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Home My WebLink About03-5007NICOLE L, BOYER, Plaintiff JEFFREY A. BOYER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claim~ set forth in the following pages, you must take prompt action. You are warned that if you fa'fl 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 Pla'mtiff. You may lose money or property or other fights 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 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 ]]dE 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 4th Hoot, Cumberland County Courthouse Carlisle, Pennsylvania 17013 ~ ~~ (717) 240-6200 ~ven Howell, Esqfiire J619 Bridge Street ,J New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 ATTORNEY FOR PLAINTIFF NICOLE L. BOYER, Plaintiff JEFFREY A. BOYEI~ JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiffis NICOLE L. BOYER, an adult individual currently residing at 329 East Market Street, Dauphin County, Gratz, Pennsylvania 17030. 2. Defendant is JEFFREY A. BOYER, an adult individual currently residing at 28 West Pine Street, Cttmberland County, Enola, Pennsylvania 17025. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six (6) months immediately previous to the filing of this Complaint. 4. Pennsylvania. 5. 6. Plaint'ffi' and Defendant were married June 22, 2002, in Dauphin County, There have been no prior actions for divorce or annulment between the parties. Plalntiffhas been advised of the availability of counseling and the right to request that the Court require the patties to participate in counseling. Knowing this, Plainfiffdoes not desire that the Court require the parties to participate in counseling. 7. PlaintLffand Defendant are citizens of the United States of America. 8. Neither the Plaintiffnor the Defendant are members of the United States Armed Forces, 9. The parties' marriage is irretrievably broken. 10. Plaintiff'desires a divorce based upon (a) the belief that Defendant will ninety (90) days t~om the date of the filing of this Complaint consent to this divorce in accordance with Pa. C.S.A. § 3301(c); or in the alternative, (b) the fact that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome and this action is not collusive. WllF, REFORE, Plaintiffrequests your Honorable Court to enter a Decree in Divorce between Plaintiff and Defendant. ~effen I-Iowell,-~s qt~ir e J619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 DATE: VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belie£ I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to anthorities. NICOLE L. BOYER, plaintiff JEFFREY A. BOYER, Jla, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 50O7 CIVIL ACTION IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT TO A SECTION 3301(C) DIVORCE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 22, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora 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 tree 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. BY: ~i~icole L. ~, Plain~ DEC--24--05 WED 10~ 15 AM STEVEH HOWELL ESQUIRE 717 7'?0 1278 P.02 NICOLEL. BOYE~ Plaintiff IEFFREY A. BOYER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBE~ COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 5007 CIVIL ACTION IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT TO A SECTION 3301(C~ DIVOR~21e, complaint in divorce under Section 330!(c) of the Divorce Code was b2ed on September 22, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and .inety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the ent~ ora final de~ree of divorce after sexvice of notice of intention to request entry of the de~ree. 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. , Jr., D~ Conunonwe~lth of P~lv~a : ~cer, p~mn~y appeat~ J~ff~y A. BO~R, ~. ~o~ m ~ or sat~ffac~ pm~) to b* ~e name ~ ~bs~r~b~ m ~e ~ ~u~ent ~d ac~owled~ ~at he ex~u~ ~ s~e for ~z · ~ mntam~. WIT--S ~OF, I h~unm set my h~ md offici~ No~ ~b~v Notarial Sevl My Co~ssiou Expos: Steven B, Wodey, Nota, ry Public DEC--24--0~ WED 10:14 AM STEYEN HOWELL ESQUIRE 717 ??0 1278 P.O1 NICOLE L. BOYER, Plaintiff V. ~EFFREY A. BOYER, IR,, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 5007 CIVIL ACTION IN DIVORCE DEFENDANT, S WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UKDF]~ ~3301 lC} OF 'l'ltE DIVORCE CODE I. I consent to the ~ntry of a tSaal deor.e of divorce without notice, 2. I under, and that I may lose fights ¢onceming alimolly, division of property, lawyeffs fe~s 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 o£the d¢oree will be sent to me immediately ax%r it is filed with tho Prothonota~. 4. I verify that the statements made in this affidavit axe true and coixect. I understand that ~ls¢ statements herein are made subject to the penalties of 18 Pa. C.S. 04904 relating to unswom falsification to aathorities. Date: _d'2, R 7- ~ BY: Commonwealth of Pcnr~ylvania : Coualy of ~ ~ : On ~ ~ ~ ~y of ffe~ ,200~, bef~e m~, a Nota~ Pubhc, Offi~, peri.ally appe~ ~ A. BO~, ~. ~0~ M me ~ safi~a~fily preen) ~ be ~e person whose n~e iz mbsoribed to ~e ~ do~t and ac~l~ ~at he ~ ~nta~ed. ~T~SS ~0~, I h~o .~ Notaly P~bliv My Commission Expir~: NICOLE L. BOYER, Plaintiff V. JEFFREY A. BOYER, J1L, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 5007 CIVIL ACTION IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .~3301 (C~ OF TH]~ 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, 1 ~ ' awyer 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 al~er it is filed with the Prothonotary. 