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HomeMy WebLinkAbout02-4803ESTHER L. BOUDER, Plaintiff VS. TIMOTHY J. BOUDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- /-~_~ CIVIL TERM CIVIL ACTION-LAW IN DIVORCE _NOTICE TO DEFEND AND CLAIM RIGHT~ 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 Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 (717) 249-3166 ESTHER L. BOUDER, : Plaintiff : VS. TIMOTHY J. BOUDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ,V£OJ CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(C) AND 330'1(D) OF THE DIVORCE CODF 1. Plaintiff is Esther L. Bouder, an adult individual who currently resides at 401 North Walnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Timothy J. Bouder, an adult individual who currently resides at 802 Torway Road, Gardners, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents 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 on August 7, 1982, in Carlisle, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce, Respectfully submitted, O'BRIEN, BARIC & SCHERER Date:_ I~icl~el A Scherer I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Complaint 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. maslDomestic/Divorce/Bouder\bouder, com Esther L. Bouder ESTHER L. BOUDER, Plaintiff VS. TIMOTHY J. BOUDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4803 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICF AND NOW, this 3rd day of October, 2002, I, Timothy J. Bouder, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and 'attested copy of said Complaint. Tir:notfly J..,Boucler --' ESTHER L. BOUDER, Plaintiff VS. TIMOTHY J. BOUDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4803 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on October 2, 2002. 2. The marriage of the 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 without notice. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: Esther L. Bouder ESTHER L. BOUDER, Plaintiff VS. TIMOTHY J. BOUDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4803 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODF 1. A complaint in divorce under Section 3301(C) ofthe Divorce Code was filed on October 2, 2002. 2. Defendant acknowledges receipt and accepts service of the Complaint on October 3, 2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. //Ti'mo/thy/J. B-ouder ESTHER L. BOUDER, Plaintiff TIMOTHY J. BOUDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4803 CIVIL TERM 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: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Defendant signed an Acceptance of Service form on October 3, 2002. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiffJanuary 2, 2003 , by the defendant January 3, 2003 (b) (1) Date of execution ofthe plaintiff's affidavit required by Section 3301(d) of the divorce code N/A (2) Date of service of the plaintiff's affidavit upon the defendant N/A 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: N/A (b) Date plaintiff's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: January 9, 2003 Date defendant's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: January 9, 2003 Michael A. Scherer, Esquire Attorney for Plaintiff, Esther L. Bouder ST~FE OF ESTHER L. BOUDER, PLAINTIFF VERSUS TIMOTHY J. BOUDER, DEFENDANT IN THE COURT OF COMMON PLEAS C'FCUMBERLAND COUNTY ~ PENNA. NO. 2002-4803 CIVIL DECREE IN DIVORCE AND NOW, DECREED THAT ESTHER L. BOUDER TIMOTHY J. BOUDER AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , lt IS ORDERErS/AND , PLAINTIFF, __, DEFENDANT~ 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 PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff : Defendant : VS. File No. IN DI¥ORCI~ NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the ~.2 day of 3~~ ' ~0~ hereby elects to resume the -- prior surname of . ~ ~_~'~ ~F , and gives this written notice pursuant to the provisions of 54 P.S. S 704. Signature ' Signat6re of ~me being resumed COMMONWEALTH OF PENNSYLVANI COUNTY OF CUMBERLAND SS. On the ~ day of ~.~ , ~0~ , before me, a Notary Public, pe~sonally appe~ed {he 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. I have hereunto set my hand and official In Witness Whereof, seal. Notary Publ{c