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Home My WebLink About06-7112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE MARIE DeLOACH, Plaintiff No. 0 r.... 7 11.b ~ /4.-.... v. CIVIL TERM JASON WAYNE DeLOACH, Defendant Civil Action - 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 marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWER'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 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE MARIE DeLOACH, Plaintiff ,....,-." Iu- No. 0 (,. '7 1/:1.- '-'W-U' v. CIVIL TERM JASON WAYNE DeLOACH, Defendant Civil Action - In Divorce NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, as amended, you may request that the Court require you and your spouse to attend marriage counseling prior to a Divorce Decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling services are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this Notice. Failure to do so will constitute a waiver of your right to request counseling. 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE MARIE DelOACH, Plaintiff No. b~' 1/12.. ~ Iv- v. CIVil TERM JASON WAYNE DelOACH, Defendant Civil Action -In Divorce COMPLAINT UNDER SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE The Plaintiff, Anne Marie Deloach, by and through her attorneys, the Offices of Fenstennacher and Associates, P.C., files this Complaint under Sections 3301 (c) and 3301 (d) of the Divorce Code and in support thereof states the following: Count 1- Divorce 23 Pa. C.S.A.13301(c) and 13301 (d) 1. Plaintiff Anne Marie Deloach, is an adult individual residing at 924 Scottish Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant Jason Wayne De loach, with a last known address of 1602 Fox Ridge Road, Sparta, Alleghany County, North Carolina 28675. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 12, 2003, Ventura, California. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff avers that one child was born of this marriage, Rileigh Corinne Deloach. 7. The aforementioned child was born on March 10,2005. 3 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 10. The Defendant is not a member of the Armed Services of the United States of America. 11. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - Claim for Alimony and Alimony Pendente Lite 12. The averments of paragraphs 1 through 11 above are incorporated herein by reference as if set forth in full. 13. Plaintiff lacks sufficient property and/or income to provide for her reasonable needs and is unable to sustain herself during the course of this litigation. 14. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an award of alimony in her favor pursuant to Sections 3701 (a) and 3702 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter an award of spousal support and/or aUmony pendente lite until final hearing and thereupon 4 to enter an award of alimony in her favor pursuant to Sections 3701 (a) and 3702 of the Divorce Code. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. By: ohn R. enstermacher upreme Court 1.0. #29940 Matthew Aaron Smith Supreme Court 1.0. #94603 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED: a;-~~,zooc. 5 VERIFICATION I, Anne Marie Deloach, Plaintiff in the above-captioned case, hereby certify and verify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are subject to the penalties of 18 Pa. C. S. ~904 relating to unsworn falsification to authorities. --4---e-~. {;r._r ~ Anne Marie DeLoach DATED: /2- -II, -A? ~ r~ ~ ... ...... .(. ~ ~ '\ ~ ~ l... . " ~ ~ ~ '" 0 () , ..c> d ..c> ....... l t o ~.;= ,...~ C..-::> r...:"....:J. c.".-;. C) II =? rile ~;~C/-,: ;::; ~~:: '_~~ ~Jj '~~;~ i f1 :lJ -< ~ C"J r-~ . . G C') (f, ,. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE MARIE DeLOACH, Plaintiff No. 06 -7112 v. CIVIL TERM JASON WAYNE DeLOACH, Defendant Civil Action - In Divorce CERTIFICATE OF SERVICE I, Matthew Aaron Smith, Esquire, hereby certify that on December 20,2006, Defendant Jason Wayne DeLoach was served, via United States Certified Mail, with Plaintiff Anne Marie DeLoach's Complaint Under Sections 3301(c) and 3301 (d) of the Divorce Code, at the following address: Jason W. DeLoach 1602 Fox Ridge Road Sparta, NC 28675 Respectfully Submitted, FENSTERMACHER AND ASSOCIATES, P.C. By: R. Fen acher preme Court I.D. #29940 Matthew Aaron Smith Supreme Court I.D. #94603 5115 East Trindle Road Mechanicsburg, P A 17050 (717) 691-5400 Attorney for Plaintiff DATE:dt{- :!"ithv&<t7 - Zw7 ,. UNITED STATES POSTAL SERVICE I First-Class Mail Postage & Fees Paid USPS Pennit No. G-10 · Sender: Please print your name, address, and ZIP+4 in this box · Matthew A. Smith, Fenstermacher and 5115 East Trindle Mechanicsburg, PA Esq. Associates, Road 17050 P.c. '.,,1Ii ",11I",,'. i.II."