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HomeMy WebLinkAbout02-2451 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY A. McGRIFF Plaintiff BRICE A. McGRIFF, Defendant CIVIL ACTION -- LAW NO. t~:~ -,~t/.~/ CIVIL IN DIVORCE 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 may be entered against you by the court. A judgement 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 fights important to you, including custody or visitation of your children. When grounds 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 Cumberland County Courthouse, 1 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY A. McGRIFF Plaintiff BRICE A. McGRIFF, Defendant CIVIL ACTION -- LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the above named Plaintiff, Sherry A. McGriff, by and through her attorneys, Weigle & Associates, P.C., and Richard L. Webber, Jr., Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: Plaintiff, Sherry A. McGriff, is an adult individual presently residing at 32 Sheryl Drive, Newville, Cumberland County, Pennsylvania 17241, since December 1,2001. Defendant, Brite A. McGriff, is an adult individual presently residing at 1126 Oxbow Lane, Dallas, Texas 75241, since December l, 2001. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of the Complaint in Divorce. The Plaintiff and Defendant were married on March 26, 1996, in Carlisle, Pennsylvania. There have been no prior actions of divorce or for annulment between the parties. Plaintiff has been advised that counseling is available and the Plaintiff may have the fight to request that the court require the parties to participate in counseling. The marriage is irretrievably broken. The parties have lived separate and apart since December I, 2001. WEIGLE & ASSOCIATES, [~C. ATTORNEYS AT LAW -- 126 EAST KINI~ STREET -- SHIPPENSBURG, !DA 17257-~397 9. The Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. WEIGLE & ASSOCIATES, P.C. By: Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney ID #49634 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, !~C. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG. PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to unswom falsification to authorities. Dated: Sherry A. McOriff, Plaintiff WEIGLE & ASSOCIATES, ~C. I ATTORNEYS AT LAW -- 126 eAST KIN~i STREET -- SHII~PENSBURG, PA 17257-I397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY A. McGRIFF Plaintiff BRICE A. McGRIFF, Defendant CIVIL ACTION -- LAW NO. 02-2451 CIVIL IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : Patricia A. Frey, being duly sworn according to law, deposes and says that on June 21, 2002, a true and attested copy of Complaint in Divorce and Notice to Defend was served upon the Defendant, Brite A. McGriff. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Brice A. McGriff 1126 Oxbow Lane Dallas, Texas 75241 The return receipt signed by the Defendant is evidence of delivery to him/her and is attached hereto as "Exhibit A." Sworn to and subscribed before me this Iai- day of ~,.D-% , 2002. N6ta~y Public I Patricia LTome, Notary Public $ Bom, Cumbedand County WEIGLE & ASSOCIATES, RC, -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBUR6, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY A. MeGRIFF Plaintiff ¥. BRICE A. McGRIFF, Defendant CIVIL ACTION -- LAW NO. 02-2451 CIVIL IN DIVORCE PROOF OF SERVICE postage Certifisd Fee $2.10 Return Receipt Fee $1 · 50 (l=ndorsement Required) Restricted Delivery Fee $3, ~ (Endorsement Required) T~po,t.go&~**. $ $7,37 Hbm I · comp~te ~.m~ ~; 2,,and 3. A~o comp~e · Print your name i~nd add,mss on the reverse so that we can return the card to you. · Attach this ~ to the back of the m~llptece, (x on the front tf space permits. 1. Article Addmseed to: Mr. ,,Brtce A. McGrtff 112~i~Oxbow Lane Dal~, TX 17241 PS Fo, 8. Rec~-%,ed by ( Ptkfmd Name) D. is deiv~y address dffemnt f~m item 17 ff YES, enter delivery address below: [] No 3. ~Ce. dl~ed~Mail [] Express Mail [] Regt~ 0 Return Receipt for Merchandise 4. Restricted Delivery? ~.xffa Fee) ,i WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EaST KING STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY A. McGRIFF Plaintiff V. BRICE A. McGRIFF, Defendant CIVIL ACTION -- LAW NO. 02-2451 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 20, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. § 4904 relating to unsworn falsification to authorities. Dated: Brite A. M~:Grif:f~ ~)~e~l~ WEIGLE & ASSOCIATES, RC, -- ATTORNEYS AT LAW -- 126 EAST KING STREET SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY A. McGRIFF : Plaintiff : -. V. .