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HomeMy WebLinkAbout03-1621LYNNE A. MILLER, ) Plaintiff ) ) ) ) ) BENN E. MILLER, ) Defendant ) NOTICE TO DEFEND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03- /~/ CIVIL TERM IN DIVORCE AND CLAIM RIGHT~ You have been sued in court. If you wish to defend against the claims set forth in the oregoing pages, you must take prompt action. You are warned that if you fail to do so, the may proceed without you and a decree in divorce or annulment may be entered against 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, may request marriage counseling. A list of marriage counselors is available in the Office the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 1 7013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 1 701 3 Telephone: (717) 249-31 66 LYNNE A. MILLER, ) Plaintiff ) ) ) ) ) BENN E. MILLER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03- CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELIN(" THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in :e with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this ist is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you your spouse. If you desire to pursue counseling, you must make your request for counseling within :wenty days of the date on which you receive this notice. Failure to do so will constitute a of your right to request counseling. 2 LYNNE A. MILLER, Plaintiff VS. BENN E. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03- /~,2,/ CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, LYNNE A. MILLER, by her attorney, ~amuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is LYNNE A. MILLER, an adult individual who currently resides at 1- 106 Richland Lane, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is BENN E. MILLER, an adult individual who currently resides at 9 Halleck Drive, East Berlin, York County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Common- wealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 27 October 1990. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the ~)ivorce Code of Pennsylvania. Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 I verify that the statements made in this Complaint are true and correct. I understand :hat any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 unsworn falsification to authorities). LYI~NE A. MILLER 4 LYNNE A. MILLER, VS. BENN E. MILLER, PLAINTIFF DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1621 CIVIL TERM ,IN DIVORCE ACCEPTANCE OF SERVICF I, BENN E. MILLER, hereby accept service of the original Complaint in Divorce and acknowledge receipt of a copy of the Complaint. BENN E. MILLER LYNNE A. MILLER, VS. BENN E. MILLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1621 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 9 April 2003 and served upon the Defendant on or about 25 April 2003. 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 15 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date /¥N E A. MILLER/ LYNNE A. MILLER, VS, BENN E. MILLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1621 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on ~) April 2003 and served upon the Defendant on or about 25 April 2003. 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 BENN E. MILLER LYNNE A. MILLER, VS. BENN E. MILLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1621 CIVILTERM 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 Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date BENN E. MILLER LYNNE A. MILLER, VS. BENN E. MILLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1621 CIVIL TERM IN DIVORCE _WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODi 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 Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date L~'~/N'E A. MILLER / LYNNE A. MILLER, VS, BENN E. MILLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1621 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. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Acceptance of Service filed by Plaintiff's .counsel indicatinR service on or about 25 April 2003 on Defendant. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 23 December 2003 By Defendant: 13 December 2003 -- (b) (1) Date of execution of the Affidavit required by Section 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 Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 23 December 2003, filed contemporaneously herewith, Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 13 December 2003, filed contemporaneouslv herewith, ~!~Jam[}el L.A-~l~es ' - Attorney for Plaintiff iN ThE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF LYNNE A. I,~TLT.~, Plaintiff VERSUS ~E. iVkTT,T.RR, Defendant PENNA. NO. 03-1621 CML DeCrEE iN DIVORCE AND N OW ,~--'~~ DECREED THAT LYNNE A. M/T,T,RR AND B~] ~.. ,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; BY THE~UrT~~ ATTEST~ J. PROTHONOTARY LYNNE A. MILLER, Plaintiff VS. BENN E. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1621 CIVIL TERM IN DIVORCE NOTICE TO RESUME PRIOR SURNAMF NOTICE IS HEREBY GIVEN that LYNNE A. MILLER, Plaintiff in the above matter, having been ranted a Final Decree in Divorce on the 30th day of December, 2003, hereby elects to resume the rior surname of LYNNE ANN WYANT, and gives this written notice pursuant to the provisions of 54 ~.S. §704. LS~Nature of Name Being Resur~ NE ANN WYANT ;OMMONWEALTH OF PENNSYLVANIA ) ( SS.: ,~OUNTY OF CUMBERLAND ) On the Z7%ay of ~-c~vt~2004, before me, the undersigned officer, personally appeared -YNNE A. MILLER, known to me (or satisfactorily proven) to be the person whose name is signed to :he within Notice to Resume Prior Surname and acknowledged that she executed the foregoing for :he purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public