Loading...
HomeMy WebLinkAbout03-5225MARLIN HOOVER, Plaintiff PAMELA M. HOOVER, Defendant PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CML ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, lfyou 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 fights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the man'iage, you may request marriage counseling. A list of manSage counselors is available in the Office of the Prothonotary, Cumberland County Court House, I Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 MARLIN HOOVER, Plaintiff VS. PAMELA M. HOOVER, Defendant PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, * 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 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 ilTethevable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, I Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 OFF1CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 MARLIN HOOVER, PLAINTIFF VS. PAMELA M. HOOVER, DEFENDANT * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY * NO. (33 - * CIVIL ACTION - LAW * IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is Marlin Hoover, who currently resides at 18 Cornman Drive, Carlisle, Pennsylvania 17013. 2. Defendant is Pamela M. Hoover, who currently resides at P.O. Box 293, Summerdale, Pennsylvania 17093. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on September 9, 2000. 5. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiffhas been advised that counseling is available and that Plaintiffmay have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there are no children of the parties under the age of eighteen. thereto. 10. 11. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301© OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 © of the Divorce Code. 12. thereto. 13. 14. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the Parties is irretrievably broken. The parties are living separate and apart and at the appropriate time, Plaintiffwill submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiffrespectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. Respectfully submitted: ~tephahie L. Mihalko, Esquire Wiley, Lenox, Colgan & Marzza¢¢o, PC. The Wiley Group 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 Supreme Court 1D #86998 Date: ATTORNEY FOR PLAINTIFF VERIFICATION 1, Marlin Hoover, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are tree and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Marlin Hoover, Plaintiff MARLIN HOOVER, Plaintiff VS. PAMELA M. HOOVER, Defendant * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, * PENNSYLVANIA * NO. 03-5225 CiviiTerm * CIVIL ACTION - LAW * IN DIVORCE A~FFIDAV1T OF SERVIC~ l, Sherle A. Minich, being duly sworn, deposes and says that she is an adult and that she served the within Complaint on the Defendant, at the Defendant's last known address as follows: P.O. Box 293, Summerdale, PA 17093 by certified ma I: restricted delivery, return receipt requested on the 8th of October, 2003. The Certified Mail Receipt and PS Form 38111 are attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. WILEY, LENOX, COLGAN Date: October 21, 2003 & MARZZACCO, P.C. COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF YORK : On this, the 21st day of October, 2003, before me, a notary public, personally appeared Sherle A. Minich known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my ~and and notarial seal the day and year aforesaid. My Commission Expires: Notarial Seal S. Dawn Gladfelter, Notary Public Dillsburg Borg, York County My Commission Expires May 17', 2005 Member, Pennsylvania Assoaatlon of N0tailes · Complete items 1,i2, and 3. Also complete item 4 if Re~tricte~ Delivery is desired. · Pdnt your name arid address on the reveres so that we can return the card to you. · Attach this card to, the back of the mailplece, or on the front if sl~ace permits. 1. Article Addressed to: PO. 2. Article Number PS Fo~rn 3811, August 2001 D. Is delivee/address ¢lfffem~ from item 1 ? [] Yes If YES, enter delivery address below: [] No [] Insured M~d~' ~.' [~ C;O.D. · 4. Restricted Delivery? (Extra Fee) 7002 3150 0004 4251 7526 Domestic Return Receipt Postage Certified Fee Return Reciept Fee ndorsement Required) Restricted Delivery Fee (Endorsement Required) EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLIN HOOVER, Plaintiff VS. PAMELA M. HOOVER, Defendant NO. 03-5225 CIVIL TERM CIVIL ACTION - LAW tN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divome under §3301(c) of the Divorce Code was filed on October 2, 2003. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed ~om the date of filing and service of the Complaint. 3. I consent to the entry of a 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 true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date MARLIN HOOVER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLIN HOOVER, Plaintiff VS. PAMELA M. HOOVER, Defendant NO. 03~5225 CML TERM CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under ~3301(c) of the Divorce Code was Ged on October 2, 2003. 