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Home My WebLink About95-02999 .~ ~ g 7- . -7 ~ o o 7- ~ J (J (J cr os .:+;. .:+:- .:+:. .;+:. .;+:' .:+;. .:+:. .:~:- :. -:.;. .:+;, ':+:'. ':+:. ,':.;', <.+;' ':+:' .:.:. ':+:' ',4 ~ .:.:. .:.:' .:.:. .:+:' .:+:. ,;.:. ':+:. ':~. ':.::0:' ,:er.. ':.:. Iii' - ,-" " , -- . .. " ' .. '.....' , :.\ 11., : ( ~ PLEAS M! ,', IN THE COURT OF COMMON s' OF CUMBERLAND COUNTY t~ STATE OF ;~~~! PENNA. \ .V~J""" ~\ ..I 'I ~, , i ~' , , ~: ~\ , \ Iii " Jane Yockey , <,U(lO i'll, ,F;U II) 95 Iii " ~. \'11 -I:. ~ Unv1d Yockey ~ ~l ~! ~! ~i ~I ~ .\ 8 8 8 8 8 8 8 8 8 8 8 ~ ~ 8 8 . - ~, , '.:' '>>:' ':.:' '.:' :.", DECREE IN DIVORCE od..locJ '\ 19'~ " it Is ordered and , plaintiff, defendant, AND NOW, decreed that J,<jl)\) YlJclwy and ' Uuv1~ Yoc~~y are divorced Irom the bonds 01 matrimony, The court retains jurisdiction 01 the lollowing claims which hove been raised 01 record in this action lor which 0 linal order has not yet been entered; , , ,Non~, lI,n." W~Il! 011, I ^"",I: I v ,,"') ,I.!/ L '7'/ -/ I P,.A..J,'~U ,1.<", ( Ulv-~(/'., l't..-c./w:-",~~;~ ) "L'/ I." .T '^"~,~, I' .~',(r }, 'r. ,f '77 )'"dlllllIHI.II\ :.; :.: :+: -.: :.: ~.. ... .. . ,.... :. t .: :t ~ '. S ~ )'.' '.~ I~ I':' I~ '. ~ ~ ~ I~ l'" I~ I',' I Iii I:' )~ I~ !~ I':' II. \ , I, I~ I~ I, :~ ;~ !',' I '~ " ~ ~ I~ ,'.' '. , ~: i~ ",' S ~ ~: ~ :.: ~ ~ . ., .. . . ,. ~ ' I JANE YOCKEY, Pin lnt iff J N 'I'IlE COllllT OF COMMON PLEAS OF CUMIlEIlLAND COUN'I'Y, PENNSYI.VANIA C I VII. AC'I'ION - I.AW 'J':>-2999 CIVJJ. 'I'EIlM VB. DAVIIl YOCKEY, Defendant I N III VOile!: P~IPILTQ,.'l'BAIWIIlT ,JiBCOIW '1'0 the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. 'I'he ground for di vorce is i rrelr i evahl e breakdown of the marriage, together a two-year separati on, under Sect ion) J01 (d)( 1) of the Divorce Code. 2. 'I'he complaint was served by first clasE mnil upon Defendant David Yockey on .June 2, 199':>. Defendant nccepted service of the complaint on June 29, 199':>. Defendant's acceptance of service was filed on July 12, 199''>. J. Plaintiff Jane Yockey executed an affidavit under Section JJ01(d) of the Divorce code on May 28, 199':>. 'I'he affidavit was served upon Defendant by first-class mail on .June 2,1995, together with the complaint. 4. 1'here nre no relntml clnlms pundlrHI. 5. 'I'ho notice of Intention to request entry of a divorce decree was served upon lJetundnnt by first-clnss mall on .July 12, 1995. A copy of tho notice iA nttnched horoto. .,~ " a - en 4 v' 1 . - . - , ... .. '., , "'".,} ~ ,- t;; " :..,j~ - - tn .... , JoIII' W",.' W,I"I III, E.qulrf Ancmey AI Law '0 EUllli,h SltliCl . Carli.le, PA 1701l Telephono (117) 143,198' . Fu (717) 243-9766 - - JANE YOCKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW , vs. ' ' 95-2999 CIVIL TERM DAVID YOCKEY, r'_ Defendant IN DIVORCE NOTICB OF IllTBMTION TO REQUEST BllTRY OF DIVORCE DEl'RJR TO: DAVID YOCKEY DEFENDANT U"., V' YOU DAVE BBEJI SUED IN AM ACTION FOR DIVORCE. You have failed to answer the complaint or file a counter-affidavit to the Plaintiff's affidavit. Therefore, on or after August 2, 1995, the Plaintiff can request the court to enter a final decree in divorce. If rou do not file with the prothonotary of the court an answer w th your signature notarized or verified, or a counter- affidavit, by the above date, the court can enter a final decree in divorce. Unless you have already filed 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 eet>nomic relief. A COUh1'aK-AFPlMVIT IIBICII YOU RAY FILE Bm TBB PROTBOIlOTARY 01" TIlE COURT :IS A'l"l'ACBBD TO TllJ:S MOrICE. YOU SHOULD TAD TllJ:S PAPER TO YOUR LAIfYBR AT OlleB. II" YOU DO IIO'l' HAVE A IMYBR OR CAIIIIO'l;jUTOIU) on, GO TO OR TRT.