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HomeMy WebLinkAbout02-3796Joimson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff TIMOTHY R. WHITE, JR., Plaintiff V, XYLLA Z. WHITE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~:::~c,-~ - 37~ 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 pages 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWY'ER'S FEES OR EXPENSES BEFORE THE 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 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff TIMOTHY R. WHITE, JR., Plaintiff V. XYLLA Z. WHITE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER 6_3301(c) OR 6_330'1(d) OF THE DIVORCE CODE AND NOW, this ~, day of August 2002, comes the Plaintiff, TIMOTHY R. WHITE, JR., by and through his undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint for Divorce, and in support thereof avers as follows: 1. The Plaintiff is TIMOTHY R. WHITE, JR., an adult individual whose currently address is Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is XYLLA Z. WHITE, an adult individual who currently resides at 9B Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were married on November 11, 2000, in Etters, York County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six (6) months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under §3301 (c) or §3301(d) of the Divorce Code. :161354 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER MArk C. Duffle \ ~ Attorney I.D. No.'7~906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff I, TIMOTHY R. WHITE, JR., verify' that the statements made in this Complaint for Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: Tim~hy R. White, Jr. Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TIMOTHY R. WHITE, JR., Plaintiff V. ~(YLLA Z. WHITE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE I, T/MOTHY R. WHITE, JR., being duly sworn according to law, depose and state: 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 by the court. 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. Timothy R. White, )r. TIMOTHY R. WHITE, JR. V. XYLLA Z. WHITE · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-3796 CIVIL TERM ORDER OF COURT AND NOW, this 26TM day of DECEMBER, 2002, it appearing to the Court that the affidavits of consent were executed more than thirty (30) days before they were filed in contravention of Pa. R.C.P. 1920.42(b)(2), the request for the entry of a divorce decree is denied without prejudice. Mark C. Duffle, Esquire For the Plaintiff :sld Edward E. Guido, J. Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TIMOTHY R. WHITE, JR., Plaintiff V. XYLLA Z. WHITE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3796 Civil Term CIVIL ACTION - LAW Defendant . IN DIVORCE ~tl 2&~T~~N7- 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 7, 2002 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand thai the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate ~n counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TIMOTHY R. WHITE, JR., Plaintiff V. XYLLA Z. WHITE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3796 Civil Term CIVIL ACTION - LAW iN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 7, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to Participate m counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. Yt °th . Wh/t!, Jr., P/&ntirr Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TIMOTHY R. WHITE, JR., XYLLA Z. WHITE, Plaintiff . : : .- : : Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3796 Civil Term CIVIL ACTION - LAW IN DIVORCE TO THE PROTHONOTARY: PRAECIPE TO TRANSMIT RECORD decree:Transmit the record, together with the following information, to the Court for entry of a divorce Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. Date and manner of service of the Complaint: Certified copy of Divorce Complaint hand- delivered to Defendant and received by Defendant on August 10, 2002. An Acceptance of Service signed by the Defendant is being filed concurrently herewith. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: November 10, 2002; by the Defendant: November 10, 2002. Related claims pending: None_. Dated: :166090 Both Plaintiff and Defendant are filing Waivers of Notice of Intention to Request Entry of Divorce Decrees dated October 16, 2002, and November 10, 2002, respectively, concurrently herewith. Respectfully submitted, JOHNSON, DUFFLE, STEW,,~ Mark C. Duffie../~ Attorney I.D. I'~o. ~'5906 Attorneys for Plaihtiff WEIDNER INTHE COURT OF COMMON OF CUMBERLAND COUNTY. STATE OF ~~ PENNA. TIMOTHY R. WHITE, JR. PLEAS N o. 02-37g~ C~,~ ] T,2rm VERSUS DECREE IN DIVORCE AND NOW,~ ~ ~/ , . , IT IS ORDERED AND DECREED THAT Timothy R. White, Jr. , PLAINTIFF, A N D Xylla Z. White , 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; ATTEST: ~THONOTA~'