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Home My WebLink About01-2959 FX -- I l........1 ""~~ ~ ' I - j ,",,"-~-, ~I, ' SUZETTE M. TOTH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA VS. : CIVIL ACTION -LAW ~ NO.2001-J.QS9 CIVIL TERM : IN DIVORCE DAVID M. TOTH, Defendant 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 will proceed without you and a decree in 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 or 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Peunsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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, Pennsylvania 17013 (717) 249-3166 " I I 1- -. , :- " , ,,' \~, , SUZETTE M. TOTH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2001. 29:f'l CIVIL DAVID M, TOTH, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301 (D) OF THE DIVORCE CODE AND NOW comes Suzette M. Toth, plaintiff herein, by and through her attorney, Jacqueline M. Verney, Esquire, and represents the following: 1. Plaintiff is Suzette M. T oth, an adult individual, currently residing at an undisclosed location in Cumberland County, Pennsylvania. 2. Defendant is David M. Toth, an adult individual, currently residing at 100 Hamilton Street, Apt. 21A, Harrisburg, Dauphin County, Pennsylvania 17102. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on August 29, 1998 in State College, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The 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. Having been so advised Plaintiff does not desire the Court to order counseling. -:',~' 7. This marriage is irretrievably broken. , , '.-., "l , , WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divorce. s-- 0--0/ Respectfully submitted, ~e~s~!h. Supreme Ct. ID. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff . ". , I L,_ I, , . "~ VERIFICATION I verify that the statements made in the within Complaint are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. S 4904 relating to unsworn falsification to authorities. Dated: 6",-/ Ei - 0 I 9~~ 1 j I. ,~~""'~",..',,, " '''~l; . . SUZETTE M. TOTH, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO,2001-2959 CIVIL TERM DAVID M. TOTH, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa, RoC.P. 1930.4 (c) COMMONWEALTH OF PENNSYLVANIA ; SS COUNTY OF CUMBERLAND I, Jacqueline M. Verney, Esquire, being duly sworn according to law, deposes and says that she is the attorney for plaintiff, Suzette M. Toth, and that she did serve a true and correct copy of the divorce Complaint that was filed in the above matter, by U.S. mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the defendant, David M. Toth, on May 19,2001. The receipt form is attached hereto as EXHIBIT "A". acq lineM.Vern~E~ 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff Sworn to and subscribed before me this 1 pic day of ,2001. NOTARIAL.SEAL KATHlEENK. SHAULIS, Notary Public Carlisle Bora, Cumberland ColllllY My Commission ExpflllS Dec.22,am .~. " ."~ ~ ,,, . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse .~ that we can return the card to you. -Attach this card to the back of the mailpiece. or on the front if space permits. i, 1, Article Addressed to; i 1M. \) fl-l. "Ic, +j., /06 ffArnlL-fu", 5, A--pi 2-1 A- I+/J.tUlSbU.K'b, /4 n 10"2--- 2. Article Number (Copy from service label) 1o'lCj 32.2-0 06/1 PS Forrt" 38:11,' July 1999' OD 9'7 , Domestic Return'Receipt 0'18'3 x D. Is delivery address d. erent from item 1? If YES, enter delivery address below; 3. Service Type ...DiC.Certified Mail o Registered o Insured Mail o Agent o Addressee DYes ONe o Express Mail o Return Receipt for Merchandise DC.D.D. 4, Restricted Delivery? (Extra Fee) EXHIBIT" A" Ves 102595-00.M-0952 ~- i I If I. ~~ _..~"',! SUZETTE M. TOTH, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA v. CIVIL ACTION - LAW DAVID M. TOTH, Defendant : NO. 2001-2959 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 16, 2001 and served on the Defendant on May 19, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service ofthe 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. 