~ TBB OFFIes SET FORTH BILOIf TO PIIID OUT IIIDlRB YOU CAlI aft' LBGAL BBLP. Court Administrator - Fourth Floor Cumberland county Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 John Wesley Weigel III, Esq. 50 East High Street Carlisle, PA 17013 (717) 243-1985 plaintiff IN THE COURT or COMMON PLE~B-or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 95-2999 CIVIL TERM IN DIVORCE vs. DAVID YOCKEY, Defendant OKl"KllDAIIT' S COUMTKR-AFP'IDAVIT UllDm SBCTIOH 33011 d l OF TIIIl OTVnRCII: COOl 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check ( i), (11), or both): (i) The parties to this action have not lived separate and apart 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. 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. ibl I wish to claim economic relief which may include alimony, d v sion of property, lawyer's fees or expenses or other important rights. 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. section 4904 relating to unsworn falsification to authorities. Date David Yockey Defendant NOTICE: IF YOU DO NOT IHSIl TO OPPOSE TilE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISIl TO HARE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE TillS COUNTER-AFFIDAVIT. AFFIDAVIT OF SBRVICB I hereby certify that I am this date serving a copy of the attached Notice of Intention to Request Entry of Divorce Decree in the above matter on the Defendant. Service by first class mail to: David Yockey c/o Mabel Yockey 279 Deepwood Drive Wadsworth, OH 44281 J I !z. 11Cfs- D~ f- U ohn Wesley We el III, 50 East High street Carlisle, PA 17013 (717) 243-1985 JANE YOCKEY, Plaintiff IN 'l'HE COUR'I' Ot' COMMON PLEAS OF CUMBERLAND COUN'I'Y, PENNSYLVANIA CIVIL AC1ION - LAW 95- ;J./f1tf CIVIL TERM IN DIVORCE VB. DAVID YOCKEY, Defendant IID'l'ICI, TO DUMllAIID CLlIII,IUQII'l'S YOU KAVI 8BII 8UID I. 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 rroperty or other rights important to you, including custody or vis tat ion of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland county Courthouse, carlisle, Pennsylvania. lP YOU DO ~ 'I~ A ".oAlII FOR ,n.J".Y, DIVISI. 011 I~&., LAIII.'S .... WI UP...., ..... . D~ WI ~ II ~, YOU"Y LOS. !III illGIll' '1'0 ("loAD( AllY or ....... YOU aIIOUW 'I'AII '1'1118 P.... '1'0 YOUR LIllY. .'1' CIICII. lP YOU DO ~ ..va A LIIrJD ml ,... 1 Qff A.-.CllllD ~, GO '1'0 WI ........ '11III OI'PICII 8ft ......... IUIU_ '1'0 .IIID QUI' -- YOU ca-. un L~"" IIJILII. Court Administrator - Fourth Floor Cumberland County courthouse Carlisle, pennsylvania 17013 Telephone (717) 240-6200 John Wesley Weigel III, Esq. 50 East High street carlisle, PA 17013 (717) 243-1985 aIIl'LAIlIT ,.1ILDDmJa COMES NOW, Plaintiff Jane Yockey, by and through her attorney, John Wesley Weigel III, Esquire moves and alleges as follows: 1. Plaintiff Jane Yockey is an adult individual residing at 105 Fairfield st., Apt. 4, Newville, PA 17241. 2. Defendant David Yockey is an adult individual residing in Georgia, although Defendant has refused to disclose his exact location. However, Defendant may be reached through his mother, Mabel Yockey, who resides at 279 Deepwood Drive, Wadsworth, OH 44281. J. Plaintiff has resided in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were married in March 1986 at Marietta, Georgia. 