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HomeMy WebLinkAbout06-5527 1) . MAUREEN IRVINE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. 1- -r).. 1 c..l v;1 -tLfI\. : NO. 0 \D - 6 v BRIAN IRVINE, Defendant. CIVIL ACTION - LAW 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 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 counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Dauphin County Courthouse, Front & Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' 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 OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 JAIME D. WASSMER, ESQUIRE Robinson & Geraldo Sup. Ct. J.D. No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax j wassmer@robinson-geraldo.com MAUREEN IRVINE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO. O~ - S-.f.ll cJvd fu", BRIAN IRVINE, Defendant. : CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE COUNT I 1. Plaintiff is Maureen Irvine, who currently resides at 409 Geary Avenue, Apt C, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is Brian Irvine, who currently resides at 5431 Truth Place, Allentown, Lehigh County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 20,2001 in McMinnville, Oregon. 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. 7. Neither Party is a member of the Armed Forces of the United States or any of its allies. 8. The Plaintiff has been advised of the availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301(c) ofthe Divorce Code. Respectfully submitted, ROBINSON & GERALDO Dale: Cl\P \OlD )J~W~ Attorney for Plaintiff ATTORNEY VERIFICATION Undersigned counsel, Jaime D. Wassmer, Esquire, hereby verifies and states that: 1. She is the attorney of record for Maureen Irvine, Plaintiff 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing motion are known to her and not necessarily to her client. 4. The facts set forth in the foregoing motion are true and correct to the best of her knowledge, information and belief. 5. She is aware that false statements here in are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: ~~~\ DlD .. w~ Attorney for Plaintiff CERTIFICATE OF SERVICE + I, Jaime D. Wassmer, Esquire, do hereby certify that on the :LP day of September, 2006, I caused a true and correct copy of the Divorce Complaint to be served upon the following individual by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Mary 18. Eidelman,Esq. Eidelman & Associates 1132 Hamilton Street Suite 312A Allentown, P A 18101 Respectfully submitted, ROBINSON & GERALDO 'i9-\J~ () ,...) ~ c c= 0 = <'" c::7' -n \'> - -r) l1~ (/) :i! ~ ~ G'l.~ , P'l -.I:> ..?:_ ""1- -0 m~ '* C. ,,:,:~ f N ~ ~,~-~ ~ -0 :0 ~~C., oj - J '-10 ""t) -.,- -r: ~ ~ ~:~~ :x (~ -~d ('" ;.::0 \A Om -S " Z --I - -~, ?G ~ ?- -( Cil -< \ !:r. "'-< t1 JAIME D. WASSMER, ESQUIRE Attorney J.D. No. 200705 Robinson & Geraldo, P.c. 4407 North Front Street P.O. Box 5320 Harrisburg, P A 17110 (717)232-8525 Fax (717)232-5098 jwassmer@robinson-geraldo.com Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN IRVINE, v. NO. 06-5527 MAUREEN IRVINE, Defendant. CIVIL ACTION PROOF OF SERVICE The undersigned makes the following return of service: the Divorce Complaint was served upon Mary J. B. Eidelman, Esquire on September 22,2006 at 1132 Hamilton Street, Suite 312A, Allentown, Lehigh County, Pennsylvania. The signed acceptance of service is attached hereto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Jaime D. Wassmer, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service 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 falsfication to authorities. Respectfully submitted, ROBINSON & GERALDO Dated: October 2,2006 e D. Wassmer, Esquire Attorney for Defendant . 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. j , L-- D, Is delivery address different from item 1? If YES. enter delivery address below: o Agent o Addressee DYes o No 1, Article Addressed to: Ma(~ .::r: p.>. G"lddmilr1, E9:l' II .3:J- #-tirrlll fz>n S +t't t1-. +- $ U I J-e ~iJ-A A-l/ e () hn.