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HomeMy WebLinkAbout01-04497 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ABBY M. CUTTING, ~` ` PLAINTIFF VERSUS JOHN M. CUTTING, N O. 2001-4497 CIVIL DEFENDANT DECREE IN DIVORCE AND NOW, ~GCrn.1.-at yr 2Q0~ IT IS ORDERED AND DECREED THAT AND JOHN M. CUTTING ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, 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: ATTES ,J, r PROTHONOTARY ABBY M. CUTTING . .. ~s ~o j ABBY M. CUTTING, Plaintiff v. JOHN M. CUTTING, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-4497 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSNIIT 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 Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Service upon the Defendant via certified mail, restricted delivery on August 2, 2001. 3. (Complete either pazagraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiff November 1.2001 ; by the defendant November 14.2001 (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the divorce code N/A (2) Date of service of the plaintiff s affidavit upon the defendant 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: not applicable (b) Date plaintiffl s waiver ofnotice in Section 3301(c) divorce was filed with the Prothonotary: _ November 15.2001 the Prothonotary: Date defendant's waiver of notice in Section 3301(c) divorce was filed with David A. Baric, Esquire Attorney for the Plaintiff, Abby M. Cutting © ~ _~~ ~ ~'r -'' _;: =-<< c.~ - ~^ - _ ,... cN ~'t..: _ - ~~~ v ~, t ~ e r r "~ ^~ ~ ~~ C~ ~0 ABBY M. CUTTING, Plaintiff v. JOHN M. CUTTING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001- ~~~7 CIVIL TERM CIVIL ACTION-LAW 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 aze 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Baz Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-316b ABBY M. CUTTING, Plaintiff v. JOHN M. CUTTING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001- LI t{ q ~ CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(Cl AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Abby M. Cutting, an adult individual who currently resides at 440 Barnstable Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is John M. Cutting, an adult individual who currently resides at 838 South Pine Street, York, York County, Pennsylvania. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 18, 1999, in Cumberland County, Pennsylvania. COUNT I -DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital properly. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCH R ~~ DATE: Z U , David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717)249-6873 dab.dir/domestic/cutting/complaint.pld VERIFICATION I verify that the statements made in the foregoing Complaint 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 DATED: D ABBY M. CUTTING, Plaintiff v. JOHN M. CUTTING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-4497 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I, David A. Baric, Esquire, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card. 'BRIEN, BARIC & SC R BY ~ ~~ David A. Baric, Esquire DATE: November 21, 2001 ^ Complete items ~, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or onthe front if space permits. 1. Article~Atldressed to: .John m~ ~uth`~~ . 3$ So u~- P nc' Sfi'~" ~ ~ar~, P~ »~~ 2. S~FoNn~3811~, duly, t9ss', received by (Please Print Clearly) B. C. ^ Agent ^ Address item t? ^ Ves slow: ^ No 3. S rvice Type Certified Mail ^ F~cpress Mail Registered ^ Return Receipt.for Merchandise ^ Insured Mail ^ C.O.D. 4. Res[dcted Delivery? (Extra Feel yes ... sr ,. ... .. 102595-00-M-0952 ,~ ~-: ~ F ~~ " t m~ r/ - "~« °~ ;_ _,_ ;~ ~ '< ; «]`~ __ ` -_ ; - -~ __- ; ~~ '~~ ~'h1 ln1 ABBY M. CUTTING, Plaintiff v. JOHN M. CUTTING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001- 4497 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C~ OF THE DIVORCE CODE A complaint in divorce under Section 3301(C) of the Divorce Code was filed on July 26, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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 falsificafion to authorities. Date: ~~ ~ ~'b c~ ~' c - ' -o~~ C, ~, -; L~ r cn ,~:. ,. ~., ~" ~' ~ , =~? - ..ca -< ;`~` $,~i, ABBY M. CUTTING, IN THE COURT OF COMMON PLEA5 OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2001- 4497 CIVIL TERM JOHN M. CUTTING, CIVIL ACTION-LAW Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 26, 2001. 2. Defendant acknowledges receipt and accepts service of the Complaint on August 2, 2001. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a fmal decree in divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require cotunseling. I do not request that the court require counseling, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: I ( 0 ~ JegtrM. ng C7 C? i~ C -` -'~ _ ~iJ ~ :~ t ~ jai T' ... ~ ~ J ~ ^ . ~ M ~ ~. "a Lj ' ~~~~ r `} i {~ 7J ^~ E$~ { '~S Q~ . . ABBY M. CUTTING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2001-4497 CIVIL TERM JOHN M. CUTTING, CIVIL ACTION-LAW Defendant IN DIVORCE PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw Count II of the Complaint In Divorce filed on July 26, 2001 relative to the above-captioned matter. Respectfully submitted, O'BRIEN, BARK & SCHERE ~~ z ~ ~ Date: David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717)249-6873 Attorney for the Plaintiff Abby M. Cutting dab.dir/domestidcuttiug/withdraw.pra ~~ C Cr ->., <i ~ TJ F i G ~ - _. ~; ~ . c! r.; ~f ~:" s -~: ~s e £"s ~" ~Q