5. There have been no prior actions of divorce or annulment filed in this matter. 6. The marriage is irretrievably broken, and the parties have been separated for more than two continuous years. 7. Plaintiff has been advised that marriage counseling is available, and that Plaintiff may have the right to request that the court require the parties to participate in marriage VIIlIPlCA'l'IoM 01' PLUDIJIO I verify that the statements made in the attached pleading 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 falisification to authorities. .... ,\ "I', ~(i\l \ \\ \.. I " \ '~ J6. e YOCkey! Date " - ~ - ~ ~ -. ~ . <:I~'-") 'J ~ ~ "'c1 r~ ~ '~~1. - (4'; iJl ~* ~-.. '- ~. ~\j ~ -{:. . ~ I ' ~"" ~ r . JANE YOCKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 95- J.1'11 CIVIL TERM DAVID YOCKEY, Defendant IN DIVORCE ltOT.la_'l'O.....TIIB b_JIiIUIMIT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. ELAlHIIFF'S AFFIDAVIT UNDER SECTION JJOlldl QF 'l'HE ,JllYQRCE CODEJililLAn'.lDAllIT OF tiQN-MILITARY SERVICE 1. The parties to this action separated in September 1986, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. J. 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 granted. 4. The Defendant in not presently in the active military service of the United States of America, and is not a member of the United States Army, Navy, Marine corps, Air Force or Coast Guard, nor is Defendant an officer in the Public Health Service detailed by any proper authority for duty with such service, nor is Defendant engaged in any active military service or duty with any unit cO"l!red by the Soldiers and Sailors civil Relief Act of 1940, nor has Defendant enlisted in any military service covered by the Act. Plaintiff IN 1'/lE COURT OF COMMON PLEAS OF CUMllEHI,AND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 95-2999 CIVIL TERM IN DIVOHCE JANE YOCKEY, vs. DAVID YOCKEY, Defendant DIf'UDAIIT ~S _COVIITBR~An'IDAYIT UIIOBR SICTI011" JJIU(d), 01', 'l1II_D1YOfta CODB 1. Check either (a) or (b): _____'(a) 1 do not oppose the entry of a divorce decree. ~_~( b) I oppose the entry of a divorce decree because (Check (i), (ii), or both): '__'h'( i) The parties to this action have not lived separate and apart for a period of at least two years. ____,(U) 1'he marriage is not irretrievably broken. 2. Check either (a) or (b): ,__I a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses i1 I do not claim them before a divorce is granted. ,---(bl 1 wish to claim economic relief which may include alimony, div sion of property, lawyer's fees or expenses or other important rights. 1 verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made sub1ect to the penalties of IB Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ')llvldVockey-- Defendant NOTlct:: It' YOU DO NOT WISH 1'0 OPPOSE T/lE ENTHY OF A DIVOHCE DECREE AND YOU DO NOT WIB/I '1'0 MAKE ANY CI,AIM FOH ECONOMIC RELIEF, YOU NEED NOT I"ll,"; TillS cOUN'l'ER-Al'nDAVI'I'. AFFIDAVIT OF SIRVICB I hereby certify that I am this date serving a copy of the attached Notice of Intention to Request Entry of Divorce Decree in the above matter on the Defendant. service by first class mail to: David Yockey c/o Mabel Yockey 279 Deepwood Drive Wadsworth, OH 44281 _ .1vb_ILL It yr , D~' ,0-.0"Yl UCI{t.e-v L)~~fli.L kl1~ Wesley WeifJel III{Esq: " 50 East High street Carlisle, PA 17013 (717) 243-1985 JANE YOCKEY, . IN 'filE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . VB. CIVIL ACTION - LAW I 9 5 - 2-!f'7 '7 CIVIL TERM DAVID YOCKEY, I Defendant I IN DIVORCE "'~-AllCL.OLJJBIlVICI: I accept service of Plaintiff's Complaint and Affidavit under section JJOl(d) of the Divorce Code. Z'?