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Home My WebLink About95-06439 :* ~ o e ,•. ,• '~ I (el THE COURT OE COM MOM PLEAS ~ s `~ OE CUIVaBERLAND COUNTY p .. • STATE C°?F q~~.` , PENNA. ,_~ ~~. - ,, c :, • JOHN LEWIS SWEGER - ---- 95-6439 CIVIL TERM ~ (~ ......................... ................. -PLAINTIFF - -- ~ , ; Vef•sus ~~ f ;i; BERNICE DECKER SWEGER DEFENDANT ~ .. •• o o .' .• DECREE IN :. ;, DIVORCE ~ ~ ~,• os q. Nt ;; ,., ~ ~'~' .. r.~.......... , 19~~ ... , AND NOW, ......... . it is ordered and :- ., .! decreed that .......... • JOHN LEWIS SWEGER .................... ...... .plaintiff, • BERNICE DECKER SWEGER and ............................................... . .... .... .defendant, ,•, are divorced from the bonds of matrimony. ,. `< e 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; '°•' •. NONE i ,. .. ,; ~- - I3y rt ~9 'i .. :r - - - _ -- - - -- - - :, Attest: CGS 7F' J~~~e J. ; e ~~1 ~ Ill - S~ - -~ t~ /liJ~ _ !/ - - ~ ,~~i, 4~~~~ ,' /~ Prothonotary •, •. ,~ Y JOHN L. SWEGER, Plaintiff v. BERNICE D. SWEGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW IN DIVORCE NO. 95-6439 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Original Complaint November 20, 1995 by United States mail, certified restricted delivery, return receipt requested, postage prepaid. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff ; by defendant (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: March 23, 1998; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: March 23, 1998. 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: April 15, 1998 (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Laura A. Austin Certified Legal Intern i ~-~ Katherine C. Pearson Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717} 243-2968 JOHN L. SWEGER, Plaintiff v. BERNICE D. SWEGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW IN DIVORCE NO. 95-6439 CIVIL TERM CERTIFICATE OF SEROICE I, Laura A. Austin, hereby certify that I have served a true and correct copy of the Praecipe to Transmit Record and Vital Statistics Form on Bernice D. Sweger, residing at 12 Victory Drive, Mechanicsburg, PA 17055, by first class U.S. mail, postage prepaid, the ~ ~ ~~ day of May, 1998 . ,, ~ ;~ 9~` l ~_. Laura A. Austin Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 JOHN L. SWEGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE BERNICE D. SWEGER, Defendant : NO. 95- (~~ f j ~ CIVIL TERM 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, Cumberland County Courthouse, Carlisle, Pennsylvania. 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. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717/240-6200 JOHN L. SWEGER, Plaintiff v. BERNICE D. SWEGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE NO. 95- CIVIL TERM COMPLAINT UNDER 23 Pa.C.S. § 3301(c) OF THE DIVORCE CODE The plaintiff, John L. Sweger, by his attorneys, the Family Law Clinic, sets forth the following cause of action: 1. Plaintiff is John L. Sweger, who currently resides at 122 Oak Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Bernice D. Sweger, who currently resides at 122 Oak Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on December 28, 1974 at Boiling Springs, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that plaintiff or defendant may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the marriage. Date ~ ~ 13- `~~ _ .~..c.l~~>~q,~ Nicholas J. Craig Certified Legal Intern TI~OMAS M. PLACE ROBERT E. RAINS KATHERINE C. PEARSON Supervising Attorney GAIL R. SHEARER Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 JOHN L. SWEGER, Plaintiff v. BERNICE D. SWEGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE NO. 95- 6~C/_~~ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow John L. Sweger, Plaintiff, to proceed in forma pauperis. I, Nicholas J. Craig, Certified Legal Intern, of the Family Law Clinic, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. !1 ~ 1 Date: Il-/3-q5 t~~~ , Nicholas J. Craig Certified Legal Intern ROBERT E. RAINS THOMAS M. PLACE KATHERINE C. PEARSON Supervising Attorney GAIL R. SHEARER Staff Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (71?) 