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. Date: '6/~sl O( ~ II .< I I ,I SUZETTE M. TOTH, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA V. CIVIL ACTION - LAW : NO. 2001-2959 CML TERM DAVID M. TOTH, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE I. 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! 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. Date: "3/.J.3JOl ~ David M. Toth, Defendant .~~ L~ _ o ,:.....,~""""'.,_.l"" i SUZETTE M. TOTH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA v. CIVIL ACTION - LAW DAVID M. TOTH, Defendant : NO. 2001-2959 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 16,2001 and served on the Defendant on May 19,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service ofthe 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. 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. ?/3010 ( I Date: o c: <:. -OO~, rnn', :;,~=1" ZC:- ~Z':\ ....-",-- ~,J"" I",. ~~:; ~ -< (:-';) ':/1 (--1'1 -'---0 , " ~" ,--, -:: ('1"'1 ~-- ~-" .- I I I' ; "'<~,~~,," SUZETTE M. TOTH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA v, CIVIL ACTION - LAW : NO. 2001-2959 CIVIL TERM DAVID M. TOTH, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE I. 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 ifI 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 18Pa.C.S. section 4904 relating to unsworn falsification to authorities. nm<o/2Jjq - , z& o ~~ W"'(J C.,~,,' rn;-.;', Z:-:-i: 2~:"'. oJ -~:,: r;:L'., ;:;:,.--, ~g ~ ,i--,- "-"'1''if;.'',1 ,':::) ~l) ';1 "0 :.) , , ':'::---1 ):;-. ::;0 -<< 0"', " I I ~ oUliL~>- ... ~ SUZETTE M. TOTH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION-LAW : NO. 2001-2959 CIVIL TERM DAVID M. TOTH, 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c), 358t (~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Certified mail. return receipt requested, restricted delivery dated May 19, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by sec. 3301 (c) of the Divorce Code: by plaintiff August 30, 2001; by defendant August 23m 2001. (b) (1) Date of execution of the affidavit required by sec. 3301 (d) of the Divorce Code: ; (2) Date of filing and service of the plaintiff's affidavit upon the defendant 4. Related claims pending: None. 5. Complete either (a) or (b). "ue, I J . ",I., (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 sec. 3301 (c) Divorce was filed with the Prothonotary: September 4, 2001. Date defendant' s Waiver of Notice in sec. 3301 (c) Divorce was filed with the Prothonotary: August 27, 2001. ~-<;-()I ~~>k tto ey for Plaintiff 0- Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 ,--0 ~~"",""",i,, ~ ~~~~.''''-'-'"'''-0l:lSl~'''; ~- '_aiI~iiii>liM1":i,,,.;-J~,,&,,,-,t!,,,_C""~{w,.;,,,,,!ii.IM;~I ) ,,'--' ^~',,".& ",".' '- ,~,~,,~~ --" ~~~ " ,., ." ~.'.IlllilIl" "1' ;:f) n1 I '1 .<'- -0 2:.- , U! c ,'-', c:: -~J _.j." - n , :?; (-) ('''', > J:' i..:: 1'.) u ::::; f;- ::<> -< ( D :0,] -< ~" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L' " , ,', .,.,,1,",;, . , '. . . . .. . :+::f.:f. :f. ... . .. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SUZETTE M. TOTH. Plaintiff ~O. 2001-2959 CIVIL TERM VERSUS DAVID M. TOTH, Defendant DECREE IN DIVORCE AND NOW, ~~'1 ,1200, , IT IS ORDERED AND DECREED THAT Suzette M. Toth , PLAINTIFF, AND David M. Toth . 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 ElEEN ENTERED; None ATTEST: PROTHONOTARY . . . . . . ... .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. :".;\, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - " i I' II i Ii ,I I i Ii "~~ ~ ,~,~, 9.0-0/ 9-o-c/ . " .!~\ ..' ~-t1~.~24 ~ '71~ jU~ b ~ ~,~ ;1 T~..,.- ,""~.._"~ ~~m;~,l!fj;!fL"'W?m~~'-~'~""'~''"'''"t",",,,~~~tImlMl~'T~'t'''''W~