> jut-.) t.: ~~ Date D fendant Davi c,/o Mabel Yoc e 279 Deepwood Dr ve Wadsworth, 0/1 44281 i I . D~~'~ ~;~;-~.JDAVl'l' oma s 3 1 DnrnlH"l! IYWlS JANE YOCKEY, IN TilE COURT OF COMMON PLEAS OF plaintiff CUMDlmLAND COllNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW !, 95-2999 CIVIL TERM DAVID YOCKEY, Defendant IN DIVORCE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check ( i ), (11), or both): (i) The parties to this action have not lived separate and apart 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. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not clnim them before a divorce is granted. (b) I wish to claim economic relief which may inolude alimony, division of property, lawyer's fees or expenses or other important rights. r verify that the statements made in thi~ counter-affidavit are true and correct. r understand that false statements herein are made subject to the penalties of IB Pa. c.S. section 4904 relating to unsworn falsification to authorities. Date Oavld Yockey Defendllnt -------------------- NOTICE: IF YOU DO NOT WISIl TO OPPOSE TilE EN'mY 01" A DIVOltcE DECREE AND YOu DO NOT WISIl '1'0 MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE TillS COllNTER-AFFlDAVl T. , \;,a l'i ,..'. a., ~) r- " ... 31 " l^~ ~ ...... ~ - John Wu/" Wtigtllll, Esqui,., A~~ Law 'OEUllllah SI1ecI . e.,lisle, PA 1701l Telephone (717) 243,198' . Fu (717) 243-9766 - JANE YOCKEY, IN TilE COURT Of COlmON PLEAS or ClJI1l3f.RLAND COUNTY, PENNSYLVANIA CIVIL AC'I'ION - LAW 95-2999 CIVIL TERM Plaintiff vs. DAVID YOCKEY, Defendant IN DIVOHCE NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE TO: DAVID YOCKEY DEfENDANT YOU HAVE BEEN SURD IN AN ACTION FOR DIVORCE. You have failed to answer the complaint or file a counter-affidavit to the Plaintiff's affidavit. Therefore, on or after August 2, 1995, the Plaintiff can request the court to enter a final decree in divorce. If rou do not file with the prothonotary of the court an answer w th your signature notarized or vedf ied, or a counter- affidavit, by the above date, the court can enter a final decree in divorce. Unless you have already filed 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 economic relief. A COUNTBR-AFFIDAVIT IfBICH YOU IlAY FILE WITH TBB PRO'I'BONOTARY OF THB COURT IS A'l"l'ACHEO TO THIS NOTICI. YOU SHOULD TAU THIS PAPBR TO YOUR LAlfYBR AT ONCI. IF YOU DO JIO'I' HAVE A LAllYBR OR CANNOT AFfORD ONE, GO TO OR TBLBPIIOIIB TBB OPFICI SET FORTH BBLCM TO FIND 00'l' IIIIBR.B YOU CAN GET LBGAL BBLP. Court Administrator - Fourth Floor Cumberland county Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 John Wesley Weigel III, Esq. 50 East High Street Carlisle, PA 17013 (717) 243-19B5 ,-. ,,... c.";; t-J ~" "u ...' '" -, ~ ~ t.r; JANE YOCKEY, IN TilE COURT Of COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 95-2999 CIVIL TERM DAVID YOCKEY, Defendant IN DIVORCE DEPEIIDAIIT' S COmrrBR-APFIDAVIT UlmER SBCTIOI JJOlldl OP THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (11), or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken, 2. Check either (a) or (b) I (a) I do not wish to make any claims for economic relief. 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. Ib) I wish to claim economic relief which may include alimony, d vision of property, lawyer's fees or expenses or other important rights. 