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HomeMy WebLinkAbout02-2091IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA Shane ~.Weaver, Stacy L. Weaver, Plaintiff Defendant Cumberland County Civil Action - Law : . : No. Og,. ~ ,~Og [ : : : In Divorce a v.m. NOTICE TO DEFEND AND CLAIM RIGHT,q 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 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 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 First Floor, Franklin County Court House, 157 Lincoln Way East, Chambersburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAVVYER'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. Pennsylvania Bar Association Lawyer Referral Service Telephone: 1-800-692-7375 (PA ONLY) or 717-238-6715 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA Cumberland County Shane M. Weaver, : Civil Action - Law Plaintiff : : v. : No. : Stacy L. Weaver, : Defendant : In Divorce a v.m. COMPLAINT UNDER SECTION 3301 (d) OF THE DIVORCE COD.~ NOW comes the Plaintiff and for cause of action against the Defendant says: Plaintiff is Shane M. Weaver, who currently resides in Hampton Township, Cumberland County, Pennsylvania with a mailing address of 315 Turnpike Road, Newburg, Pennsylvania 17240, since June 2000. o Defendant is Stacy L. Weaver, who currently resides in Florence County, South Carolina with a mailing address of 644 East Blackcreek Road, Florence, South Carolina 29506, since approximately 1999. o Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this complaint. The Plaintiff and Defendant were married on December 12, 1992, at Chambersburg, Franklin County, Pennsylvania. There have been no prior actions of divorce or for annulment of marriage between the parties in this or in any other jurisdiction. The marriage is irretrievably broken and the parties have lived separate and apart for a period of at least two years. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff 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. Jtt arbara B. Tow~)~end orney for Pl~ntiff I hereby verify that thc facts set foflh in the foregoing instrument are tree and correct to the best of my knowledge, information and belief~ and that I make this ver/ficat/on subjcct to the penalties of 18 Pa.C.$. 4904 rdatinl to unswom falsiflcat/on to Author/ty, as authorized by the Judicial Code and Pennsylvania Rul~ of Civil Procedure. Date: IN THE COURT OF CONMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY ShaneM. Weaver, Vo Stacy L. Weaver, : Civil Action - Law Plaintiff : : : - : : Defendant : In Divorce a v.rn. 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 not later than March 1997 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 understand 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. Plaintiff IN THE COURT OF CONt4ON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA Cumberland County Shane H. Weaver, Vo Stacy L. Weaver, Plaintiff Defendant Civil Action - Law : : : No. 02-209 I : : : In Divorce a v.m. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA : : SS COUNTY OF FRANKLIN : Barbara B. Townsend, Esquire, being duly sworn according to law, deposes and says that she sent a true and correct copy of the Complaint in Divorce and Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code to Stacy L. Weaver, at her last known address of 644 East Blackcreek Road, Florence, SC 29506, by certified mail, restricted delivery, addressee only, No. 7099 3400 0017 6228 203 I, receipt attached hereto, postage prepaid on May 3, 2002, from the United States Post Office at Chambersburg, Pennsylvania. Barbara B. Tow~end Notary Public Notarial Seal Renee D. Breneman, Notary Public Chambersburg Boro, Frank in County My Commission E~!r_e_s Jur~e 9, 2003 · 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 mailpiece, or on the front if space permits. 1. Artk ~,ddressed to: B. Date of Delivery [] ~4drees~ address different from item 17 r-t yes If YES, enter delivery address below: [] No ail [] Express Mail [] Return Receipt for Merchandise ail [] C.O.D. v~* - 4. ~estricted Delivery? (Extra Fee) ~V~es 2. Article Nuff. tber (Copy from service label.) b ~ ~ Oo~estic Return Receipt PS F , 102595-00-M-0952 ] / Postage & Fees Pa /usPs [Permit No. G-10 · Sender: Please pr~int your name, address, and ZIP+4 in this box ° i Certified Mail provides: · A rnailing receipt · A unique identifier for your mailpiece 'm A signature upon delivery · A record of delivery kept by the postal Service for two years important Reminders: First-Class Mail or priority Mail · Certified Mail may ONLY be combined with · Certified Mail is not available for any class of international mail. ERAGE iS pROViDED with Certified Mail. For · NO INSUR~'N_C~E~oCnOsi~er insured or Registered Mail. a Return Receipt rna be requested toprovide proof of corn lete and attach a Return · For an additional fee~nrn Receipt serv,ce, P~/e.a.s_e~,;~P~le oostage to coyer th_e. de ivery. ~f._o~o~bta~ Rq~e:[-~ to the articI~ and aa~c,~=f~(~ r~K~e vea fe~ walV_..er]~ Rece pt (Pb roru., ~.¢ ~'Return Reoelpt HeqU,~_~,,;.ur Certified Ma race[p, ,~ faeduplicate return receipt, ~ ~_S, ricted to the addressee or requ,red. :%:*'-na~ fee deliveW ~ay.