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HomeMy WebLinkAbout06-4454 "." NATHANIEL S, YOHE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - ~1si CIVIL Defendant CIVIL ACTION-LAW IN DIVORCE SARAH M. YOHE, 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 1\ .,'..... V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - '-14 s<l CIVIL NATHANIEL S. YOHE, Plaintiff Defendant CIVIL ACTION-LAW IN DIVORCE SARAH M. YOHE, DIVORCE COMPLAINT 1. Plaintiff, Nathaniel S. Yohe, is an adult individual presently serving in the U.S. Army and he is frequently deployed in connection therewith. Plaintiff is domiciled with his parents at 135 Southside Drive, Newville, Cumberland County, Pennsylvania, 17241-9536. 2. Defendant, Sarah M. Yohe, is an adult individual who also presently resides with Plaintiff's parents at 135 Souths ide Drive, Newville, Cumberland County, Pennsylvania, 17241-9536. 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. The Plaintiff and Defendant were married on August 15, 1998 in Oakville, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. i\ WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER 11f~~ Michael ~~herer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas\Domestlc\Yohe\dlvorce.comp 1\ NATHANIEL S. YOHE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 2006- CIVIL ACTION-LAW IN DIVORCE CIVIL V. SARAH M. YOHE, VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: August fP2-, 2005 1h!I/i- F',~ "~""', " " "- ,-,', 7'\ ~ - ~ -t> ~ l:). , . (..., - ~ 'cl aq - .,.., w ~ - 0 ~ - , p ~ II NATHANIEL S. YOHE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Defendant NO. 2006 - l..jI.jS1-l CIVIL ACTION-LAW IN DIVORCE CIVIL SARAH M. YOHE, 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 upon you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in December, 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 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 are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. DATE: August rtJ-, 2006 M/i;L Nathaniel S. Yo e \ . \ -, c.:', " ,,";. ( NATHANIEL S. YOHE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006- CIVIL Defendant CIVIL ACTION-LAW IN DIVORCE SARAH M. YOHE, ACCEPTANCE OF SERVICE AND NOW, on this the \Slh day of August, 2006, I, Sarah M. Yohe, Defendant, hereby accept service of the Divorce Complaint, Notice to Defendant/Plaintiffs Affidavit under Section 3301 (d) of the Divorce Code and Counter-Affidavit under Section 3301 (d) in the above-captioned action and acknowledge receipt of a true and attested copy of said Complaint. \ ' ,'. r " I,} I \,) f! I' (,' ::-r<(JvY i~,~"L I) (C..r~~ Sarah M. Yohe J ,",- NATHANIEL S. YOHE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 2006- CIVIL ACTION-LAW IN DIVORCE CIVIL V. SARAH M. YOHE, COUNTER-AFFIDAVIT UNDER' 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b): /' \/ (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both) (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): . /~.~ L (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counter-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. DATE: August IS+\1, 2006 I.,,,! , ,I C\l.,C' :" ,", " .. L I xJ NL~ _ t. G If \ \-.' Sarah M:-l.rohe NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. :,:.-'" NATHANIEL S. YOHE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 4454 CIVIL Defendant CIVIL ACTION-LAW IN DIVORCE SARAH M. YOHE, 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. Code. Ground for divorce: irretrievable breakdown under Section 3301 (d)of the Divorce 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service on August 15, 2006. 3. Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: August 2, 2006. Date of service of the Plaintiff's Affidavit upon the Defendant: August 15, 2006. 4. Related claims pending: None. 5. Indicate date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce Code: Defendant signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree on September 11, 2006. Respectfully submitted, ?rttj/yv Michael A. Scherer, Esquire C') ~~ ~ ~~ ~~~ ~~ ~~~ ~~ ~~~ ~ ~~~ ~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~ ~ IN THE COURT OF COMMON PLEAS ~ ~ OFCUMBERLANDCOUNTY NATHANIEL S. YOHE, PENNA. STATE OF No. 2006 - 4454 CIVIL Plaintiff VERSUS SARAH M. YO HE , Defendant DECREE IN DIVORCE AND NOW, ~~ IT IS ORDERED AND ~.b to, NATHANIEL S. YO HE , PLAINTIFF, DECREED THAT SARAH M. YO HE , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRI MONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; None. ATTEST, ~ J. ~~~. PROTHONOTARY ~~~~~~~~ ~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ _plp~ ~ ~ @)e-(; ~? fr ~ ~;d,Wil.P'9 .;v. je-b ); :"" . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff /' Vs File No. ~;~- ~~~ 5`-i IN DIVORCE Defendant ~1~~, ~~~ NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or X after the entry of a Final Decree in Divorce dated ~ , ~C{ -{)~ hereby elects to resume the prior surname of ~o'r'Z ,and gives this written notice avowing his /her intention pursuant t the provisions of 54 P.S. 704. Date: 3 - I 1-ICJ `~,G-~,~. i1~ Signature ~.-~,,1,~, ~~~~~, ` - Signature of name being esumed ~r'1°bt as aa~ s',~~' COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF (r;,~~,~,-~,wQ ) /D On the / / ~` day of rv(c , 20,@c ,before me, the Prothonotary or the 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 he /she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. ~a~~ Mi ilk Notary Public ~~. ~~. ~~ ~/~ ~~~~3~ 775'