243-2968 Fax: 243-3639 JOHN L. SWEGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE BERNICE D. SWEGER, Defendant : NO. 95- CIVIL TERM AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: John L. Sweger Address: 122 Oak Hill Road, Carlisle, Pennsylvania 17013 Social Security No: 198-30-1643 (b) Employment If you are presently employed, state Employer: N/A Address: N/A Salary or wages per month: N/A Type of work: N/A If you are presently unemployed, state Date of last employment: Disabled Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or profession: N/A Other self-employment: N/A Interest: N/A Dividends: N/A Pension and annuities: N/A Social security benefits: SSI- $88.85 per month Support payments: NIA Disability payments: SSDI- $518.00 per month Unemployment compensation and supplemental benefits: N/A Workman's compensation: NIA Public Assistance: Medical Access Other: Food Stamps- $93.00 per month (d) Other contributions to household support (Wife)(Husband) Name: NIA If your (wife)(husband) is employed, state Employer: NIA Salary or wages per month: NIA Type of work: NIA Contributions from children: N/A Contributions from parents: NIA Other contributions: NIA (e) Property owned Cash: NIA Checking account: NIA Savings account: Orrstown Bank, current balance $0.52 Certificates of deposit: NIA Real estate (including home): N/A Motor vehicle: 1982 Plymouth Reliant Cost- $120.00 per month Stocks; bonds: NIA Other: N/A (f) Debts and obligations Rent: $245.00 per month Car Insurance: $141.00 per month Car Payment: $120.00 per month Utilities: $ 66.00 per month Laundry: $ 13.00 per month Other: (g) Persons dependent upon you for support Wife- Name: Bernice D. Sweger Children, if any: N/A Name: Age: Other persons: N/A Name: Relationship: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 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. Date, _ ~_ `~ ~~ ~ ,~,~/ < cam/ %I'' ,/~- ~~.~ John L. weger JOHN L. SWEGER, Plaintiff . v. BERNICE D. SWEGER, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 95-6439 CIVIL TERM 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, Cumberland County Courthouse, Carlisle, Pennsylvania. 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, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JOHN L. SWEGER, Plaintiff v. BERNICE D. SWEGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 95-6439 CIVIL TERM AMENDED COMPLAINT IINDER 23 Pa.C.B. S 3301(D) OF THE DIVORCE CODE The plaintiff, John L. Sweger, by his attorneys, the Family Law Clinic, sets forth the following cause of action: 1. Plaintiff is John L. Sweger, who currently resides at 12 Victory Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Bernice D. Sweger, who currently resides at 12 Victory Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on December 28, 1974 at Boiling Springs, Pennsylvania. 5. The Plaintiff and Defendent currently still reside in the same dwelling. Both Plaintiff and Defendent have other relationships and have not lived as Husband and Wife since September 1995. 6. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marriage. Date ~/a:~ / 9~ ;~i~-- ~~~,.~`~, Laura A. Austin Certified Legal Intern KATHERINE C. PEARSON Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 1"%013 717/240-5204 VERIFICATION I verify that the statements made in this Amended Divorce Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. r; ~ ~ 9, ~- Date : ~ ~- v ,~ < ,~~ OH L. SWEGER ~ G ~. ., JOHN L. SWEGER, Plainitiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DNORCE BERNICE D. SWEGER, Defendant NO. 95-6439 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(dl OF THE DIVORCE CODE 1. The parties to this action separated in September 1995, and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. 