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HomeMy WebLinkAbout02-4601KURT R. ACHENBACH, Plaintiff KRIST1NA M. BEAR, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ::NO. : : 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 of 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. 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 LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 KURT R. ACHENBACH, Plaintiff KRISTINA M. BEAR, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : <5o - qoot : CIVIL ACTION - LAW : : IN DIVORCE COMPLAINT AND NOW COMES Plaintiff, Kurt R. Achenbach by his Attomey, Kenneth A. Wise, Esquire, and respectfully represents as follows: 1. Plaintiff is Kurt Achenbach, an adult individual residing at 131 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is Kristina M. Bear, an adult individual residing at 2627 Bainbridge Road, Apt. C, Bainbridge, Lancaster County, Pennsylvania. 3. Both Plaintiff and Defendant have been bonafide residents in the Commonwealth and County of Cumberland for at least 6 months immediately previous to the filing of this Complaint. 4. The parties were married on December 21, 2000, in Camp Hill, Cumberland County, Pennsylvania. 5. Defendant is not in the military service. 6. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 7. Plaintiff avers that the grounds upon which this action is based is that the marriage is irretrievably broken. Further, Plaintiff avers that Defendant has offered such indignities to the person of Plaintiff, the innocent and injured spouse, as to render Plaintiffs condition intolerable and life burdensome. 8. Plaimiff has been advised to the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests entry of a Decree of Divorce together with costs of suit. Respectfully Submitted, /Kenheth A. 'Wise, Esquire Id. No. 16142 126 Locust Street P. O. Box 11489 Haxrisburg, PA 17108-1489 (717) 238-3838 Attorney For Plaintiff VERIFICATION I hereby verify that the facts averred in the foregoing Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the criminal penalties of 18 Pa.C.S. {}4904, relating to unswom falsification to authorities. KURT ACHENBACH KURT R. ACHENBACH, Plaintiff V. KRISTINA M. BEAR, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4601 Civil CIVIL ACTION - LAW IN DIVORCE MOTION TO AMEND CAPTION AND NOW COMES Plaintiff, by his undersigned counsel, and respectfully moves this Court to amend the caption and sets forth in support thereof as follows: 1. Petitioner herein is Plaintiff, Kurt R. Achenbach. 2. Petitioner is joined in this motion by Defendant, iKfistina M. Bair. 3. Petitioner wishes to change the caption to correct the misspelling of Defendant's surname. Plaintiff desires to change Defendant's surname of "Bear" to "Bair" to correct a misspelling of Defendant's name. 4. Defendant consents to this change as set forth in the attached verified statement of Kristina M. Bair. WHEREFORE, Plaintiff respectfully requests an Order of this Court directing that the caption of this case be amended to change Defendant's sumame in the caption and within the pleadings from "Bear" to "Bair". Date: Respectfully, K~e~'X. Wise, Esq~e Id. No. 16142 126 Locust S~eet P. O. Box 11489 H~sb~g, PA 17108-1489 (717) 238-3838 A~omey For Pl~ntiff KURT R. ACHENBACH, Plaintiff V. KRISTINA M. BEAR, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA : · NO. 02-4601 Civil : · CIVIL ACTION - LAW · IN DIVORCE VERIFIED STATEMENT OF KRISTINA M. BAIR AND NOW COMES Defendant, Kristina M. Bair, who, subject to the penalties provided by 18 Pa. C. S. §4904 (unswom falsification to authorities) deposes and says as follows: 1. My name is Kristina M. Bair, and I am the Defendant in this divorce action· 2. I recognize and agree that my name has been misspelled in the caption of this case and in the Complaint as "Bear" where it should be spelled "Bair". 3. I consent to any motion which Plaintiff chooses to bring to correct the caption and misspellings in the Complaint of my name from "Bear" to "Bair". Date: KRISTINA M. BAIR CERTIFICATE OF SERVICE I hereby certify that I am this day serving a tree and correct copy of the MOTION TO AMEND CAPTION on the following individual by First Class U.S. Mail addressed as follows: Date: q~J~t6~ ~ Ms. Kristina M. Bair 2627 Bainbridge Road Apartment C Bainbridge, PA 17502-9424 By: ~netfi A. Wis~; Esquire Attorney I.D. No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 KURT R. ACHENBACH, Plaintiff V. KRISTINA M. BEAR, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02~4601 Civil : : CIVIL ACTION - LAW : : IN DIVORCE : ; AFFIDAVIT OF SERVICE I, Kenneth A. Wise, Esquire, under penalties provided by 18 Pa. C. S. § 4904 (unswom falsification to authorities) do hereby certify that a true and correct copy of the Complaint in Divorce was served upon the Defendant by certified mail, return receipt requested, restricted delivery, on the 27th day of September, 2002, as evidenced by the original signed retum receipt, number 7000 1530 0005 0139 2217, signed by one "Kristina M. Bair," attached hereto and made a part hereof. Kenneth A. Wise, Esquire Id. No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 rll'l Postage r'"'l Certified Fee ~ Return Receipt Fee i--1 (Endorsement Required) I--I Restricted Delive~ Fee r--i (Endorsement Required) r--i Total Postage & Fees L~ r~ C3 r-1 r~- · items 1, 2, and 3. Also complete cted Delivery is desired. · your name and address on the reverse ~) that we can return the card to you. · Attach thi? card to the back of the mailpiece, or on the '~ront if space permits. 