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HomeMy WebLinkAbout07-10370 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Aileen Larie Heikel Plaintiff vs. No. _D~ 1~.3~ James Edward Heikel, Jr. , Defendant 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 or relief requested in these papers by Plaintiff. You may lose money, property or other rights important to you, including the right to demand marriage counseling. When the ground for divorce is indignities of irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary for Cumberland County: pA 173 /-~ -- Q9D -9/D~' IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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: Cumberland County Bar Association Lawyer Referral Service Adams Co., Gettysburg: (717) 334-6781 Allegheny Co., Pittsburgh: (412} 261-0518 Armstrong Co., Kittanning: 724-548-3251 Beaver Co., Beaver: (412) 728-4888 Bedford Co., Bedford: 814-623-4833 Berks Co., Reading: (610) 375-4591 Blair Co., Hollidaysburg: (814) 693-3090 Bradford Co., Towanda: (570) 265-1705 Bucks Co., Doylestown: (215) 348-9413 Butler Co., Butler: (724} 284-5214 Cambria Co., Ebensburg: (814) 472-1636 Cameron Co., Emporium: (814) 468-3355 Lackawanna Co., Scranton: (570) 969-9600 Lancaster Co., Lancaster: (717) 393-0737 Lawrence Co., New Castle: {724) 656-2143 Lebanon Co., Lebanon: (717) 274-2801 Lehigh Co., Allentown: {610) 433-7094 Luzerne Co., Wilkes-Barre: {717} 822-6712 Lycoming Co., Williamsport: (570) 327-2251 McKean Co., Smethport: {814) 887-3270 Mercer Co., Mercer: (724) 342-3111 Mifflin Co., Lewistown: (717) 248-8146 Monroe Co., Stroudsburg: (570) 424-7288 Montgomery Co., Norristown: (610) 279-9660 FAMILY DIVISION Aileen Larie Heikel Plaintiff ' No. ~~- 1d 37 vs. James Edward Heikel, Jr. Defendant ' DIVORCE Enola 1. Plaintiff is Aileen Lars d drat this address atl least s nce OctOober 1 gg3in Lane , Pennsylvania 17025. She has re 2. Defendant is James Edward d d at th•s address at least since Septembe~2006 Lane, Enola, Pennsylvania 17025. He has rest 3. Both the Plaintiff and Defendant ~ thef f n9 of this Complaint is in the Commonwealth for at least six months immediately previous 4. The Plaintiff and Defendant were is Coun o of C mberland ~ 1 g$g' at Enola Emmanuel ty United Methodist Church, Enola, Pennsylvan , 5. Neither Plaintiff nor Defendav cemembe s~l'Civ I Relief Act of 2003fand it namendmentsr its allies within the provisions of the Se 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff is aware of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. An original copy of the marriage certificate is attached. taint, Plaintiff 10. After ninety (90) days have elapsed from the date of filing of this Comp intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant will also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to §3301 (c) of the Divorce Code. / Plaintiff (Self ReNrese ) Date FAMILY DIVISION Aileen Larie Heikel Plaintiff ' No. 0 ~" ~03~ vs. James Edward Heikel, Jr. Defendant ' DIVORCE VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my knowledge, information and belief. I understto unswornlfalsif cat on to authoritiese1n are subject to the penalties of 18 PA. C.S., §4094, relating , d 3 D7 ,~DD~~ ~1~ ~ ~'~~ C,~c~ Plaintiff Date ° Q ~~ ~: ~' ~ ~ ~ {~~ ~~ ~^"~ jjj T ~ -~ {'~ ~ t ~ ~ _ ~ ~ i .~' ~ J ~~ FAMILY DIVISION Aileen Larie Heikel Plaintiff ' No. _ I ~~ vs. James Edward Heikel, Jr. DIVORCE Defendant ' AFFIDAVIT OF NON-MILITARY SERVICE Personally appeared before me the unde dl dul d authorized to elxecute this Affidavit, and and State, Aileen Larie Heikel, for the Plaintiff an Y states that the Affiant knows of his or hCeoawn knowledge that the Defendant Ja ees d w s defined in the Servicemember's Civil Relie aA and Heikel, Jr. herein is not in the military sere g Ouse was home ev ry Y 2003 and its Amend made yr th any fmilitary personnel easons: Sp there was no contac Affiant further says that the obligation sought to be enforced in this suit is not an obligation a suret guarantor, endorser, or other person liable, primarily or secondarily, for a party in against Y the military service. f l ~ ~ ~,y~ i~ `C~Q. n _ R 11~~~""' - ( ~~l Plaintiff IN WITNESS THEREOF, 1 have hereunto set my hand and seal. ~ ~ ~,,' -7 ~~ Dated: ~ h! ~ ~ f `~ °?'~' az~11 OTARY PUBLIC ,,vivtmuNiNEALTH 01= PENNSYw„~•~• ~~~ ~ry Public Tina M. Robertson. East Pennsboro Twp., Cumberland County ~ ~nrn~~n empires Nov. 15, 2007 Member, Pennsylvania Assoaation Of Notaries E ,} N ~ d -.L3;~. ..,,~ '.. ~ 7 . . ~ t ~ y l. ~~ ~. (. f~ ~ •_i "'~ ~ T -~. ;.