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Home My WebLink About06-2174 . HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-11090 ATTORNEY FOR PLAINTIFF Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA TERRI R. PAYNE, : v. : CIVIL ACTION. LAW : NO. 2006 ..;2.) 7<1 CIVIL TERM TODD W. PAYNE, . . 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717 -249-3166 . Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA TERRI R. PAYNE, v. : CIVIL ACTION. LAW : NO. 2006 ..:l11 i CIVIL TERM TODD W. PAYNE, Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(g OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is TERRI R. PAYNE, an adult individual residing at 445 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania 17266. 2. The defendant is TODD W. PAYNE, an adult individual residing at 2244 Coon Road, Aspers, Adams County, Pennsylvania 17304. 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 13, 2005 in Winchester, Virginia. 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. 6. The plaintiff avers that she 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. April 15, 2006 ~/ (/ -~--X -~l:1~ ~ TERRI R. PAYNE, Plaintiff HAROLD S. IRWIN, II Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA TERRI R. PAYNE, . . v. : CIVIL ACTION. LAW : NO. 2006 . CIVIL TERM TODD W. PAYNE, 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. (~ April 15, 2006 /'/ c" 6- ---i \~. TERRI R. PAYN , laintiff ~~ ?: \'1= ~ \.", - -() c:, _. \J", ~ C> c::; 1>'. vJ ~~ ~. ~ \-\ -, '- c-'; f":: ~_...J ;:. HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA TERRI R. PAYNE, v. : CIVIL ACTION. LAW : NO. 2006 . zot CIVIL TERM TODD W. PAYNE, Defendant : IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR SURNAME Notice is hereby given that the PLAINTIFF in the above matter: ~ prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce, dated , hereby elects to resume the prior surname of TERRI R. HYSER, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. Section 704. c. cp\:? __-.,\ --... , ).C~ Signature ~ --', ( / . '-t=--;J--=:(SEAL) Signature of N me Being Resumed (SEAL) L COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On the 18TH day of April, 2006, before me, a notary public, personally appeared the above affiant, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In witness whereof, I have hereunto set me hand and officia seal. ,._. . NOIAfMl :01;.,0,,-"'.'--', ;,,;K;.....)~[) ~.I.A. W., IN: III, NOTA",. PU';UC,. , ",.:' 80ROUC,H. COUNTY OF cUMclcRLAND :~jrJ!:'~~'li, 'N F<P!QF(:: rV'1 O':!;::h?~ :~Cf:6 ~~~~ ~ f2:.L ~ It. ~~~ ~ __ C><::l . --.J ~ ~\w '?\~ ~ " PI.lntlff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, peNNSYLVANIA TERRI R. PAYNE, . . v. : CIVIL ACTION. LAW : NO. 2008 - 2174 CML TERM TODD W. PAYNE, . . .....nd.nt : IN DIVORCE ACCEPTANCE OF SERVICE I, TODD W. PAYNE, defendant in this divorce action, hereby certify that I received a certified copy of the complaint in divorce on or about April 20, 2006. by U.S. mail. I verify that the statements .made in this acceptance of service 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. April ~, 2006 .~~ TODD W: p~ NE Defendant ---...... 2244 Coon Road Aspers, PA 17304 """" = = .:.:1-' s;; -<.. I .,.- -(J ;:Jl: o -{', ::::\ _:I- -rl r\1'(::;; -;:)0 ._'.1\....,.' :;:,c~ - .;': (;,0;, ,.."..., '~::.\ ~ <.J1 .....l HAROLD" IRWIN. III, ESQUIRE ATTORNEY ID NO. 281120 64 SOUTH PITT 8TR2I!T CARLlSLI! PA 17013 (717) 24M0SO ATTOIUIBY 'OR PLAlNT1PF TERRI R. PAYNE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . Y. : CIVIL ACTION. LAW : NO, 2008 . Z 174- CIVIL TERM TODD W. PAYNE. : Defendant : IN DIVORCE CONSENT TO VENUE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA We, Terri R. Payne, plaintiff, and Todd W. Payne, defendant, do hereby agree that venue in this divorce proceeding shall be in the Court of Common Pleas of Cumberland County, Pennsylvania. This agreement shall be added to the file at the above term and number. April! ('2006 ~.~S? \)- ~_ TERRI R. PAYNE PLAINTIFF April ~, 2006 ---r~/~ ~ TODD W. PA NE - DEFENDANT ~ c~ <:P - ".4-'~ :::-',. \ ~ '(~'~ :.C:4 ...