- BRICE A. MeGRIFF, : Defendant : CIVIL ACTION -- LAW NO. 02-2451 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(e) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 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 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. § 4904 relating to unswom falsification to authorities. Dated: Brite A. M~Gri~, ~)~fe-n~f~t WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW 126 EAST KING STREET SHIPPENSBURG, PA 17257-1397 WEIGLE & ASSOCIATES, P.C. * ATTORNEYS AT LAW 126 EAST KING STREET, SHIPPENSBURG, PA 17257-1397 · TELErI~O~: (717) 532-7388 FAX: (717) 532-6552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY A. McGRIFF : Plaintiff : .- V. -' : BRICE A. McGRIFF, : Defendant : CIVIL ACTION -- LAW NO. 02-2451 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 20, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. § 4904 relating to unsworn falsification to authorities. Dated: Sherry A. McCA'iff, Plaintiff WEIGLE & ASSOCIATES, RC, ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 172S7-1397 WEIGLE & ASSOCIATES, EC. · ATTORNEYS AT LAW 126 EAST KING STREET, SHIPPENSBURG, PA 17257-1397 · TELEPHONE: (717) 532-7388 FAX: (717) 532-6552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY A. McGRIFF Plaintiff BRICE A. McGRIFF, Defendant CIVIL ACTION -- LAW NO. 02-2451 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND .~ 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 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. statements herein are made falsification to authorities. 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 tree and correct. I understand that false subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom Sherry A. McO~iff, Plaintiff WEIGLE & ASSOCIATES, EC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY A. McGRIFF : Plaintiff : CIVIL ACTION -- LAW v. : NO. 02-2451 CIVIL _. BRICE A. McGRIFF, : Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 3. DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. I understand that I may lose fights conceming alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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. § 4904 relating to unswom falsification to authorities. Sherry A. McG~iff, Plaintiff WEIGLE & ASSOCIATES, I~C. -- ATTORNEYS AT LAW -- 126 EAST KINg STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY A. McGRIFF : CIVIL ACTION -- LAW Plaintiff : _. v. : NO. 02-2451 CIVIL BRICE A. McGRIFF, : Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 20, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. § 4904 relating to unswom falsification to authorities. Dated: Sherry A. McCJriff, Plaintiff WEIGLE & ASSOCIATES, RC. -- ATTORNEYS At LAW -- 126 EAST KING STREET -- SRIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY A. McGRIFF Plaintiff V. BRICE A. McGRIFF, Defendant CIVIL ACTION -- LAW NO. 02-2451 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for emry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. Date and manner of service of the complaint: June 21, 2002, by mailing postage paid, certified mail, addressee only, and return receipt requested at Shippensburg, Pennsylvania. o Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff, October 30, 2002; by Defendant, October 5, 2002. 4. Related claims pending: None o Date Plaintiff's Waiver in § 3301(c) Divorce was filed with the prothonotary: November 6, 2002 Date Defendant's Waiver of Notice in § 3301 (c) Divorce was filed with the prothonotary: October 30, 2002 WEIGLE & ASSOCIATES, P.C. Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attomey ID # 49634 126 East King Street Shippensburg, PA 17257 Telephone (717)532-7388 WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 IN The COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ..~.. PENNA. SHEP, R¥ A. McGRIFF, PLAINTII~ VERSUS BP. ICE A. McGRIFF, DE~F~NDAI~ NO. 02-2451 AND NOW, DECREED THAT AND Decree IN DIVORCE SHERRY A. McGRIFF BP. ICE A. McGRIFF 2002 , IT IS ORDERED AND ,PLAINTIFF, ,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; NO~ BY Jo PROTHONOTARY