~ ~~ c_'- W ~j t'rr :~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Aileen Larie Heikel Plaintiff vs. James Edward Heikel, Jr. , Defendant D ~1- l D ~~ No. Case Number DIVORCE ACCEPTANCE OF SERVICE I, James Edward Heikel, Jr. , hereby state that I have accepted service of a true correct coy of the (,}1~/DI'Ce Com~1kY1~ (document) in the above captioned matter on x S (date) by (a) Certified Mail sent to the following address: (b) Personal Service. This document was hand-delivered by: C~1;,~e?n~ (Q,Y~e 1-~ec Ke( whose age is ~_ and address is D 3 1~-lDU ~Q1-rl l.Q-'1e ~~1~~ ~~ t?D a5 x efe~ nt ~ r.a `y, ~_ ~ ~ ~ -' ~ ` ' '' ~-r _ 1 sr~_~ ~ r ' ~;' . C1 3 _) ~ _' ~ ;" .. ~-# .3: ` "": IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Aileen Larie Heikel Plaintiff vs. James Edward Heikel, Jr. Defendant No. Case Number DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed and served on ~ 25 ~"' 200 (date). 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 notice of intention to request entry of the decree. 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. ~~ n ~ Date Plaintiff SWORN and SUBSCRIBED to before me this day of , Notary Public .'C3`, -" i ~-~ ~' _ 44 «~C ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAMILY DIVISION Aileen Larie Heikel Plaintiff . vs. No. Case Number James Edward Heikel, Jr. Defendant . . DIVORCE AFFIDAVIT OF CONSENT 1. complaint in Divorce under Section 3301 (c) of the Divorce Code was filed and served on ~Cb 25 2CX~-'I (date). 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 notice of intention to request entry of the decree. 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 grant Date fendant RN and SUBC D to before his day of votary ruquc r-3 Q-~t't r~ ~ -~ s G , ~~ ~~ .e~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Aileen Larie Heikel Plaintiff l~" / vs. No. Case Number James Edward Heikel, Jr. Defendant DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C) AND §3301 (D) To the Prothonotary: 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property. Lawyer's fee or expenses if 1 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 statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA C.S. § 4904, relating to unswor falsification to authorities. Date efendant C~ ~ p "' L'~ t._. ~ '''~ „r` ~_ ~ L~i:3 . = ~ ~ ` ~ t +~7 ~... T "~ ~` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Aileen Larie Heikel Plaintiff vs. James Edward Heikel, Jr. , Defendant No. Case Number DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C) AND §3301 (D) To the Prothonotary: 1. I consent to the entry of a final decree without notice. 2. t understand that I may lose rights concerning alimony, division of property. Lawyer's fee 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 statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA C.S. § 4904, relating to unsworn fals~ ication to authorities. ~--~ 4 ~ ,~ 1 ~ ~ ~ ~!._7 A ,~`- ~~1t..~ J~C ~ .-fin .~{ Date Plaintiff r.a o ~ ~ r i.r ~~, S ~ ~ ~' r- ^~ .T "'T "} L 7 °},_ ,r T'' y_~ ~ ^'~`y '~^~ .1' •~.' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION NO. CIVIL TERM To the Prothonotary: PRAECIPE TO TRANSMIT RECORD 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) 3301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: ~~ 25~ Zda'7 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 J ~ ~~~,~'7 by defendant ~~~~~~''7 (b) (i) Date of execution of the affidavit re~gruired by §3301 (d) of the Divorce Code: J V (2) Date of filing and service of the plaintiff's affidavit upon the respondent: ~f~ 4. Related claims pending: ~r~ 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: ~ ~~~'~r? (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: J l ~~l L^'? Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: ~~~~ ~ ~' 1 r ,~ Attorney for Plaintiff /Defendant ~ ~ ~ -fit ~ __,, ~'! C ~~._ ~ Tt M -- ~ ~ ~~~ ~~ ~ .~ ~,. ~ C,1"1 C - I N THE GOU RT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ,/~ ~ r 1 ~ .~ ,, .:: 1~ I ~~~1~1 LQY~~. ~t-Gt ~~ VERSUS ~Q ~d ~~d 4-~er. fie.! ~r DECREE IN DIVORCE AND NOW, ~ !-` `~ IT IS ORDERED AND DECREED THAT ~ I I'~cl~ LL~r« ~~ u~ PLAINTIFF, AND ~Q~fYIeS ~~~~ T ~~~~ ~r• 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; ~~ BY TH E/COU ATTEST: J - PROTHONOTARY ~° -, ~ .