..II"II....'.'.'..I...II.','..II..' g ~ :9.(..(, '%-;:' ~) t;:, ~e "J2:.C' kl-'l. ,,- -.... 7~ ~ ~ ~ ~ i\ <J\ :;:;..0.'"1" --0 ~-g -:s. 'eft' ~~ ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ~` - Vs File No. ~', ~1 ~ '~ / ~ a ~/U7 ~ /mil m CZG~ IN DIVORCE Defendant 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 after the entry of a Final Decree in Divor""cep~ dated _ , hereby elects to resume the prior surname of ~ lv ,and gives this written notice avowing his /her intention pursuant to the provisions of 54 P.S.~04. Date: !~ ~~ ~ ~ ~2 Signature Signature of name being resumed COMMONWE TH OF PENNSY VANIA ) COUNTY OF On the 1~~day of ~ , 200, 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. _ _ .- Notary Public NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COIJNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 OF TNT Pa^~'r'C`~!OUA€?Y 2Q09 AUG f 3 Pik 3~ 3 S I~~i.~W~ uin~~~~~. ~, ~ ~, E 6LED-QfiFiCE ~d ~~~~ ~t~~z~oa~arA~tr zCfO SAP 23 P@~ 3~ a I CUP~EEnL~,~D COUP " ANNE MARIE DeLOACH, IN THE COURT PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. JASON WAYNE DeLOACH, Defendant CIVIL ACTION -LAW 2006-7112 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 14, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in 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. 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. Date: ~ ~3 av~v ANNE MARIE (DeLOACH) AHERN Plaintiff ~'1L~~-0 FtCE 1'~C ~Rt~~HONQTARY 2D10 S~? 23 P~1 3~ p ~~ ~EP~~SYLVA~ A TY ANNE MARIE DeLOACH, Plaintiff v. JASON WAYNE DeLOACH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2006-7112 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 with the Prothonotary. 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. Date: ~/~ 3/S d ~ !~ ~, ANNE MARIE (DeLOACH) AHERN Plaintiff ANNE MARIE DeLOACH, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2006-7112 CIVIL TERM JASON WAYNE DeLOACH, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 14, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in 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. 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. Date: OCTOBER 18, 2010 --t=~ - '"'' -~ WAYNE DeLOAC ;; a~ ~ `~-,._., Defendant r"~ c r'tr° ~~~. E~~ ~~ ~ ~~ u,,zs ~~ ~ r-- . ~ ~ - ~..;~ .~} .r ~a css -~ W ~ r~ ~ti ~ ..A.1 Ff LFD-(I~FrCE OF TNF ~'R?~T,~iQ~d~ P~f~'~" ANNE MARIE DeLOACH, Plaintiff v.' JASON WAYNE DeLOACH, Defendant cu i u u~, t c a rj.t :~; P `, IN T QURT OF COMMONPLEAS OF CU ~ ~~'~'~`~PENNSYLVANIA CIVIL ACTION -LAW 2006-7112 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(ci OF TiIE DIVORCE C;UDE 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 immediatelyafter 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: OCTOBER 18, 2010 Lerenaani ANNE MARIE DeLOACH, Plaintiff v. JASON WAYNE DeLOACH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2006-7112 CIVIL TERM IN DIVORCE DEFENDANT'S~,M~RRIAGE COUNSELING AFFIDAVIT The defendant, 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. Date: OCTOBER 18, 2010 Defendant ~~ N '"i j G~ ~ e -~ ~a ~ ~ _~.. ,-~,~ c ,..~~ } ~'r i~ -~ -xa c~ -r°s w~.-+~ rte.. awl ^i F~L~D-Qr ~';C~ e C Or°;0i.'~ ,,g` ~ ~ ~y~;fStit~ }CC~I.~i1~~ 1 t.. ~ 1 ~ t ~, 53 L.. ~ !" ~A ,t ht ii t ~~^~ ANNE MARIE DeLOACH, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2006-7112 CIVIL TERM JASON WAYNE DeLOACH, Defendant IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD 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) and or (d) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Jason Wayne DeLoach, on or about December 20, 2006, by certified, restricted delivery mail, addressed to him at 1602 Fox Ridge Road, Sparta, North Carolina, 28675, with Return Receipt Number 7001 1940 0006 8634 3990. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by plaintiff: September 23, 2010; by defendant: October 18, 2010. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) of which is attached: October 21, 2010ro) (c) October 21, 2010. Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy Date plaintiffs Waiver of Notice in Section 3301(c) Date defendant's Waiver of Notice in Section A: orce was filed with the Prothonotary: Divorce w~led with.~he Prothonotary: III, quire for P intiff Date: October 21, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AM NASIE DeLOACH. PT-AIMFF V. JASON WAYNE DeLOACH, DEFEMAHT NO. 2006 - 7112 CIVIL TM DIVORCE DECREE AND NOW, Btla6•,- u Z.Il o , it is ordered and decreed that ANNE MARIE DeLOACH , plaintiff, and JASON WAYNK DeLOACH , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. IJiav.d 6 ,C3uel? Prothonotary By the Court, 11 1 1a• 10 Il - 19- /P Cam- s 44f