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 are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. i~ - ' .- ~~ ~~ ~~~ Date , -~ ~ c-~ ~~~. {,~-~-c , ~~ ~, „ ~ j _ ::. %~ John L. Sweger ~ ~ ~ - - -- . • ~~` < a ~ _--ti 7• fit. -~'. -fi _ YK i t ~-.,el~1 ~ ~ . . - ~ f ~ ~ - ; ~ G~ ~ C~ ~ r' i--' ~ 7 ' { -. S1 j ~ y.+ ~ ~ JOHN L. SWEGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. : IN DIVORCE BERNICE D. SWEGER, : Defendant : NO. 95-6439 CIVIL TERM CERTIFICATE OF SERVICE I, Nicholas J. Craig, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of said Complaint in Divorce on the defendant, Bernice D. Sweger, residing at 122 Oak Hill Road, Carlisle, Cumberland County, Pennsylvania 17013, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid, this 20th day of November, 1995. . ~ ____~ 1 icholas J. Craig Certified Legal Intern Z 2~1 ~9y. X54 Receipt for Certified Mail No Insurance Coverage Provided ~~ Do not use for International Mail ureo sr~res vostn srav¢c ICnn Rovarcel rn L 0 O •70 a Sent to r Street a'~nd~~No. 1 ,L~f P.O., State and ZIP Code h~~~l~ -P (~i3 Postage ,~S Certdled Fee / r /~~ Special Delivery Fee Restricted Delivery Fee . ~ t~ j / Ret !R~~~ t Showing to RY" ate were t / eL~it Showin to om, a an dt<eSSee's A dre Postage ° pJ +' 5.50 P tmar Dat .. M ^ ~ SENDER: • Complete items t andlor 2 foditional services. ~ • Complete items 3, and 4a & b. • 'Print your name and address on tFke~ tevarse of thra so that we can ... ; . , a ~ return this card to you. . Attach this form to the front of the mailpisce, r# on the back if sp e ~ m ~ does nrR Permit. • Write "Return Receipt RequestOd"' 01+ • The Return Receipt will show to whoi» article ~!. ~ aro n da ~ delivered. ~ Article Addressed tos f~ 3 /Jj - c~~ ~ . E g~~~~ r~. ~ ~~ ty,.,...{~ Ti ~ .~ ^~ ft rni 1~~ OaK 4-E, l t ~° a ~~.;~ 'Os n F~ (Addressee) 1 also wish to receive the following services (for an extra ~ feel: m 1. ^ Addressee's Address y a 2. (Restricted Delivery o ~ ~dnsult postmaster for fee. cle Number a 25 ~~ ~ m . Y e TYPe CC s erect ^ Insured ~ ^ COD ied ~ ; turn Receipt for asc MaiV ^ .. ~ ~ ~^4.s. 8. Addressee's handise c O (Only if requested ~ W t F~ 6. Signature (Agent) ~' DOMESTIC RETURN RECEIPT T PS Fnrm 11, December 1991 aU.S. GPO:19~i-352-~t4 JOHN L. SWEGER, Plaintiff v. BERNICE D. SWEGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE NO. 95-6439 CIVIL TERM CERTIFICATE OF SERVICE I, Laura Austin, hereby certify that I have served a true and correct copy of the Amended Complaint under 23 Pa.C.S. §3301 (d) of the Divorce Code and the Plaintiff's affidavit on Bernice D. Sweger, residing at 12 Victory Drive, Mechanicsburg, PA 17055, by certified, restricted U.S. mail, return receipt requested, postage prepaid the C.X~~' day of March, 1998. Laura Austin Certified Legal Intern Z 332 848 91,7 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail /See reverse) tto ~ ~ ~_ r I iiC~_ ~ .~U ~Pf ~Nr Street & N mbar ,~~~~~cr~_ Cir~~~', o OffSce, State, i£ 21P ode Postage $ ~ ~~ Certified Fee / ~% Spedal Delivery Fee ` Restricyeti Delive Fee " ~ - ~ ' R§tUm eipt Show , 7~_ ~ ~ o Dat T ~) a Q eN ec ' Slwwing to Date, Ad essee's Add ,~ ~ / TOT ees ;'J J t''~ ost rl~r to o u_ !