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HomeMy WebLinkAbout01-04925 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ~ ~ -• ANTHONY L. NELSON „ NO. 01-4925 VERSUS SUSANNE NELSON DECREE IN DIVORCE AND NOW, OCTOBER 3 I 2001 ~ IT IS ORDERED AND ANTHONY L. NELSON DECREED THAT , PLAINTIFF, SUSANNE NELSON AND ,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; None p E!v Tuc !`~~ ion-. ~~ IL, /o•I~II ANTHONY L. NELSON :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA .. 01-~f4~5' v. :: NO. 01-425 CIVIL TERM SUSANNE NELSON .. IN DIVORCE PRAECIPE TO TRANSNIIT 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(c) ) (3301(4)(1) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: Personal service 8/23/01 -amended complaint, acceptance of service 9/12/01 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 by defendant (b) (1) Date of execution of the plaintiff s affidavit required by Section 3301(4)(1) of the Divorce Code: 8/21 /01 ; (2) Date of service of the plaintiff s affidavit upon the defendant: 9/15/01 4. Related claims pending: None 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(4)(1) ofthe Divorce Code: 10//01 rances H. Del Duca, Esquire °1 i M , 1 ~ ~i ~ ~~ ~ -1^ ~ ' L ~--. .J .-~ l CJ . "~ - -T ~ .~ 4 G { %' 'y: ...5 ~' ts,. +n;.:ewvmc~.^uw<,^s,`~3'x hS-'~]ex+`1... ANTHONY L. NELSON :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA v. :: NO. DI-~/QRS CIVIL TERM SUSANNE L. NELSON .. 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 proceed without you and a decree of 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 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 COURTHOUSE, CARLISLE, PENNSYLVANIA, 17013 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 ~-Frances H. DeI Duca o`~~5, 10 West High St. Carlisle, PA 17013 Dated: ~allG/ :„ ANTHONY L. NELSON :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA v. :: NO.p/-NRa$ CIVIL TERM SUSANNE L. NELSON .. 1N DIVORCE COMPLAINT UNDER SECTION 3301L1 OR 3301(4) OF THE DIVORCE CODE 1. Plaintiff is Anthony L. Nelson, who resides at 134 North Hanover Street, Apartment 1, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Susanne Nelson, who resides at Box 138, Roaring Springs, Blair County, Pennsylvania, 16673. 3. Plaintiff Anthony L. Nelson has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The plaintiff and defendant were married in November 1997 in Spring Lake, North Carolina. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. ~~iwc¢ o ~~ "Frances H. el Duca, Esq. Attorney for Plaintiff Dated: ~„n~10/ -. 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 10 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: („~ ~, li/~_ B-~~~ ~ ~ ~thony L. Nelson :, , ANTHONY L. NELSON :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA v. :: NO.OI-y9o`t$ CIVIL TERM SUSANNE L. NELSON .. IN DIVORCE NOTICE AND AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. 1. The parties to this action separated August, 1998 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statements made in this affidavit are true and correct. U understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: ~o'i//a/ ~ ~, - ~''L thony L. Nelson :,, ANTHONY L. NELSON :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA v, :: NO.O/- ~l~aS CIVIL TERM SUSANNE L, NELSON .. IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii), or both): _ (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counteraffidavit 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. NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. Dated: "/a/~~ l Anth y L. Nelson :a . ri ~7}~ 0 ~ ~~ ~Y,. ~ ~ -=; w ~ , ~~ C`F -~ 7'T h~ -~ _ _, _r a ~.: -, , _~, r-. «, ANTHONY L. NELSON :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA v. :: NO. 01-4925 CIVIL TERM SUSANNE NELSON .. 