4. that false statements herein axe made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. I verify that the statements made in this affidavit are tree and correct. I understand BY: NICOLE L. BOYER, PLAINTIFF JEFFREY A. BOYER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 5007 CIVIL ACTION IN DIVORCE CERTIFICATE OF SERVICE OF DIVORCE COMPLAINT AND NOTICE TO DEFEND Attached hereto as Exhibit "A" is the Original Return of Service executed by Constable Edgar J. Siptroth, Jr., on September 24, 2004 showing that he personally handed the Divorce Complaint and Notice to Defend in Case Number 03-5007 to Defendant Jeffrey A. Boyer, Jr., at 28 West Pine Street, Enola, PA 17025 at 10:00 AM on September 24, 2003. Date: January 28, 2004 Respectfully submitted, BY: ~~ .~5teveff Howell,~squire J 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff .PENNSYLVANIA STATE CONSTABLE EDGAR J. SIPTROTH, JR. OLDE TOWNE COMMONS 400 BRIDGE STREET-SUITE #3 NEW CUMBERLAND, PA. 17070 (717) 737-2445 (717) 780-0550 pager _DOCKET NUMBER:~.~d SERVED PAPER UPON: Am)arss: ~c; voe ~ CITY~STATE~ZIp: ~0 k ~ .PLAINTIFF:_NI CO [ ~ .METHOD OF SERVICE: DATE & TIME:., /~.'OC) FOR THE OFFICE OF: Se~re3 I verify that the statements in the :'RETURN OFSERVICE" are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Notary Notarial Seal ] Befit T. Howall. Notary l~bli¢ Commission ~gir*s May 10, li~$ PENNSYLVANIA STATE CONSTABLE DEFENDANT'S NAME CITY__~f~/~- __ STATE ,~!__. ZIP~~ P~INTIFF~ ADDRESS . o,sm~c~ JUS~,C~: _ SERVICE COSTS ALLOWED WARRANT (EACH) - ............................................................................ $1 5m~ CUSTODY ........................ $ 5 00 SUBPOENA ........................................................................................ CONVEYING TO DISTRICT JUSTICE ............................................... $ 5.00 ARRAIGNMENT OR HEARING .......................................................... $ 5.00 CONVEYING FOR FINGERPRINTS ................................................... $ 5.00 COMMITMENT ..................................... $ RELEASE FOR HEARING .................................................................. $ 5.00 EVICTION .................................................... SERVICE OF PROCESS .......................................................................... ADDITIONAL DEFENDANT .................. ., ................. ., $ 5 00 ........ .... DISCHARGE ..................................................................................... $ 5.00 HOURLY RATE $10.00 per hour ........................................................... RETURN OF SERVICE ...................................................................... $ 2.50 MILEAGE __. _ miles at __ C.E.'EA .............................................................................................. $ 5.00 TOTAL $ CONSTABLE SIGNATURE ~ __ DISTRICT JUSTICE SIGNATURE White - Court / Yellow - Constable / Pink - Defendant NICOLE L. BOYER, PLAINTIFF JEFFREY A. BOYER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 5007 CIVIL ACTION IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD TO THE PROTHONOTARY: Please 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. a Notice to Defend was handed on September 24, 2003 at 10:00 AM at 28 West Pine Street, Enola PA 17025 to the Defendant Jeffrey A. Boyer, Jr., by Constable Edgar J. Siptroth, Jr., as set forth on an Affidavit of Service filed contemporaneously with the Praecipe to Transmit the Record. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiffon December 25, 2003; by Defendant on December 29, 2003. 4. Related Claims Pending: None. 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: January 20, 2004. Date Defendant's Waiver of Notice was filed with the Prothonotary: January 20, 2004. Date and manner of service of the Complaint: Divorce Complaint Endorsed with Respectfully subm~:~ ~ -, ~e~t~I~l; sL~quire J619 Bridge Street J New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff Certificate of Service I hereby certify that on the date set forth below a tree and correct copy of the foregoing document was served upon all interested parties via postage prepaid, first class United States Mall addressed as follows: Jeffrey Allen Boyer, Jr. 28 West Pine Street Enola, PA 17025 Date: January 28, 2004 ///8(even-Howell,"~Esquire IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND STATE OF ~ PENNA. ......... ~.~9~..L-..BOYER, PLAINTIFF Versus .... JEF~EX..6-...~pYERI.~.~ .............. DEFENDANT No. 03 - 5007 19 DECREE IN D I V 0 R C E AND NOW ....... ~....~'. ...... /~.0.~., it~,s ordered and decreed that NICOLE L. BOYER plaintiff, JEFFREY A. BOYER, JR., defendant, and ...... ' ..................................... 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; ............ NQNE .......................................................... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - - ' - ' ~ '~Plaintitt' : Vs : Defendant : File No.0%) -~ ~q C_\~'\ IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one by marking "x"] __ prior to the entry ora Final Decree in Divorce, or ~-. after the entry of a Final Decree in Divorce dated~2¥D~\~ hereby elects to resume the prior surname of ~)~'I~)C¥~_, , and gives this written notice avowing his / her intention pursutmt to the provisions~f 54 P.S. 704. of name being resumed COMMON-WE~ALTH OF PENNSYLVANIA ) COUNTY OF ~ On the .]~]~ day of Att~//irb ,200~, before me, the Prothonotary or the notary publi.~c, personally appeared the above 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 Wimess Whereof, I have hereunto set my [ seal. ~ ~OMMOIqWIt.q.LTH OF PENNSYLVANIA I _ Sull~ A, Bobar, Notary Publio [ Lower Paxton T~_., Dau ' C. oun ~ hereu~tto set my hand Prothonotary or..Notary Public and official