`., ' d FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 o SENDER: v ^Complete items 1 and/or z for additional services. I also wish to receive the a ^Complete items 3, aa, and ab. following services (for an ~ ^ Print your name and address on the reverse of this form so that we can return this ~Xtra fee ~ card to you. rt? -~nn` f i ~ y _ ~ ^Attach this form to the front of the mailpiece, or on the bads if apace d t ~~ ~C[HU~~~ m permit. at ^Write'Retum Receipt Requested' on the mailpiece below the article n V ~ ^The Return Receipt will show to whom the artide was delivered and the date c delivered. Consult postmaster for fee. a 3. Article Addressed to: 4a. Article Number i ~ ~ -'1 [ G a ~e r r i I ~ ~ I; . ~ L~.' ~"~~ r- ~5 ~ E 4 . Service -~~, ~~ ~~ t~:r~,,, i, r ivy. ^ EXgr se~Tlf IED ,~ i ~, , r r ~'' ~ __ ^ p s a I [~i ~ ~ ~ ~ L ~:, r~%~L, r ~ « G ~ '' '~- ' ` ' '~ ` ~ , ,. ~ ~-- ^ Return Receipt for Merchandise ^ COD ~ ~°~~'`~ -' ~ 7. Date of Delivery~~~ »°. ~../S C ~ 5. ceived By: (Pript~Name) ~ 8. Addressee's Address (Only if requested 'r ~ ~nd fee is paid) r c 6. Signature: (Addressee or.~4gent) ~ ~` X PS Form 3811, December 1994 ioz5ss-s~-B-ons Domestic Return RPrpint C ; - ..-~ ` ;~ ~J i L, l ~\~ 1 4 w~,C~ r1 r~ i 4 ' _ ~,,.iJ '....3~ __~ ~~~ JOHN L. SWEGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE BERNICE D. SWEGER, Defendant : NO. 95-6439 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 13, 1995. 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 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. Date C~~ ~i ~ ~o ~.~'~ L S~~ ~~ ~~ John Sweger, Plaintiff f'~ ., _.~ ~„ ?~ ~: ~J ~s ' __ _ - } it ~~a isi Gr JOHN L. SWEGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE BERNICE D. SWEGER, Defendant : NO. 95-6439 CIVIL TERM 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 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 'l~ `~- /' ~s ? ~ ~/T ~ ~~ John Sweger, Plaintiff d. Y w.. Z ~_~ Y~ t JOHN L. SWEGER Plaintiff v. BERNICE D. SWEGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE NO. 95-6439 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO BERNICE D. SWEGER: You have been sued in an action for divorce. You have failed to answer the complaint or file a counteraffidavit to the plaintiff s affidavit. Therefore, on or after May 11, 1998, the plaintiff can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counteraffidavit 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 ask for economic relief. A COUNTERAFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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, Pa. 17013 717-249-3166 JOHN L. SWEGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION -LAW IN DIVORCE BERNICE D. SWEGER, Defendant NO. 95-6439 CIVIL TERM D_ EFENDANT'S COUNTER-AFFIDAVIT UNDER ~3301(d) OF 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), (ii) 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. () (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. r I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. 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. §4904 relating to unsworn falsification to authorities. Date Bernice D. Sweger NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. JOHN L. SWEGER IN TAE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW IN DIVORCE BERNICE D. SWEGER Defendant NO. 95-6439 CIVIL TERM CERTIFICATE OF SERVICE I, Laura A. Austin, hereby certify that I have served a true and correct copy of the Notice of Intention to Request Entry of Divorce Decree and the Defendant's Counter-Affidavit under 3301 (d) of the Divorce Code on Bernice D. Sweger, residing at 12 Victory Drive, Mechanicsburg, PA 17055, by regular first-class U.S. mail, postage prepaid on this the 15th day of April, 1998. 1 R Laura A. Austin Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 r'~ `\ ;-~ ..~ - : _- ~ ~_-,- _:, ( 1 f ;7 ".'1 ^G ~ ~~`~~~ JOHN L. SWEGER, Petitioner v. BERNICE D. SWEGER Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE NO. 95-6439 CIVIL TERM ORDER OF THE COURT AND NOW this ~ day of ~ ~, 1998, upon consideration of the attached Petition to Amend the Divorce Complaint and the Amended Complaint, the Court Orders that the Petition to Amend the Divorce Complaint is granted and that service upon the Respondent, Bernice D. Sweger, of the Amended Complaint be ~„~:~, Pte. c.