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 IB Pa. C.S. Section 4904 relating to unsworn falsification to authorities. -------------------- Date David 'lackey Defendant NOTICE I IF' YOU DO NOT WISII TO OPPOSE 'I'llI' ENTRY Of A DIVORCE DECREE AND YOU DO NOT WISH 'fO MAKE AN'I CLAIM FOR ECONOMIC RELIEF, 'IOU NEED NOT FILE TillS COUNTER-AFFIDAVIT. AFFIDAVIT OF SERVICE I hereby certify that I am this date serving a copy of the attached Notice of Intention to Request Entry of Divorce Decree and Caunteraffidavit of Defendant in the above matter on the Defendant. service by first class mail to: David 'lackey c/o Mabel 'lockey 279 Deepwood Drive Wadsworth, OH 44281 Y2~ lifers' Date /,' J, /; 'I! " /k~ C-,/ L~ L.J l-q,,/tr (_ ~ohn Wesley Weigel I~, Esq. 50 East High Street Carlisle, PA 17013 (717) 243-1985 }ullll Wesley Weigel/II, Esql/ire t\ltmn~)' AI Law 50 E,"II IIgh Slreel c.lrl"lc,PA 171111 Telephone: (717) 243.1985 Fux: (717) 24,l,I)7tJll August 211, 1995 David Yockey c/o Mabel Yockey 279 Deepwood Drive Wadsworth, OH 44281 Dear Mr. Yockey: As you can see from the enclosed court order, there has been a hi tch in getting a divorce decree. I seem to have filed the notice of intention to request entry of divorce decree a few days too early. Enclosed is the new notice I have filed. We will now need to wait for another three weeks until I can file a second praecipe to transmit record, which should trigger the issuing of a divorce decree. Please contact me if you have any questions. Very truly yours,. . , ;J,WI. L.Jt.Ji7 /.j4-'JJ '( II An We!;ley Weigel III, Esquire. Enclosure CCI Jane Yockey (enc.) AFFIDAVIT OF SERVICE I hereby certify that I have served the original of the attached letter of August 26, 1995 in the above matter on the Defendant. Service was made on August 26, 1995 by first class mail to David Yockey c/o Mabel Yockey 279 Deepwood Drive Wadsworth, 011 44261 ,:J~J J i Datel " '/ 'I !" I , ( , /l,! i' I ,I).' j., . 1/ . ; ,~(.... '-', ~ - - . ~- '(., . . ~ n Wesley We el I~ , Esq. 50 East lIigh S reet Carlisle, PA 17013 (7171 243-1965 AFFIDAVIT UF SERVICE I hereby certify that 1 am this date serving a copy of the attached Praecipe to 'l'ransmll Hecord in the above matter on the Defendant. Service by first class mail to: David Yockey c/o Mabel Yockey 279 Deepwood Drive Wadsworth, 011 44281 , I" /' I (" / \_ \f't-f Date ! If! I ' ' '.. " ' 1..,,-- I, j, ,1 t /r'. Ci'. "---1.1 ._-- ,; 'I> / / ~n Wesley Wefgel 11I{ Esq. o East High Street Carlisle, PA 17013 (717) 243-1985 JANE YOCKEY, Plaintiff v. IN TilE COURT OF COMMON PLEAS OF CUMBEHLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAVID YOCKEY, Defendant NO. 95-2999 CIVIL TERM AND NOW, ORDER OF COURT this l.'\1t. day of August, 1995, upon consideration of Plaintiff's praecipe to transmit record 1 and it appearing that twenty days did not elapse between the date of Defendant's acceptance of service of Plaintiff's affidavit under Section 3301(d) of the Divorce Code, and the service of Plaintiff's notice of intention to request entry of divorce decree, a divorce dscres will not be entered at this time, without prejudice to Plaintiff's right to serve a new notice of intention and file a new praecipe to transmit. See Burdick v. Burdick, 41 Cumberland L.J. 64 (1991). BY THE COURT, J. Wesley John Wesley Weigel, III, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Plaintiff Ire I' I.lj\ r r r: ~ f; ';'l 't I , ,i'l { .. l'_. - \,.. S6. W~ "1 III I " '01' , ..