2. The marriage of Plaintiffand Defendant/s irretrievably broken and ninety (90) days have elapsed fi.om the date of filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice ofintemion to request entry of the decree. I verify that the statements made in this affidavit arc true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom fa~'ffication to authorities. Date PAMELA M. HOOVER Defendant IN THE COURT OF COMMON PLEAS YORK, PENNSYLVANIA MARLIN HOOVER, Plaintiff PAMELA M. HOOVER, Defendant NO. 03~5225 CML TERM CIVIL ACTION- LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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 [fi do not claim them before a divorce is granted. 3. I understand that I will not be divomed until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately at, er it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date MARLIN HOOVER Plaintiff IN THE COURT OF COMMON PLEAS YORK, PENNSYLVANIA MARLIN HOOVER, Plaintiff PAMELA M. HOOVER, Defendant NO. 03-$225 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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 after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date PAMELA M. HOOVER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLIN HOOVER, Plaintiff VS. PAMELA M. HOOVER, Defendant NO. 03-5225 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 2003. AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on October 2, 2. The marriage of PlaintJffand Defendant is irretrievably broken and ninety (90) days have elapsed fi.om the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce a~er service of notice of intention to request entry of the decree. I verify that the statemems made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date MARLIN HOOVER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLIN HOOVER, Plaintiff PAMELA M. HOOVER, Defendant NO. 03-5225 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 2003. AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on October 2, 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed fi.om the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce at~er 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date PAMELA M. HOOVER Defendant IN THE COURT OF COMMON PLEAS YORK, PENNSYLVANIA MARLIN HOOVER, , Plaintiff NO. 03-5225 CIVIL TERM VS. * PAMELA M. HOOVER, , Defendant · CIVIL ACTION - LAW IN DIVORCE ~WAIVER OF NOTICE OF INTENTION TO REOUESI' ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c~ OF THE DIVORCE CODE 1. I consent to the entry ora final decree of divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer'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 a~er it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statemems made herein are subject to the penalties of 18 Pa. C.S. ~4904 reiating to unsworn falsification to authorities. Date MARLIN HOOVER Plaintiff IN THE COURT OF COMMON PLEAS YORK, PENNSYLVANIA MARLIN HOOVER, Plaintiff VS. PAMELA M. HOOVER, Defendant NO. 03-5225 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(e} 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 fights concerning alimony, division of property, lawyer's fees, or expenses ill do not eiaim 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 atter it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date PAMELA M. HOOVER Defendant Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARLIN HOOVER, , Plaintiff * PAMELA M. HOOVER, , Defendant * NO. 03-5225 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSM/T 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 Section 3301(c). 2. Date and manner of service of the Complaint: B r T ' t' estricted D~ ' h nD g n 1 nAi ' f r' fi 'h h' 22 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: ~ 2004. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: Affidavit upon the Respondent: .(2) Date of filing and service of the Plaintiff's 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: (b) Date Plaintiff's Waiver of Notice kn Section 3301 (c) Divorce wasfiled with the Prothonotary: Filed: February 10. 20041 Date Defendant's Waiver of Notice in Section 3301(c) Divorce was flied with the Prothonotary: _Eiled: February_ 10. 2004~, Date: o./no/o 't By: Bradle~f~. Winnic~,, Esquir~e Attorneb/for Plaintiff IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE OF MARLIN HOOVERt Plaintiff VERSUS PAMELA M. HOOVER, Defendant PENNA. N O. 03_5225 DECREE IN AND NOW,~ DECREED THAT AND DIVORCE MARLIN HOOVER 3.'3of.,". 2004 ., IT IS ORDERED AND PAMELA M. HOOVER 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 ATTEST: PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff rr~ C=— Vs File No. C: `" " IN DIVORCE cnr- fficnelck Defendant CD NOTICE TO RESUME PRIOR SURNAME ; Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by marking "x") ���-j 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 a , and gives this written notice avowing his /her intention purs nt to the r of 54 P.S. 704. Date: Fc �''1 __ Signature PPb L ;?,V.3_jr >7 7 �a jy)u� a— L Signature of name being slime COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF 0,ym� dcznd) On the ;�-- Y"�tday of Aw. u,<� , 200_, before me, the Prothonotary or the notary public, 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 Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Prot onotary or Notary Public pm#000",,Cum#lf,a CmV,Ce lft PA My G4purti�Won Expiros ttw i�t 1�onday of.IM►.201