's Counter-Affidavit Under Section 330 I (d) ofthe Divorce Code on the Defendant, at the Defendant's last known address as follows: 696] Wertzville Road, Apartment #3, Enola, PA 17025 by certified mail, restricted delivery, return receipt requested on the 27th day of January, 2006. The Certified Mail Receipt and PS Form 38111 is attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. Date: February 17,2006 WILEY, LENOX, COLGAN & MARZZACCO, P.C. B COMMONWEALTH OF PENNSYLVANIA I Cj( t- : SS COUNTY OF On this, the] 7th day of February, 2006, before me, a notary public, personally appeared Jeanette L. Roberts known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. ~ Notarial Seal Timothy ,J. CoIg81l, Notary PUblic Dil!sburg SOlO 'lark, County My Commission Expires Oct 3, 2006 Member. Permsyl-:m~ia I\ssociation Of Notaries SENDER COMPLETE THIS SECTION . Complete Items 1, 2, and 3. Also complete ~em 4 W 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 mailpiece. or on the front W space pam1its. 1. Article Addressed to: JOeli L. S c:.hrc.in.U' loqLo I 'Ne.ri-OJ;IIc.. 170 ~6-r h7'~ #- 3 fnb/c.. 1=>A (lO;l.5 , 2. Article Number (TIansIw from _Isbe/) PS FOm1 3811, February 2004 . . . A. Signature DAgen! d...... x ~ R~~ved (~nted N~me) ~ cd, L h.~ .:;o,ce, Vle.--r D. Is delivery address dfffenmt from )tern 11 If YES. enter delivery address below: 3. g,rvlce Type ~od Msll D ExpnlSs Msll o Registered 0 Retum Receipt for Merchandise D Insured Mall D C.O.D. 4. R_clod Dallvery? (Extra Fee) 7004 0750 0003 6359 2313 DomestIc Return Receipt 102595-02-M-154D EXHIBIT "A" r-" r_:'::;:l ";:-,:J t;:'-" -."' c."-', GO 1',) c,: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA JOHN R. SCHREINER, JR. Plaintiff * NO. 06-474 CIVIL TERM v. * * * CIVIL ACTION - LAW IN DIVORCE JODI L. SCHREINER, Defendant * * * * 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. Grounds for Divorce: Irretrievable breakdown under Section 3301(d). 2. Date and manner of service of the Complaint: The Defendant Sil!ned for the Complaint on Februarv 9. 2006. an Affidavit of Service evidencinl! same was filed with this Honorable Court on Februarv 21, 2006. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: _; By Defendant:--, (b) (I) Date of execution of the Affidavit required by Section 330 I (d) of the Divorce Code: Januarv 20, 2006 (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: Filinl! Date: Januarv 24. 2006; Service Upon Defendant: Januarv 27. 2006 - an Affidavit of Service was filed with this Honorable Court on Februarv 21, 2006. 4. Related claims pending: There are no related claims pendinl! with this Honorable Court. 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 as Exhibit "A": March 1. 2006, U.S. Mail. Posta2e Prepaid. General Deliverv. (b) Date Plaintiffs Waiver of Notice in Section DOI(c) Divorce wasfiledwith the Prothonotary: --....i. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary:--: Date: S' J:)-{J/.. f> By: Ti~~~re Supreme Court J.D. #77944 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 (Attorney for Plaintiff) EXHIBIT" A" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SCHREINER, JR. Plaintiff * NO. 06-474 CIVIL TERM * * v. * CIVIL ACTION - LAW IN DIVORCE * JODI L. SCHREINER, Defendant * * * NOTICE OF INTENT TO REQUEST ENTRY OF ~3301(d) DIVORCE DECREE TO: Jodi L. Schreiber 6961 Wertzville Road Apartment #3 Enola, P A 17025 You have been sued in an action t'Or divorce. You have failed to answer the complaint or file a counter-affidavit to the S3301(d) affidavit. Therefore, on or after March 21, 2006, 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE STE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORM A nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NOT FEE. DUPHIN COUNTY LAWYER REFERRAL SERVICE 213 NORTH FRONT STREET HARRISBURG, PA 17]01 (717)232-7526 () C'.. --" ~'~j .-{ -T. ::; N r"..j (...... c:;; . .. . . . . . . . . . . . . . . . . . . . . . . . . . :f. + :+ '+':4; :+:+:+ Of "" "',f "" :+ ~ ~:+:+ :+~:+:+ :+:+~ :+:+:+:++.:+ +:+:+:++++++ :+++ +++++++++~ . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF JOHN R. SCHREINER, JR., No. Plaintiff VERSUS . . . . JODI L SCHREINER, . . . . . . . . . . . . . . . . . + + + + + + . + + + + + + + + + + . + + + + + + + . + + Defendant DECREE IN DIVORCE '). '\ ~ ~I).>t~ AND NOW, DECREED THAT JOHN R. SCHREINER. JR AND JODI L. SCHREINER ARE DIVORCED FROM THE BONDS OF MATRIMONY. PENNA. Oi:> ~-474 CIVIL TERM , l()(Jfp, IT IS ORDERED AND , PLAINTIFF, , 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; + + . . + . + . . + + + . . + + + . + + . + + By THE COURT: + + + + + + . + + :+++++:++:++:+'f+++++ PROTHONOTARY . +:+.,. :+:++ ++++++ +++++++++:++++++++++++++++++ ++++++++++ . + . + . + . + . + . . + . + + + + + + + + . . . + . + . . + . . . . . . . . . . + + + + + . . + + + . . . + . . . . . . + . + . . . J. + . . . . . . . + . . + . -;hv~ ,';7 J:Pi:jJ"?7Y1f ;'}'~r X qo I r . C "'~ -f? .~, f!f/"7W ~7- /v J{,J. ! f' F " \. ~. .