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HomeMy WebLinkAbout03-1016PATRICIA A. BOWERS, Plaintiff GEORGE E. BOWERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- It3ll~ CIVILTERM 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 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, Cumberland County Court House, Carlisle, Pennsylvania. 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorneys for Plaintiff PATRICIA A. BOWERS, Plaintiff Vo GEORGE E. BOWERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, the above-named Plaintiff by and through Law Offices of Peter J. Russo, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinai~er more fully set forth: 1. Plaintiff is an adult individual domiciled at 15 Walnut Street, Carlisle, Cumberland County, Pennsylvania and is a citizen of the United States. 2. Defendant is an adult individual residing at 203 Charles Street, Carlisle, Cumberland County, Pennsylvania and is a citizen of the United States. 3. Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for 14 years and has resided continuously therein for at least six months prior to filing of this Complaint. York. 4. Plaintiff and Defendant were married on May 6, 1967 in Cattaraugus County, New o o 7. its allies. 8. 9. There are no children of the parties under the age of eighteen (18). There has been no prior action for divorce by either party against the other. Neither Plaintiff nor Defendant is in the Armed Forces of the United States or any of Plaintiff avers that the marriage between the parties is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling, but does not request the same. 10. Plaintiff and Defendant have property which will be subject to a property settlement agreement addressing support issues, which will be filed herein at the appropriate time. WHEREFORE, Plaintiff, Patricia A. Bowers, prays that a decree be entered in favor of the Plaintiff and against Defendant dissolving the marriage between the two parties. Date: /~, ~ a 00,.3 By: Respectfully submitted, Law Offices of Peter J. Russo, P.C. Scott A. Stein, Esquire 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attomeys for Plaintiff PATRICIA A. BOWERS, Plaintiff GEORGE E. BOWERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- IN DIVORCE CIVIL TERM VERIFICATION I, Patricia A. Bowers, ;verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to Unswom Falsification to Authorities. Date: Patricia A. Bowers LAW OFFICES OF PETER J. RUSSO, P.C. SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorneys for Petitioner PATRICIA A. BOWERS, Plaintiff Vo GEORGE E. BOWERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 2003- 1016 IN DIVORCE CML TERM PETITION TO CONTINUE INSURANCE action. 3. AND NOW, COMES, the above-named Plaintiff by and through Law Offices of Peter J. Russo, P.C., and files the within Petition to Cominue Insurance, and in support thereof, avers as follows: 1. Petitioner is Patricia A. Bowers, the plaintiff in the above-captioned divorce action. Respondent is George E. Bowers, the defendant in the above-captioned divorce Prior to the parties' separation, Respondent had maintained policies insuring the life and health of Petitioner, Patricia Bowers. 4. These policies were originally purchased during the marriage and are in the effective control of Respondent. 5. Respondent has threatened to discontinue medical insurance for Petitioner. 6. Said actions would be inappropriate in light of the iment of the Divorce Code. BBDLPC8A. 8. The medical insurance is with Aema Insurance Company, policy number If Respondent has already terminated said policy, he should be required to obtain comparable coverage. 9. Pursuant to Section 3502(d) the Court may: Direct the continued maintenance and beneficiary designation of existing policies insuring the life or health of either party which were originally purchased during the marriage and owned by or within the effective control of either party. Where it is necessary to protect the interests of a party, the court may also direct the purchase of, and the beneficiary designations on, a policy insuring the life or health of either party. 10. Additional authority for entry of an order directing maintenance of health insurance is provided by 23 Pa. C.S.A. §4324, which provides that where a complaint for support or alimony pendent lite is pending, the Court may direct one spouse to provide health care coverage to the other where the coverage is available as a benefit of employment or at a reasonable cost, and by 23 Pa. C.S.A. §4326, which mandates that health care coverage be provided for children where it is available at reasonable cost. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant the within Petition to Continue Insurance. By: Respectfully submitted, Law Offices of Peter J. Russo, P.C. ~collt ~A. Stein, EsqUire Attorney for Petitioner LAW OFFICES OF PETER j. RUSSO, P.C. SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorneys for Petitioner PATRICIA A. BOWERS, OF Plaintiff PENNSYLVANIA GEORGE E. BOWERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTy, C/VIL ACTION. LAW NO. 2003. IN DIVORCE CML TERM I, Patricia A. Bowers, verify that the statements made in are ~'ue and correct. I understand the foregoing document penalties of 18 Pa.C.S. that false statements made herein are subject to the {}4904 relating to Unswom Falsification to Authorities. Date: Patricia A. Bowers ¸.i PATRICIA A. BOWERS, Plaintiff GEORGE E. BOWERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- 1016 IN DIVORCE CIVIL TERM ORDER OF COURT AND NOW, to wit, this ?