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HomeMy WebLinkAbout02-5794JILL A. DAVIS, Plaintiff HAMILTON C. DAVIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW IN DIVORCE PENNSYLVANIA 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 at the Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR AlqNULMENT 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 TUCKER ARENSBERG & SWARTZ Attorney I.D. No. 32551 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF JILL A. DAVIS, Plaintiff HAMILTON C. DAVIS, Defendant CUMBERLAND COUNTY, CIVIL ACTION - LAW IN DIVORCE IN THE COURT OF COMMON PLEAS PENNSYLVANIA COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE sui juris County, 1. Plaintiff is Jill A. Davis, an adult individual who is and resides at 241 Bullshead Road, Newville, Cumberland Pennsylvania 17241. 2. Defendant is Hamilton C. Davis, an adult individual who is sui juris and resides at 521 B West King Street, Shippensburg, Cumberland County, Pennsylvania 17257. The present whereabouts of the Defendant, Hamilton C. Davis, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide in the Commonwealth of Pennsylvania for at least six (6) residents months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married September 2, 1967 in Port Jervis, New York. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised counseling and the right to request that the to participate in counseling. on for of the availability of Court require the parties 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. For such further relief as the Court may determine equitable and just. 54429.1 TUCKER ARENSBERG & SWARTZ By: Sanara L. ~eilton P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Plaintiff Verification I verify that the statements made in this Complaint 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. Jill A. Davis JILL A. DAVIS, Plaintiff HAMILTON C. DAVIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ~ ~"Z_--~?~ C~,~/~-~,., · IN DIVORCE ACCEPTANCE OF SERVICE On behalf of the Defendant in the above matter, I hereby accept service of a time stamped and certified copy of the Complaint in Divorce filed in the above matter. Date: S~'~el L./mde~', Es~e'- P.O. Box 168 Lemoyne, PA 17043 JILL A. DAVIS, Plaintiff HAMILTON C. DAVIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-5794 Civil Term : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ,of the Divorce Code was filed on December 4, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose dghts concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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: Jill A. Davis, Plaintiff JILL A. DAVIS, Plaintiff HAMILTON C. DAVIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-5794 CMl Term : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330'1(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 divome 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 vedfy that the statements made in this affidavit are tnJe and correct. I understand that false statements herein are made subject to the penaltie~ of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 61386.1 Jill A. Davis;, Plaintiff JILL A. DAVIS, Plaintiff VS, HAMILTON C. DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5794 Civil Term IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 12/4/2002 and was served upon the Defendant on or about 12/12/2002 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and 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 HAMILTON C. DAVIS JILL A. DAVIS, Plaintiff VS, HAMILTON C. DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5794 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODF 1. I consent to the entry of a final decree in 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. Section 4904 relating to unsworn falsification to authorities. r7/ o/o. D a~t e,d: r JILL A. DAVIS, Plaintiff VS. HAMILTON C. DAVIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 02-5794 CIVIL TERM PRAEClPE 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 (c) (Strike out inapplicable section). 2. Date and manner of service of the complaint: December 12, 2002, acceptance by counsel, Samuel L. Andes, Esquire. 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 7/31/03 ; by defendant 7/30/03 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 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: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: August 6, 2003 (mailed 8/5/03) Date defendant's Waiver of Notice in {}3301 (c) Divorce was filed with the Prothonotary: August 6, 2003 (mailed 8/5/03) iN THE COURT OF COMMON PLEAS STATE OF JILL A. DAVIS Plaintiff VERSUS HAMILTON C. DAVIS, Defendant OF CUMBERLAND COUNTY NO. PENNA. 0:!-5794 Civil Term DECREE IN DIVORCE AND NOW, DECREED THAT 2003 JILL A. DAVIS AND HAMILTON C. DAVIS __, lt IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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. BY THE COURT: /~ ATTESt: Iij 0/Z~2~-' · [1 '~ ' J. /- ~ PROTHONOTARY