~be~,~rr~S~r mark the rnailpiece with the · Fo, r. a~n~eaed,~'u~horized agent.. AdV,,~se ~ne ~,~ ·. . ' · red lease present the arti: ..... the Certff,ed Mad rgce,p~t~ is~ d~eoSsltrnar~ on the C(~,rtified Mall · if a post~m~e,.r~,~"office for postmarking -'¢.~ v~ith oostage and rnau. I cie at tpe ~'Y~-'~ded detach and amX [~1 ~ '' "" 0" innair~ ! receipt ~s no~-~ , · - -~ --eseMit when maem~ o- - -, ~ IMPORTANT: Save this rece~p~ a.u ~, 102595-99-M-2087 I PS Form 3800 February 2000 (F~everse) IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA Cumberland County Shane M. Weaver, Stacy L. Weaver, Plaintiff Defendant Civil Action - Law No. 02-2091 In Divorce a v.m. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA : : SS COUNTY OF FRANKLIN : Barbara B. Townsend, Esquire, being duly sworn according to law, deposes and says that she served a copy of the Notice of Intention to Request Entry of Divorce Decree upon the Defendant by mailing the same to Stacy L Weaver at her last known address of 644 East Blackcreek Road, Florence, South Carolina 29506, by regular mail on June 10, 2002, from the United States Post Office in Chambersburg, Pennsylvania. //× B~arbara B. ToTw~'send . Sworn an,d, subscribedJc~q before me ~. Notary Public Notarial Seal Renee D. Breneman, Notary Public Chambersb~urg Bom, Franklin County l~Jy Cc.T~mis.,ion Expires June 9, 2003 IN THE COURT OF COI~MON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA Shane M. Weaver, VD Stacy L Weaver, CumberUand Coun~'y : Civil Action - Law Plaintiff : : : No. 02-209 I : : Defendant : in Divorce a v.m. NOTICE OF I~NTENTION TO REQUEST ENTRY OF DIVORCE DECREi- To: Defendant: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter affidavit to the 3301(d) affidavit. Therefore, on or after July I, 2002, 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 a~ready flied 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 LAVVYER AT ONCE. IF YOU DO NOT HAVE A LAWrYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F~ND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service Telephone: 1-800-692-7375 (PA ONLY) or 717-238-6715 THE COURT OF COHHON PLEAS OF THE 9TH JUDICIAL DISTRACT OF PENNSYLYANIA Shane M. Weaver, Vo Stacy L. Weaver, C=~nberland Coun~-y Plaintiff Defendant Civil Action - Law No. 02-209~ In Divorce a v.m. DEFENDANT'S COUNTER-AFFIDAVIT UNDE~ SECTION 3301(d) OF THE DI¥ORCE CODF Io Check either (a) or (b): (a) I do not oppose :he 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 apar~ for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. ~ 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. wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important right, s. I understand fha: in addition to checking (b) above, ~ must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before :he date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. 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. ss4904 relating to unsworn falsification to authorities. Date: Defendant 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. IN THE COURT OF COl'II'ION PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA ShaneM. Weaver, Stacy L. Weaver, CUMBERLAND COUNTY Plaintiff : : : : : Defendant : Civil Action - Law F.R. 2002- In Divorce a v.m. AFFIDAVIT OF NON-I~IILITARY SERVICF Plaintiff avers that the Defendant, Stacy L. Weaver, is not now and has not been since the commencement of this action in military service of any branch of the United States or any political subdivision thereof. PLAINTIFF I verify that the statements made in this Affidavit of Non-Military Service 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 perjury contained in 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 7-1-o . PLAINTIFF THE COURT OF COl*Ii*ION PLEAS OF THE 9TH JUDICIAL DISTRACT OF PENNSYLYAI~IA Cumberland County Shane M. Weaver, VD S~acy L. Weaver, : Civil Action - Law Plaintiff : : : No. 02-209 I : : Defendant : ~n Divorce a v.m. PRAECIPE TO TRANSMIT RECORD To the Prothono~ry: Transmit to record, together with the following information, to the court for entry of a divorce decree: Io Ground for divorce: irretrievabJe breakdown under 3301 (d) of the Divorce Code. 2° Date and manner of service of the complaint: Complaint was mailed to the defendant on May 3, 2002, by certified mail, restricted delivery. Defendant accepted service of the complaint May 9, 2002. 3. (I) Date of execution of the affidavit required by 3301(d) of the Divorce Code: Apri~ 23, 2002; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Plaintiff's affidavit was filed on April 29, 2002. P~aintifFs affidavit was served to the defendant on May 9, 2002. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is at~ched: Notice of intention mai~ed to the defendant by regular mail on June I 0, 2002. / arbara B. Tow~'~end ttorney for Plaintiff iN THE cOUrT OF COMMON OF CUMBERLAND COUNTY STATE: Of SI-lANE M. WEAVER VERSUS STACY L. WEAVER PENNA. NO. 02-2091 PLEAS DECREE IN DIVORCE AND NOW,~ DECREED THAT SHANE M. WEAVER , IT IS ORDERED AND _, PLAINTIFF, AND STACY L. WEAVER , 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 TH~Ta ,~ ~S :~I v~l~ ' I re J. ~ROTHO~O~Aj