~ y_ day of June, 2004, in accordance with the foregoing Petition to Continue Insurance, the petition is granted and Defendant is ordered to maintain health insurance coverage on the Plaintiff, or if such coverage has already been cancelled, shall obtain coverage which shall be comparable to what was carried at the time of separation with such cost of coverage to be maintained byDefendant until further .o,~der c~f court. ~ PATRICIA A. BOWERS, Plaintiff V. GEORGE E. BOWERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- IN DIVORCE CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: George E. Bowers Defendant You have been sued in an action for divorce. You have failed to answer the Complaint or file a counteraffidavit to plaintiffs affidavit. Therefore, on or after July 15, 2004, the plaintiff can request the Court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a counteraffidavit by the above date, tlcte Court can enter a final decree in divorce. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief. A COUNTERAFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. }'age USPS - Track & Confirm ~ UNITED ST/JTES PO~ TaL SERV~E. Track & Confirm Current Status Track & Confirm Enter labet numbe~ You entered 0300 1290 0008 0001 1980 Your item was delivered at 3:55 pm on July 12, 2004 in CARLISLE, PA 17013. S~i~ ~ls > Notification Options Track & Confirm by email What is this? Track & Confirm FAQs POSTAL INSPECTORS Preserving the Trust site map contact us government services Copyright © 1999-2002 USPS. All Rights Reserved, Terms of Use Privacy Policy http://trkcnfrml .smi.usps.com/netdata-cgiJdb2www/cbd_243 .d2w/output 7/13/2004 PATRICIA A. BOWERS, OF Plaintiff PENNSYLVANIA GEORGE E. BOWERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION - LAW NO. 2003 - CIVIL TERM IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in th~s affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit 1~ been served on you or the statements will be admitted. PLAINTIFF'S AIeFIDAVIT UNDER Section 3301, (d) OF THE DIVORCE CODE 1. The parties to this action separated in October 2001) and have continued to live separate and apart for a period of at least the time period specified in Section 3301(d) of the Divorce Code. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divoree is granted. I verify that thc statements made in this affidavit are lXUe and con. ct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Patricia A. Bowers Plaintiff De~end~nt COMMONWEALTH OF . PENNSYLVANIA COUNTY OF: ~,~ ~RIMINALfEQUITY ACTION: DOCKET NUMBER''~ ~'~ ~ ~ AFFIDAVIT OF SERVICE I, Roger C. Spitz, being duly sworn according to law, do hereby affirm that I am not a party to the action or otherwise interested in the subject matter in controversy, I am over 21 years of age and I am a Constable duly authorized trader the laws of the onwealth of Pennsylvania; that on the / ~:~ day.of ~:fi~.r', [ ~ -~ '-- _ /~ a ra,~.~., I servea ~aocumem serv ~/.~? _ at (place of service) ~.~¢~ ~/~f/e-~ ~-' ~ r in the manner described below: ~ Personally delivered it into the hands of the person to be served. [ ] Personally delivered it to an adult family member with whom that person resides. The relationship to the person to be served is. ' r [ ] Personally delivered it to an agem or person m cha~rge of the person s office o usual place of business. [ ] personally delivered it to an agent in charge of the apartment building where the person resides. [ ] Other: Description of Recipient Sex: f/0 Skin Color: Facial. Hair: Height (approx.): Hair Color: ~/~e'~ Weight (approx.): Pemtsylvania State Constable Cumberland County ID #: BOO1517 LAW OFFICES OF PETER J. RUSSO, P.C. SCOTT A. STEIN, ESQUIRE PA Supreme Court 119:81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 PATRICIA A. BOWERS, Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF Plaintiff V. GEORGE E. BOWERS, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 2003- 1016 CIVIL TERM 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(d)(1) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint served on George E. Bowers by Certified Mail, with return receipt requested, restricted delivery and by first class mail on March 5, 2003 . Service was also made by constable on April 17, 2003. The certified letter was refused by the Defendant, but the regular first class mail letter was not retumed. A true and correct copy of the Constable's Affidavit of Service is attached. 3. Date of execution of the plaintiffs affidavit required by Section 3301(d) of the Divorce Code: June 2 2004 . Date of filing and service of the plaintiff's affidavit upon the respondent: June 15, 2004 . 4. Related claims pending: None 5. Date and manner of service of the notice of intention to file praecipe a copy of which is attached: ~004 . Respectfully submitted, ~,,/,5./ Scott A. Stein Date: l) t~ Attorney for Plaintiff IN THE cOURT OF cOMMON PLEAS OF CUMBERLAND COUNTY STATE OF PATRICIA A. BOWERS Plaintiff VERSUS GEORGE E. BQj4ERS PF_N NA. 2003-1016 DECREE IN DIVORCE AND NOW,__ ~l~-J~v~ ~ DECREED THAT ~ICI5 A. AND GEORGE E. BO]~ ,~_.d~O~[, IT 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;