2. Article Number (Copy from service label) A. Received by (Please Pri~ C/early) C. Signature - [] Addressee D. Is delivery address diffemnt fn3m.flem 17 [] Yes 'f YES, enter delivery ~./.~.: [] No 4. Restri~ff~e~? (~ F.) PS Form 3811, July 1999 Domestic Return Receipt 102595-gg-M-1789 KURT R. ACHENBACH, Plaintiff V. KRISTINA M. BEAR, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4601 Civil : : CIVIL ACTION - LAW : : IN DIVORCE .' .- STATEMENT OF KURT ACHENBACH AND NOW, comes Plaintiff, Kurt Achenbach who, subject to the penalties provided by 18 Pa. C. S.§4904, deposes and says as follows: 1. My name is Kurt Achenbach and I am the Plaintiff in this divorce action. 2. I have reviewed the signature of one "Kristina M. Bair". 3. I am familiar with my wife's, Kristina M. Bair's, signature. 4. In my opinion, the signature on the attached return receipt card is that of my wife, Kristina M. Bair. Date: Kurt R. Achenbach KURT R. ACHENBACH, Plaintiff V. KRISTINA M. BEAR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4601 Civil : : CIVIL ACTION - LAW : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301 (c) of the Divorce Code was filed on September 25, 2002. 2. The marriage between 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 in Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unswom falsification to authorities. Kurt R. Achenbach KURT R. ACHENBACH, Plaintiff V. KRISTINA M. BEAR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-4601 Civil : : CIVIL ACTION - LAW : : 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 ifI 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 understand 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 unswom falsification to authorities. Date: ] ~L - ~5'-' Do~_ Kurt R. Achenbach KURT R. ACHENBACH, Plaintiff V. KRIST1NA M. BEAR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND : COUNTY, PENNSYLVANIA : NO. OZ-~ (t~J~- : CIVIL ACTION - LAW ~7 ~113 : : IN DIVORCE JM~ .' .' AND NOW to wit this ~ day of " Z -~~, 20 ~, in consideration of the attached Motion to Amend Caption, as well as the Verified Statement of Defendant, it is hereby ordered that the caption in this case be amended to change Defendant's surname from "Bear" to "Bair", to correct a misspelling in this caption and it is further ordered that references to Defendant as "Bear" in the Complaint shall be deemed to be referring to Kristina M. "Bair". KURT R. ACHENBACH, Plaintiff V. KRISTINA M. BAIR, . Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4601 Civil CIVIL ACTION - LAW IN DIVORCE ~AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on September 25, 2002. " 2. The marriage between 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 ora Final Decree in Divorce a~er 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 unswom falsification to authorities. Date: KURT R. ACHENBACH, · Plaintiff · KRISTINA M. BAIIL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4601 Civil CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENIRY 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is emered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I understand that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. I I _ Kristina M. Bait KURT R. ACHENBACH, Plaintiff V. KRISTINA M. BAIR, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4601 Civil : : CIVIL ACTION - LAW : · IN DIVORCE : Defendant : 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 conceming alimony, division of property, lawyer's fees or expenses ifI 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 understand 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 unswom falsification to authorities. Date: Kurt R: ~chenbacl~r .... KURT R. ACHENBACH, Plaintiff Vo KRISTINA M. BAIR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4601 Civil CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on September 25, 2002. 2. The marriage between 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 in 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: ~urt R. Achen~ach - - KURT R. ACHENBACH, Plaintiff V. KRISTINA M. BAIR, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-4601 Civil · CIVIL ACTION - LAW · IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: U.S. Certified Mail number 7000 1530 0005 0139 2217 accepted September 27, 2002, signed by Kristina M. Bair. A copy of which is attached hereto· 3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: Plaintiff was Party Plaintiff (First) Plaintiff (Second) Defendant Date of Execution December 20,2002 February 15, 2003 January 28, 2003 Date of Filing January 20, 2003 (Monday) February 20, 2003 Febmary 13, 2003 4. Related claims pending: None 5. Indicate the date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said Notice under Section 3301 (c)or 3301(d)(1)(i) or the Divorce Code: Party Plaimiff (First) Plaintiff (Second) Defendant Date of Execution December 20,2002 February 15, 2003 January 28, 2003 Date of Filing January 20, 2003 (Monday) February 20, 2003 February 13, 2003 Date: Respectfully Submitted, /i~e~h A. Wi~e, Esquire Id. No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney For Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ,~. PENNA. NO. 02-4601 - civil Pla ~ ne~ ff VERSUS KRISTINA M. BAIR Defendant DECREE IN DIVORCE AND NOW,~ DECREEDTHAT KURTR.~ IT IS ORDERED AND , PLAINTIFF, KRISTINA M. BAIN AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDiCTiON OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD 1N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY T(H/~ · ATTEST; J, PROTHONOTARY