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 proceed without you and a decree of 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 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 COURTHOUSE, CARLISLE, PENNSYLVANIA, 17013 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 (l lh~ Frances H. Del Duca #06269 10 West High St. Carlisle, PA 17013 Dated: ~-/-TU/ ANTHONY L. NELSON :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA v. :: NO. 01-4925 CIVIL TERM SUSANNE NELSON .. IN DIVORCE AMENDED COMPLAINT * COMPLAINT UNDER SECTION 33010 OR 3301(dl OF THE DIVORCE CODE 1. Plaintiff is Anthony L. Nelson, who resides at 134 North Hanover Street, Apartment 1, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Susanne Nelson, who resides at 217 Filbert Street, Apartment 12, Milton, Pennsylvania, 17847. 3. Plaintiff Anthony L. Nelson has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The plaintiff and defendant were married in November 1997 in Spring Lake, North Carolina. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. Frances H. Del Duca, Esq. Attorney for Plaintiff Dated: ~ ~~ ~°D ~ *See Exhibit "A" 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 10 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: ~y~/0/ j ~' (/`~(~ ~.._ . Susanne Nelson 217 Filbert Street Apt 12 Milton, PA, 17847 August 27, 2001 Frances H. Del Duca Attorney At Law Ten West High Street Carlisle, PA 17013 Dear Sir, In reply to your divorce papennrork dated 8/21/01, N0.01-4925, Anthony L. Nelson v. Susanne L. Nelson. I talked to Mr. Nelson on 8/23/01, when he tried to get me to sign this paperwork. I explained to him that Suzanne L. Nelson is not my correct name, and that such important documents as these, need to have my correct name on them. I went to Yocum's Motor Sports Shop to have these notarized, and he won't do it because of the name discrepancy. You may contact him at S. Front & Lower Market Street, MiRon, PA 17847. (570) 742-4706. My full correct name is Susanne Nelson. There is no middle name or initial, and no z in my name. Thank you, ,,,~:~-~,r,aa:m~,Le I Susanne Nelson E7ffiIBIT "A" „. ~ ~^~ in ~ 'O Q; ~ ~r = -"'"' ~ ..~« T_ ~=~C l ~ ~ r.~ ~~ ~ 'T.? Ui -< .138_ .0 SA~~'sPY.+- ~ ~Sa-~~ ~ a.i#~i-r s _ _ ANTHONY L. NELSON :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA .. y9.2S v. :: NO. Ol-49z~5 CIVIL TERM SUSANNE NELSON .. IN DIVORCE AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA :. SS COUNTY OF CUMBERLAND ANTHONY L. NELSON, being duly sworn according to law, deposes and says that he is the Plaintiff in the above divorce action and that he served the Complaint in Divorce in the above matter on the Defendant, Susanne Nelson, by hand delivering a true and correct copy of said Complaint to her on August 23, 2001, at the Domestic Relations Office, Northumberland County, 370 Market Street, Sunbury, Pennsylvania. 1. ~- ony L. Nelson and sworn to before me thisaay of ~ , 2001. otary Pub Mv-aaa~ee~. Peom,~li, 'dew b'~e.Msanae°o~ooo _ r} __ ._, " ~ i%j t: v~ a__ YL' `~ ' ' ~ ' i C. ;_ Yy _~ ~I ( _ L ~} `V ..1 -~ r:x~{.nr kk?.i`x'TW'::e.'fY'1Y313M.i1[}. $•'-3i.•~YRan ANTHONY L. NELSON :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA v. :: NO. 01-4925 CIVIL TERM SUSANNE NELSON .. IN DNORCE ACCEPTANCE OF SERVICE AND NOW, this ~'lk`2 day of September, 2001, I hereby aacknowledge receiving a copy of the Amended Complaint in Divorce filed to the above term and number. I agree to the amendment of the complaint to omit the middle initial in my name and to correct my address. ~wwAA3~o Susanne Nelson and sworn to before me this ~a~tn"day of~};` , 2001. NMarlal 3eflt DaWtl A. Yocum, Nbtery Public Milton eoro, NorthumberlarW County My Commission ~zplroa Apr, 8, ao02 Member, Pennsylvenla Aasoclatian Of Nnlarl86 c ~~ -_. ~, ~ ~[~ C' - - - ---~ - ~_ , -[~ f ~_. ., a ^: ,`~ .. rtp::~.~? na.N~&~~i;LVW-%i~:"iE"+~t2ck`:.§EJ..~iSSRiRiR .. _. ki _, ... ,:... ANTHONY L. NELSON :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA v. :.: NO. ~O1-4R'25 CIVIL TERM SUSANNE NELSON .. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) AND 3301L) OF THE DIVORCE CODE 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 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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: /~~6~0~ ~„_,= ~. ~~ Anthon L. Nelson ~ C3 d CJ 'U Cx- C7 mrr; :~ s; _,j ;; _; <nr. a* - - -t ~ ~ , .. T _- C ) D C _- _-. ;-r. ° ~i ~ 3- f V ~ -c; ANTHONY L. NELSON :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA .. ~~ v. :: NO. 01-4925 CIVIL TERM SUSANNE NELSON .. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(cl AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 1. (a) The correct date of our marriage is December 27, 1996, in Lillington, Harnett County, North Carolina, not as stated in the Complaint. 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 Affidavit 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. Date: 02 ~' ~r~ o i ~~ ~~~ ~, :~ / l~t~c Susanne Nelson, Defendant C~ ~=~ .~ G. -- : o ~' Li; C'7 _ _. ~ : '. _ Cr. _ f-'~: (: .... -:.i~: -~ ~ -. hJ _ .., ~~~ y»~n a -T..~a ~,ar~-ems -r-~* s F:*~sx s •.5c:,e~iwa=a4Rwx~cY'., ANTHONY L. NELSON :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA v. :: NO. 01-425 CIVIL TERM ©i- H9~ SUSANNE NELSON .. IN DIVORCE AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA :. COUNTY OF CUMBERLAND :: SS FRANCES H. DEL DUCA, attorney for plaintiff, being duly sworn according to law, deposes and says that she is an attorney having her office at Ten West High Street, Carlisle, Pennsylvania, and that she is admitted to practice in the courts of Cumberland County; that she served a notice of the intention to file praecipe to transmit the record, a copy of which is attached, by ls` class mail on October 4, 2001, and same was received by defendant Susanne Nelson. Information for the vital statistics form was sent by Susanne Nelson in the stamped self-addressed envelope enclosed with the Notice of Intention to File praecipe to transmit the record and was received in this office on October 10, 2001. Frances H. Del Du~ squi SUBSCRIB~E-~D~ and sworn to before me thi~~ "'day of October, 2001. Notary Public e~pipsanleB9L gyp, '"PIVLiC `~ a1 ~ -~ - mrn _-., z r-. v>._: ti, cr, J ~y r'r,_> ~ - ~7 _. : c --. ~V K ANTHONY L. NELSON :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA v, :: N0. O1-4Q25 CIVIL TERM SUSANNE NELSON .. IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(D) DIVORCE DECREE TO: Susanne Nelson Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file acounter-affidavit to the § 3301(d) affidavit. Therefore, on or after October 25, 2001, the other party can request the court to enter a fmal decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or acounter-affidavit by the above date, the 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. The filing of the form counter-affidavit does not protect your economic claims. 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, PA 17013 717-249-3166 FRANCES H. DEL DUCA ATTORNEY A7 LAW TEN WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013-2 9 2 2 ApEA CODE ili 249-1323 October 4, 2001 Ms. Susanne Nelson 217 Filbert St, #12 Milton, PA 17847 Dear Ms. Nelson: I've enclosed one more notice. Please note we will request the Court to enter the decree on October 25, 2001. It will probably be signed the following week. Would you please fill in the information needed which we have shaded in yellow and return to me in the stamped self-addressed envelope. This information is required for the final filing. Sincerely, Frances H. Del Duca FHD/s Encls. ANTHONY L. NELSON :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA v. :: NO. 01-4925 CIVIL TERM SUSANNE NELSON .. IN DIVORCE COUNTER-AFFH)AVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ~/ (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _/~ (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counteraffidavit 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. NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFH)AVIT. Dated: ~ ~5,~ ~v~ ~''~'"''~0 "`~`~ ~ Susanne Nelson c c~ ~- -- -:~ ^~ L:. a.~ ~ U?..~~ C„ . _n '~ C., __i _.~~ ~`` il.J :-:~~~~ - :_.i - y " -S7 C r! .Y£+mTh'u"P F A ;•-.`3~ - 4'. -6E.'~r' r`~"ARk4 ~ :XiTIE "a°~~~ei4;$~$.