{)n I "1+ f <:( I 0 } 3. S~ice Type I2l' Certified Mail ~egistered o Insured Mail o S/'press Mail lIYReturn Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) s 2. Article Number (Transfer from service label) PS Form 3811 , March 2001 7001 1940 0004 1687 0291 Domestic Return Receipt 102595-01-M-142A r>-,.) o C -;':P' ...~~ <;:. . ~~ \:.:: (f? " ~':: ~~ ~~? ;.0' S~~ /-,. :< --::I ;-~ ;:\ -;-, ;", ~:; ,I ) . \J~ ~:jJ :< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MAUREEN IRVINE, Plaintiff ) ) ) ) ) No. 06-5527 v. BRIAN IRVINE, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 21,2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. 4. I am aware that I may request marital counseling pursuant to the Divorce Code of 1980 of the Commonwealth of Pennsylvania, and I hereby waive my right to request same. 5. I acknowledge and verify that I am not a member of the Armed Services of the United States or any of its allies. 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. 1/7/07 DATE tk BRIAN IRVINE, DEFENDANT ~ :3 c..- 7 ~ r" ...0 -0 .-:'.'" #.... ~ .-\ ::C...., fl'. f':. -CrD -,".,(:) -" L (),U .::~l "--r'~ .,::.; -:)-J \~ C:1- OfTl ,.::J. 7' :~ - x:-- ,-," IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MAUREEN IRVINE, ) Plaintiff ) v. ) BRIAN IRVINE, ) Defendant ) No. 06-5527 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 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 v/ith 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 unsworn falsification to authorities. 117 / 01 DATE tJu BRIAN IRVINE, DEFENDANT (') ~~ /".,) = = ~ C- :J:X;>iJ ~ =? fi1:TI -oFn ~~ -I :> :n --< z N I..D ~ .;::- c..J MAUREEN IRVINE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. No. 06-5527 BRIAN IRVINE, Defendant. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 33010fthe Divorce code was filed on September 21, 2006, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 5. 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. '- ~ c--- ~ Date:d?!or ~e ~ <:3 ::it y$> ~o \ .....l ~ ..-\ :r;.-r'\ rrl f":' ~~o (l.~ :~?~~) ..1--- -'.',.\ ',;~~?, ,.=; _A '.V ~ -0 :P- <-;? 0-' r0 MAUREEN IRVINE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. No. 06-5527 BRIAN IRVINE, Defendant. : CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301 eel 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. ~4904 relating to unsworn falsification to authorities. Date: 3~1 .... een Irvine, Plaintiff (") c: _.~.. ~~T ~ :3 ~ _':~1 :;0 \ --' ~ :::C. -r\ r\'"l f:: _"....,i-r'. :::-)y\ (~:?I (:_~'.? '-;"'~ '~'1'~\ .;}.h~ ',:)\ .,"" ?l -0 '3':. c:? 0:l ~ ~ ...,. MAUREEN IRVINE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. No. 06-5527 BRIAN IRVINE, Defendant. :- CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the 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: Certified Mail Restricted Delivery on or about September 22, 2006. 3. Date of execution of the affidavit required by section 3301(c) of the Divorce Code: by Plaintiff on March 2,2007 and by Defendant on January 9,2007. 4. Related claims pending. The economic claims have been settled by agreement. 5. Date the Plaintiffs Waiver of Notice in section 3301(c) of the Divorce was filed with the Prothonotary: on March 7, 2007. ,,-. -.. 6. Date the Defendant's Waiver of Notice in section 3301(c) of the Divorce was filed with the Prothonotary: on January 29,2007. Respectfully submitted, ROBINSON & GERALDO ,~ Jai D. Wassmer, Esquire Att ey J.D. No. 200705 440 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff. C) s~ ,\,;) ,::::> c") ::.'"...l Q, -- (J) -~--;'''; --- ~~~~~~~~~~~~~ ~~~~~~~~mm~~m~~~~m~~~~~~~~~~m~~~~~m ~~~~~~~~~~m~~~~~~~~~~m~~~~~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF MAUREEN IRVINE PLAINTIFF No. 06-5527 Civil Term VERSUS ~RIAN IRVINE DEFENDANT DECREE IN DIVORCE M?J/'J-f 11 Loo91T IS ORDERED AND AND NOW, , PLAI NTI FF, MAUREF.N T'RVTNE DECREED THAT BRIAN IRVINE , DEFENDANT, AND 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; J. ATT PROTHONOTARY ~ ~~~~~~~~~~~~~~~~~~~~ ~ w j' ~~ ~ (o,e-e"t:: ~ r:f' ~k:,,; --P7? LO- rt".~ ", - ., '.; - 1-.,. .., .., , .... ,. '"' .'....,.