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HomeMy WebLinkAbout99-03604 h f4 w v 0' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF + PENNA. ;° txt, k TINA M AATR i N O. 99-3604 CIVIL TERM VERSUS SCOTT A BAIR DECREE IN DIVORCE AND NOW,_ J u' }iw yrr,L, IT IS ORDERED AND DECREED THAT TINA M. BAIR PLAINTIFF, AND arnTT n BnrR ,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 BY THE COURT: _f. ATTEST: PROTHONOTARY ?? ?' TINA M. BAIR, Plaintiff vs. SCOTT A. BAIR, Defendant IN THE COURT OF COMMON PLEASE CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3604 CIVIL CIVIL ACTION-LAR' IN DIVORCE PRAECIPE TO TRANSMIT RECORD THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: I. Ground for divorce: Irretrievable breakdown under Section (X) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: June 1999 by personal service 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff. November 27, 2001 by Defendant: November 19, 2001 (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: No economic claims have been raised. 5. (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 of Plaintifrs Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: Filed contemporaneously herewith Date of Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Filed contemporaneously herewith JOHN k"U)(CEL, JR. ESQ. is ?- - .J f[1 rn I Pr I/_ I TINA M. BAIR, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-3?Uy L,u, 1?2n SCOTT A. BAIR, CIVIL ACTION - DIVORCE 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 ycu 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, 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6200 TINA M. BAIR, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Y q 36 GY Cu?T SCOTT A. BAIR, CIVIL ACTION - DIVORCE Defendant COMPLAINT UNDER SECTION 3301(c) OR 330101 OF THE DIVORCE CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Plaintiff, Tina M. Bair, by and through her attorney, Gary L. Kelley, and represents as follows: DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Tina M. Bair who resides at 42 Mountainview Terrace, Newville, Pennsylvania 17241. Her Social Security Number 198-56-5078. 2. Deferdant is Scott A, Bair who resides at 175 Meadow Brook Court, New Cumberland, Pennsylvania 17070. His Social Security Number is 159-62-8608. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 9, 1992 at Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The parties are the parents of two (2) minor children under the age of 18 years. 8. 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. 9. Neither party is a member of the United States Military Service or in any branch of the armed forces of the United States or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. 10. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, the Plaintiff, Tina M. Bair, respectfully requests that this Honorable Court enter a decree in divorce divorcing the parties from the bonds of matrimony. Respectfully submitted, t Gary Lf4lley ID No. 801 lJ 132-134 Walnut Street Harrisburg, PA 17101 (717) 238-1484 ATTORNEY FOR PLAINTIFF VERIFICATION I hereby verify that the statements contained herein are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. r ' Date:-_ ??A l49 ?.t ? - t X.. ? °T'T_ =l }? J C I U Q ? t TINA M. BAIR, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-3604 CIVIL SCOTT A. BAIR, CIVIL ACTION-LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Scott A. Bair, hereby swear and affirm that in June of 1999, 1 received a copy of the Complaint in Divorce with Notice to Defend filed on June 14, 1999, to the above term and number. SCO T A. BAIR Date: November 26, 2001 LO :1 l') n? C: 1:1 y ?J J TINA M. BAIR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-3604 CIVIL SCOTT A. BAIR, : CIVIL ACTION-LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the divorce Code was filed on June 14, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree WAIVER OF NOTICE 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. 1 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. 1 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. 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 SCOTT A. BAIR Ln ' -?-? ? '_t 1 - ?? 1. i? ?rl / I :v TINA M. BAIR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-3604 CIVIL SCOTT A. BAIR, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the divorce Code was filed on June 14, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE 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. 1 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. 