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HomeMy WebLinkAbout02-5430NEALS. WEST, Plaintiff KATHERINE E. WEST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish t,o 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 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 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, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAVVYER'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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013/) (717) 249-3166 //,.,/ / ,/ Delano M. Lan~z~ Pamela L. Purdy 100 Pine Street, P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 NEAL S. WEST, KATHERINE E. WEST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. (Da. - IN DIVORCE OOMPLAINT Divorce Under 3301 (c) or 3301(d) of the Divorce Plaintiff is Neal 8. West who currently resides at 1942 Chatham Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Katherine E. West who currently resides at 5021 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. Plaintiff and Defendant were married on June 25, 1977 in Washington, parties. 6. 7. There have been no prior actions of divorce or for annulment between the The marriage is irretrievably broken. The grounds on which the action for divorce is based are: A. Section 3301(c): The marriage of the parties is irretrievably broken. After 90 days have elapsed from the filing of this Complaint, it is believed the parties will file Affidavits of Consent to a divorce. 8. Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives his/her right to such counseling. 9. Plaintiff requests the court to enter a decreE; of divorce. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. McNEE~LLACE & NM'J~ICK LLC Delano M. La~tz I. D. #21401 100 Pine Street P. O. Box 1166 Harrisburg, PA 17105-1166 (717) 232-8000 Attorneys for Plaintiff -2- VERIFICATION I verify that the statements made in this Complain! 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. Neal S. West Dated: -3- NEALS. WEST, Plaintiff ' KATHERINE E. WEST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5430 CIVIL · IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of Defendant and certify that I am authorized to do so. Dated: SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. By I./~i ~. Se~iratell~ ~080 Ling~estown Road Harrisburg, PA 17110 Attorneys for Defendant NEAL S. WEST, Plaintiff KATHERINE E. WEST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5430 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT OF DEFENDANT A Complaint in Divorce under {}3301(c) of the Divorce Code was filed on November 8, 2002 and served on November 13, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of the 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: February ,2003 215-48-8388 (Social Security Number) NEAL S. WEST, Plaintiff Mo KATHERINE E. WEST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-5430 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODF 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: February ,2003 Ka~h~:ine E. West, Defendant NEAL S. WEST, Plaintiff KATHERINE E. WEST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5430 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT OF PLAINTIFF A Complaint in Divorce under {}3301(c) of the Divorce Code was filed on November 8, 2002 and served on November 13, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of the 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. Neal S. West, Plaintiff Date: March c~ ,2003 219-68-.4479 (Social Security Number) NEAL S. WEST, Plaintiff KATHERINE E. WEST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5430 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (c) OF THE DIVORCE CODF 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 si 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: March ~tp , 2003 Neal S. West, Plaintiff NEAL S. WEST, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff · NO. 02-5430 CIVIL KATHERINE E. WEST, Defendant · 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 a Divorce: 23 Pa. C.S. §3301(c) - Mutual Consent - Marriage irretrievably broken. 2. Date and Manner of Service of the Complaint: Date of service was November 13, 2003· The Complaint was served upon counsel for Defendant on or about November 12, 2002. An Acceptance of Service was signed by counsel for Defendant and dated November 13, 2002. The original Acceptance of Service was filed of record in the Office of the Prothonotary of Dauphin County on November 20, 2002. 3. Date of Execution of the Affidavit of Consent Required by Section 3301(c) of the Divorce Code: By Neal S. West (Social Security Number 219-68-4479): March 26, 2003 By Katherine E. West (Social Security Number 215-48-8388): March 15, 2003 4. Related Claims Pending: No claims were raised. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: March 27, 2003.; Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: March 19, 2003 ., 5. Pursuant to Paragraph 4 of the Marital Settlement Agreement between the parties dated January 16, 2003, Plaintiff requests that the terms of the Settlement Agreement be incorporated, but not merged, into the Divorce Decree. McNEES WA'L~CE & NURICK, LLC · Del~no M. LantzL ' '~ I.D. No. 21401 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5348 Attorneys for Plaintiff Dated: April 1, 2003 ~' ~' PLEAS IN THE COURT OF COMMON Of CUMBERLAND COUNTY STATE Of PENNA. NEAL S. WEST~ .......................................... ......................................... Plaintiff N ¢) .... 02..~ 5.~.30...C IV. II~ ............ 19 Versus KATHERINE E. WEST, .................... DECREE IN DIVORCE AND NOW, ...... -/./~ ........... x~.~.QQ~., it is ordered and plaintiff, decreed that .....~.~1.3, .we~c ................................. and .....Katherine. ~.. west .................................... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of r cord in this action for which a final order has not yet been entered; ~,~~_ . .IT...I.S..F.U.R.T.H.E.R..O.Rp..E.R.E.D..t.h.a.t..t~%e..t.e. rfgs..~ .~q~i~i~q~ .~f. ~h~ .~g~¢¢~¢o~. b~¥een .2.0.0.3..ar:e .incaxporated. n , .but.not.merged.w±th, · ~h~. porkier, d~ed. J~r~u~r.y..1.6.,. e~ this Decree in Divorce. .............. ~ --.-~" ,, (~/ .......... i~gt~;;;i'~',:~; ....