(. o ~'\'\ :;:I ~~;~ '-n\"'\"; .:}~~~, . ,--,", '. -'I \ .;;::'; 'o,-n -.-\ ~1" ~ --. -:3; - .' <.1' -> .' Plaintiff : IN THE COURT OF CO.MON PL1!A8 OF : CU..IERLAND COUNTY, PIENNSYLVANIA TERRI R. PAYNE, v. : CML ACTION - LAW : NO. 2_ - 217. CML TIER. TODD W. PAYNE, . . Defendant : IN DIVORCE AFFDAVIT OF COIIS.NT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about April 18, 2006. Defendant accepted service of the complaint on April 28, 2006 (see acceptance of service filed on May 4, 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. ~ ~ C\dy Z-I ,2006 . ~ ~PAYNEi_. , ~ l4 TERRIR.HYSER WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECRE. UNDER SECTION 3301fc) OF". 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. ~~1 ,2006 _J (''oJ ...-c-' ....) .~ tl: t'_J (..,) TERRI R. PAYNE, Plaintiff : IN THE COURT OF COMIION PLEAS OF : CUM.ERLAND COUNTY, PENNSYLVANIA . . v. : CIVIL ACTION. LAW : NO. 2008 - 2174 CIVIL TERM TODD W. PAYNE, D.........nt : IN DIVORCE AFFDAVlT OF CO....NT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about April 18, 2006. Defendant accepted service of the complaint on April 28, 2006 (see acceptance of service filed on May 4, 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. '7-&1 ,2006 - o&rrQ.. l. ') ~ L TO W. PAYNE WAIVIIR OF NOTIC. OF INTENTION TO REQUEST I!NTRY OF A DIVORC. DECRIlE UNDER SECTION 3301fc) OF THE DIVORC. 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 verny 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 unswom falsnication to authorities. 7-<91 ,2006 '" / n-}:Q . u~-... TODDW. PAYNE (") ,- ~~ b'" ,- .-\ -,,- , (~ -<1 - ~.J', HAROLD .. IRWIN, III, IlIQUIIU! ATTOIINI!Y ID NO. 211820 64 Hunt PITT STlU!I!T CAlUJILI! PA 17013 (717) 243.- ATTOIUII!Y POll DI!PI!NDANT Plaintiff I IN THB COURT OF COMIION PL1!A8 OF : CUMBBRLAND COUNTY, PBNNSYLVANIA TERRI R. PAYNE, : v. : CML ACTION. LAW : NO. 2008 - 2174 CIVIL TERM TODD W. PAYNE, : D.....d.nt : IN DIVORCB 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 about April 20, 2006, defendant was served with a copy of the divorce complaint by U.S. Mail (see Acceptance 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: July 21, 2006 By the defendant: July 21 , 2006 (b)(l) 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 plaintiff's Waiver of Notice in Section 3301 (c) divorce was filed with the Prothonotary: July 21, 2006 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: July 21, 2006 July 21, 2006 HAROLD S. IRWIN, III Attorney for Plaintiff -, .~ {(-I ,. .., .~,~ - \', (-. .~ C',' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. TERRI R. PAYNE Plaintiff No. 2006-2174 CIVIL TERM VERSUS TODD W. PAYNE Defendartt . DECREE IN DIVORCE AND NOW, ~ ? 2.006. IT IS ORDERED AND DECREED THAT TERRI R. PAYNE (now TERI R. HYSER) ,PLAINTIFF, AND TODD W. PAYNE . , 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 J. . RY I .~ ~ /'p.,:,~ ~ ~'L-~ ~ ~?~ ~-~ ~'L.-p Jessica S. Hosenpud, Esq. Attorney I.D. No. 307656 Lavery Faherty Patterson 225 Market Street, Suite 304 P. 0. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax.: 717-233-7003 E-mail: josenpud@laverylaw.corn Attorneys for Plaintiff STELLA MOLINARES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06-2147 CIVIL TERM ALVARO MOLINARES, Defendant : IN DIVORCE vs. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearances of Jessica Sydney Hosenpud, Esquire, as attorney for Plaintiff, Stella Molinares, in the above -captioned action. Respectfully submitted, Date: May 15, 2014 By: LAVERY FAHERTY PATTERSON Jes. Hos- pug 1Vquire 56 Market Street, Suite - 04 P. O. Box 1245 Harrisburg, PA 17108-1245 Phone: (717) 233-6633 Facsimile: (717) 233-7 Attorneys for Plaintiff, Stella Molinares CERTIFICATE OF SERVICE I, Amyra W. Wagner, with the law firm of Lavery Faherty Patterson, do hereby certify that on this 15th day of May, 2014, I served a true and correct copy of the foregoing Entry of Appearance, via U.S. First Class mail, postage prepaid, addressed as follows: Diane S. Baker, Esquire 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 40/ Amyra 4 e egal assistant to Jessie► . ' o squire