~.:.a. ~,,,.~..~,~.,-.~ , y ~ ~~ , ~ /~-~~ ~ ~- .w- By the Court, 7. - _ ., _ - ,, . !... _, ~... r '' _ _ ._~~::v ~~ ~ , _~ ,. - : , _. JOHN I,. SWEGER PlaintifflPetitioner v. BERNICE D. SWEGER Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN DIVORCE NO. 95-6439 CIVIL TERM PETITION FOR LEAVE TO AMEND COMPLAINT IN DIVORCE PURSUANT TO PA. R.C.P. 1033 To the Honorable Court: AND NOW, the petitioner, John L. Sweger, by his attorneys, The Family Law Clinic, files this Petition for Leave to Amend Complaint in Divorce pursuant to Pa. R.C.P. 1033 and sets forth the following: 1. A Complaint in Divorce was filed by the petitioner on November 13, 1995, pursuant to Section 3301(c) of the Divorce Code. 2. The petitioner served the respondent with the Complaint in Divorce on November 22, 1995. 3. Respondent failed to consent to a divorce under Section 3301(c) of the Divorce Code. 4. Petitioner subsequently waited for the two year period of separation to expire for purposes of satisfying the requirements of Section 3301(d) of the Divorce Code. 5. The petitioner and respondent currently still reside in the same dwelling. Both parties have other relationships and have nct lived as husband and wife since September 1995. 6. The Petitioner requests permission to serve the Amended Complaint by regular U.S. mail, postage prepaid. WHEREFORE, the petitioner prays this Honorable Court to grant leave for petitioner to amend his Complaint in Divorce to include grounds under Section 3301(d) of the Divorce Code. Respectfully submitted, Date ~- l a 3 9~ ~1 G~~.. ~ 1u- l ~F(.~;. ~. ~ .tc. ~-v Laura A. Austin Certified Legal Intern KATHERINE C. PEARSON Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: 243-3639 VERIFICATION I verify that the statements made in this Petition to Amend the Divorce Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. t~ Date ~ .:~ ~~ ~--' ' ~,.-~~ HN L. SWEGER JOHN L. SWEGER, Plaintiff v. BERNICE D. SWEGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE NO. 95-6439 CIVIL TERM CERTIFICATE OF SERVICE I, Laura Austin, hereby certify that I have served a true and correct copy of the Petition for Leave to Amend the Divorce Complaint on Bernice D. Sweger, residing at 12 Victory Drive Mechanicsburg, PA 17055, by U.S. mail, postage prepaid, on the ~ % day of February, 1998. Laura Austin Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 t ~ JOHN L. SWEGER, Plaintiff v. BERNICE D. SWEGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 95-6439 CIVIL TERM AMENDED COMPLAINT IINDER 23 Pa.C.B. C 3301(D) OF THE DIVORCE CODE The plaintiff, John L. Sweger, by his attorneys, the Family Law Clinic, sets forth the following cause of action: 1. Plaintiff is John L. Sweger, who currently resides at 12 Victory Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Bernice D. Sweger, who currently resides at 12 Victory Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on December 28, 1974 at Boiling Springs, Pennsylvania. 5. The Plaintiff and Defendent currently still reside in the same dwelling. Both Plaintiff and Defendent have other relationships and have not lived as Husband and Wife since September 1995. v 6. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marriages. Date ~. Jl ~1 QL~ ~4 / 1L~-L~~'~' ~ L L~ti Y~ Laura A. Austin Certified Legal Intern KATHERINE C. PEARSON Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 1?013 717J240-5204 ~ r VERIFICATION I verify that the statements made in this Amended Divorce Complaint are true and correct to the best of my personal knowledge and belief. 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 : J--= ~ ~' / `1r `~ , ~, -r~c~ ;~ ./~ ~ LL ~~ - ~ O L. SWEGER ' ,. `4 \~ 'V C` ? - :~~:, __-~ , ~ - -n 4~ .~~ ^``;~ ~ .. :- .-~ t tJ