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Home My WebLink About03-2647TIMOTHY G. BURKHOLDER, Plaintiff CLAUDIA J. BURKHOLDER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0.t- CIVIL ACTION - LAW NO. CIVIL TERM 1N DIVORCE NOTICE TO DEFEND 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 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, High and Hanover Streets, Carlisle, PA. 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 Phone: (717) 249-3166 or (800) 990-9108 TIMOTHY G. BURKHOLDER, Plaintiff CLAUDIA J. BURKHOLDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c} & 3301(d) ,OF I'HE DIVORCE CODE 1. Plaintiff is Timothy G. Burkholder, who currently resides at 85 Airport Road, Shippensburg, Cumberland County, Carlisle, Pennsylvania, 17257. 2. Defendant is Claudia J. Burkholder, who currently resides at 20 Round Hill Road, Apartment #2, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on July 18, 1998, in Franklin County, Pennsylvania. 5. There have been no prior actions ofdivome or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Date: Respectfully submitted, Mark F. Bayley, E'sr~e 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, [elating to unswom falsification to authorities. ~~/~ ffTir~hy Burl4holder, Plaintiff TIMOTHY G. BURKHOLDER, Plaintiff CLAUDIA J. BURKHOLDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce on behalf of the Defendant, Claudia J. Burkholder, in the above-captioned action and I certify that I am authorized to do so. Date: By: Galen R. Waltz, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Vs : File No. Defendant : : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one l~y marking "x"] X prior to the entry of a Final Decree in Divorce, or __ after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of -~hOlS'~x% , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNrVOF ~q*,~i~ ) ~y o~~ 200£ before me, the Frothonot~ or the On the notary public, personally appeared the~bove affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official Notary Public LNOTARIAL SEAL T,~MMY BUE H~'LMAN, Nota~ Public ~i~lber~burg, Franklin County ~ Expires Oct. 31, 2005 TIMOTHY G. BURKHOLDER, Plaintiff CLAUDIA J. BURKHOLDER, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2647 : CIVIL ACTION- LAW :IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 4, 2003, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 TIMOTHY G. BURKHOLDER, Plaintiff CLAUDIA J. BURKHOLDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2647 : CIVIL ACTION- LAW :IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 4, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 CLAUDIA J. BURKHOLDER TIMOTHY (3. BURKHOLDER, Plaintiff CLAUDIA J. BURKHOLDER, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2647 : CIVIL ACTION- LAW :IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301(c) OF THE DIVORCE CODE 1. 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 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 THE FOREGOIN(3 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 TIMOTHY G. BURKHOLDER, Plaintiff CLAUDIA J. BURKHOLDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2647 : CIVIL ACTION- LAW :IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. ! 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 THE FOREGOING 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 CLAUDIA J. BURKHOLDER TIMOTHY G. BURKHOLDER, Plaintiff CLAUDIA J. BURKHOLDER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce on behalf of the Defendant, Claudia J. Burkholder, in the above-captioned action and I certify that I am authorized to do so. Date: TIMOTHY G. BURKHOLDER, Plaintiff CLAUDIA J. BURKHOLDER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2647 CIVIL ACTION- LAW 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 § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: June 6, 2003, Affidavit of Service served upon Galen R. Waltz, Esquire, attorney for Defendant. 3. Date of execution of the affidavit of consent required by § 330t(c) or The Divorce Code: by the Plaintiff June 8, 2004; by the Defendant June 8, 2004. 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: June 10, 2004. Date: June 10,2004 Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 87663 IN THE COURT OF COMMON OF CUMBERLAND COUNTY Timothy G. Claudia J. STATE OF Burkholder Plaintiff VERSUS Defendant PENNA. DECREE IN DIVORCE /~ ' Burkho lder AND Claudia J. Burkhold~ ARE DIVORCED FROM THE BONDS OF MATRIMONY, 03-2647 AND NOW, DECREED THAT Timothy G. PLEAS , IT IS ORDERED AND ,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 ENTI::-RED; None BY THE COURt. J ATT~/TE~: ' / ' J. / ! ~OT/,~"'OTARY