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HomeMy WebLinkAbout06-1593 J ~ HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 84 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF ZACHARY J. IRWIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2006 - ~CIVIL TERM . . ANGILA M. IRWIN, Defendant : IN DIVORCE NOTICE 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 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 15 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 ~ J ZACHARY.J. IRWIN, Plaintiff = IN THE COURT OF COMMON PLEAS OF = CUMBERLAND COUNTY, PENNSYLVANIA v. = CIVIL ACTION. LAW = NO. 2006 ./6' 'lj CIVIL TERM ANGILA M. IRWIN, Defendant = IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301~ 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 ZACHARY J. IRWIN, an adult individual in the U.S. Army and now living at Ft. Bragg, North Carolina, but whose permanent residence address is 606 Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is ANGILA M. IRWIN. an adult individual now residing at 213 Slagle Place, Ft. Bragg, North Carolina 28307, but whose permanent residence address is in Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties' permanent residence has been in the Commonwealth of Pennsylvania for at least six months prior to the filing of this action in divorce, though they are have been living temporarily in North Carolina due to the plaintiff's military service. 4. The parties were married on July 12, 2003 in Carlisle, Cumberland County, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301 (c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. J 6. The plaintiff avers that he has been advised of the availability of counseling and that he 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 two parties. I verify that the facts contained herein 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. March 20, 2006 HAROLD S. IRWIN, 111 Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 4 ZACHARY.J. IRWIN, PlaIntIff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : CIVIL ACTION. LAW : NO. 2006 - CIVIL TERM ANGILA M. IRWIN, . . Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. 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. March 20, 2006 ~.~ 6.CHARY . R IN, Plaintiff ~R ~ ~. ~ ~~ v --- ...j u-:\ --.\ ~ - ~ 9 '-' C' ....., C~ C:? Co...... . <~ ,-~ :'::'J'O A) N C) '"'V ::.;: o -n ~~ rll~ r -.;,r~l :-,)0 (-~(~) <:~~: ,,) - , :€5 -< N o (...~ .~ ( ZACHARY .J. IRWIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2006 - 1593 CIVIL TERM ANGILA M. IRWIN, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 C!ill!llil 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 March 17, 2006, by certified mail addressed to the defendant at 621 Todd Court, Lewisberry, PA 17339, certified mail No. 7005 1820000246191828, 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 p nalties of 18 Pa, C. S. Section 4904, relating to unsworn falsification to authorities. Harold S. Irwin, III Attorney for plaint! March 27, 2006 64 South Pitt Street Carlisle, PA 17013 717 -243-6090 Supreme Court 10 No. 29920 ~ ( U1 rn <0 .... IT' .... ..ll ~ U.S. Postal Service", CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) "3 -.2..0 _Po,tag. $ ru 0 <"~ Certified Fee ~O 0 Postmark 0 Return Receipt Fee (Endorsement Required) 1.~5 Here 0 Restricted Delivery Fee ru 3.!!>t; <0 (Endorsement Required) .... Total Postage & Fees $ U1 0 0 "- SENDER: COf.1PLE TE THIS SECTION :OMPLEr[ THIS "fC nUN llr" Uti nEf?Y . 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. A. Sig~ure X " ( ~'ut~. D, Agent d Addressee y (Printed Name) 1. Article Addressed to: D. Is de1lvet)' address different from item 1? 0 Yes If YES, enter delivelY address below: ~ No ~\."Tr;IT.JA ,~~ I :t~"iJI~'1 213 :3LAGLE ?TJ ?T 8~~GG ~c 23307 3. Service Type .::s...certified Mail o Registered o Insured Mail o Express Mail D Return Receipt for Merchandise DC,D.O. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number rr rans/er from service label) PS Form 3811 , February 2004 7005 1820 0002 4619 1835 Domestic Return Receipt 102595-02-M-1540 EXHIBIT "A" ::<,.,. r" ~t:J ;--:n ;&0 c <: =<! ,--') c' <.. (; ^-, <:::::) ::) o " c r'.) ~ ji; ZACHARY d. IRWIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2006 - 1593 CIVIL TERM ANGILA M. IRWIN, Defendant : IN DIVORCE AMENDED AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 <mttlID 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 March 22, 2006, by certified mail addressed to the defendant at 213 Slagle Place, Ft. Bragg, NC 28307, certified mail No. 7005 182000024619 1835. 3. A copy of the sender's and return receipts are attached hereto (the originals were attached to the original affidavit of service, filed March 27, 2006, which contained an error in the date and place of the service.) 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 authOritii"-i June 12, 2006 [)<]...... Harold S. Irwin, III Attorney for plainti 64 South Pitt Street Carlisle, PA 17013 717 -243-6090 Supreme Court 10 No. 29920 r--. , = C:-.' c-" o I' -l [4, :IJ I ~'-Tl -]5t;; .,~ r:=:. '; ,. 2~~ r:.~ ::.0 -< C- s:; .....~ N -0 :::--~ -.J ZACHARY J. IRWIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2006 -1593 CIVIL TERM ANGILA M. IRWIN, Defendant : IN DIVORCE AFFDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about March 20,2006. Service of the complaint was made by certified mail, return receipt requested, restricted delivery, on March 22, 2006 (see affidavit of service filed on June 12, 2006). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. December 1K-, 2006 .~_%~ ~CHARY J.I ~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 fc) 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 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 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. December ~,2006 ~ ~ #:/::/ ~C;~ , '::J ZACHARY .I. IRWIN, Plaintiff = IN THE COURT OF COMMON PLEAS OF = CUMBERLAND COUNTY, PENNSYLVANIA . . Y. = CIVIL ACTION - LAW = NO. 2008 - 1593 CIVIL TERM ANGILA M. IRWIN, Defendant = IN DIVORCE AFFDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about March 20, 2006. Service of the complaint was made by certified mail, return receipt requested, restricted delivery, on March 22, 2006 (see affidavit of service filed on June 12, 2006). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. December /'0, 2006 ~~L)j ~WJ;~ ANGILA . IRWIN WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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 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. '''I December ) D , 2006 >i~/I. Uu-J'~ ANGILA M. RWIN HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 84 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF ZACHARY J. IRWIN, Plaintiff : IN THI! COURT OF COMMON PLI!AS OF : CUMBERLAND COUNTY, PI!NNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2006 -1593 CIVIL TI!RM ANGILA M. IRWIN, 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: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: On or March 22, 2006 defendant was served with a copy of the divorce complaint by U.S. Certified Mail (see Affidavit of Service previously filed). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: December 18, 2006 By the defendant: December 18, 2006 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None 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: N/A. (b) Date plaintiffs Waiver of Notice in Section 3301 (c) divorce was filed with the Prothonotary: December 18, 2006 Date defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: December 18,1200 / / HAROL . IRWIN, III Attorney for Plaintiff December 18, 2006 ,?,,---.^j: .~ ;f. ;f. ;f. ;f. ;f. ;f. ;f. ;f. '" ;f.;f.;f.;f.;f.;f. ;f. ;f. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. 7.Ar.HARV .r. TRWTN No. 2006-1593 CIVIL TERM Plaintiff VERSUS ANGILA M. IRWIN Defendant DECREE IN DIVORCE AND NOW, Qe.c.. e, m '0 e,( \~ , 100~, IT IS ORDERED AND DECREED THAT ZACHARY J. IRWIN , PLAI NTI FF, AND ANGTI,A M TRWTN , 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 By THE COURT: ATTE~. --L ~ Y <{J~ PROTHONOTARY ;f.;f.;f. ;f.;f.;f.;f. ;f. ;f. !f ;f. ;f. !f;f. ;f. if. !f !f!f !f !f!f!f;f.!f!f!f!f!f!f!f!f!f!f!f !f !f !f !f !f !f !f !f !f !f !f !f ;f. ;f. ;f. !f !f !f ;f. !f !f ;f. !f !f !f !f !f !f !f !f !f !f ;f. !f !f J. !f !f !f !f !f !f ;f. !f ;f. ",T. _ *' 1 ~ '7/1, 1rJ' Ie-a ~ 1I;.J ' ,:IIP?rv 1(/- tC- r:1 tf? '\ 'II \......,~~ ~ ~ .. ~ ,~" .,. ...'