1 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: Tina M. Bair T .?;. L!) V } l /? . )_., ''- - - l Ci i. f1 ? > ?n ,.. _ !u ? i ?': TINA M. BAIR, Plaintiff vs. SCOTT A. BAIR, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEASE CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3604 CIVIL CIVIL ACTION-LAW IN DIVORCE PRAECIPE The Social Security Number of the Plaintiff is 198-56-5078, and the Social Security Number of the Defendant is 159-62-8608. PURCELL, KRUG & HALLER BY Purcell, Jr. i 1719 North Front Street Harrisburg, PA 17102 Attorney for the Plaintiff JUN 1 4 19990P TINA M. BAIR, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 9S- v? ?'vr /E2n? SCOTT A. BAIR, CIVIL ACTION - DIVORCE Defendant ORDER AND NOW, this day of June, 1999, upon consideration of Plaintiffs Petition For Emergency Relief, it is hereby ORDERED and DECREED that Plaintiffs Petition is GRANTED and Defendant is ORDERED to immediately return the 1994 Pontiac Grand Prix to Plaintiff pe m r-ef-C-ettra. I .? wkjZ, BY THE COURT JUDGE -tL s llt.???2 l t? (_ lJ l -- I J -G .'?'1-t _ /'Yt cy ( lE[( ( CU,P JFIe?S CJd` (rc/ S/CJ 4111/Yf TINA M. BAIR, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-,26,61-1 SCOTT A. BAIR, CIVIL ACTION - DIVORCE Defendant PETITION FOR EMERGENCY RELIEF AND NOW, comes the Plaintiff, Tina M. Bair, by and through her attorney, Gary L. Kelley, and represents as follows: Plaintiff is Tina M. Bair who resides at 42 Mountainview Terrace, Newville, Pennsylvania 17241. 2. Defendant is Scott A. Bair who resides at 175 Meadow Brook Court, New Cumberland, Pennsylvania 17070. 3. The Plaintiff and Defendant are husband and wife and were married on November 9, 1992 at Harrisburg, Dauphin County, Pennsylvania. The parties are presently separated. 4. During the past several years, Plaintiff has been the primary wage earner for the family due to Defendant's inability to maintain steady employment. 5. The parties are presently separated. 6. The parties are the parents of two (2) minor children under the age of 18 years who reside primarily with Plaintiff. 7. Defendant has threatened to take steps to disrupt Plaintiffs employment and have her discharged from her employment. 8. Since the parties' separation, Defendant has repeatedly continuously called Plaintiffs place of employment in an attempt to have her discharged. 9. Plaintiff is employed by a physician's office and the calls are disruptive to the business. 10. Defendant would call the office in excess of ten (10) times daily. H. The physician's office was reluctant to press charges against Defendant and threatened to discharge Plaintiff if the calls would not stop. 12. Plaintiff asked Defendant to stop calling the office and Defendant refused. 13. As a result, Defendant continued calling the office and Plaintiff received a two (2) week suspension because of Defendant's actions. 14. Plaintiffs employment is in jeopardy because of Defendant's actions. 15. The parties are the co-owners of a 1994 Pontiac Grand Prix. 16. The parties have been separated in excess of six (6) months and Plaintiff has maintained possession of the vehicle. 17. During this period, Plaintiff has maintained the vehicle and made all payments. 18. During this same period, Defendant had use of another vehicle. 19. On Thursday, June 10, 1999, Defendant arrived at Plaintiffs employment and took the car without prior warning to Plaintiff. 20. Defendant has the use of another vehicle and has undertaken the instant action for the sole purpose of disrupting Plaintiffs employment. 21. Plaintiff needs the subject vehicle for the purpose of travelling to work. 22. Plaintiff does not have alternative transportation. 23. If Plaintiff misses work, Plaintiff will be dismissed from her employment. 24. Defendant has alternative transportation available. 25. Plaintiff is the primary wage-earner. 26. Without Plaintiffs employment, the minor children will be without insurance coverage. 27. It is in the best interest of justice that this Honorable Court issue an Order directing that the car be returned to Plaintiff. 28. Without this Honorable Court's intervention, Defendant will dissipate the asset, refuse to make payments, and cause the car to be repossessed. WHEREFORE, the Plaintiff, Tina M. Bair, respectfully requests that this Honorable Court enter an Order directing Defendant to immediately return the parties 1994 Pontiac Grand Prix to Plaintiff pending further order of Court. Respectfully submitted, Gary L Iley ID No 46 01 132-134 alnut Street Harrisburg, PA 17101 (717) 238-1484 ATTORNEY FOR PLAINTIFF J VERIFICATION I hereby verify that the statements contained herein are true and correct. 1 understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ; ' t cr Icyl - w^ cv '; l-r CJ ar. c a? C it V ; ? uj 1y; .. ay L) Ql C? _) (l TINA M. BAIR, VS. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA SCOTT A. BAIR, Defendant NOTICE TO THE DEFENDANT: NO. 99-3604 CIVIL IN DIVORCE If you wish to deny any of the statements set forth in this Affidavit, you must file a counteraffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in December of 1998 and will 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. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: May 23, 2001 J?mZ 4En in.. TINA M. BAIR `_ ':? ?? .?