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HomeMy WebLinkAbout03-5895HELEN B. MILTIADES, ABHIJIT DUTT, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03- S ,S IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS TO: Abhijit Dutt 2727 North Maryland Avenue Apartment 109 Milwaukee, WI 53211 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 wamed 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. When the ground for 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, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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, Pennsylvania 17013-3387 PHONE: (717) 249-3166 290353-1 HELEN B. MILTIADES, Plaintiff V. ABHLIIT DUTT, Defendant IN THE COURT OF COMMON PLEAS OF CUIVIBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff Helen B. Miltiades is an adult individual currently residing at 3 Holly Court, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant Abhijit Dutt is an adult individual residing at 2727 North Maryland Avenue, Apartment 109, Milwaukee, WI 53211. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 6, 1995 in Essex County, Massachusetts. 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 have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 290353-I 7. Plaintiffhas 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 avers that there are no children bom of this marriage. thereto. 10. 11. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) 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 service of this Complaim, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant will also file such an Affidavit. WHEREFORE, if both parties file Affidavits consenting to a divorce after ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. 12. thereto. 13. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 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. 290353-1 14. 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. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 290353-1 VERIFICATION I, Helen B. Miltiades, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Helen B. Miltiades 290355-1 HELEN B. MiLTIADES, ABHUIT DUTT, Plaintiff : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5895 Civil Term IN DIVORCE AFFIDAVIT OF CONSENT 1. An Amended Complaint in Divorce under §§ 3301(c) and (d) of the Divome Code was filed on November 7, 2003 and served upon Defendant on November 29, 2003. 2. The marriage of Plaintiff and 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 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 any false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to unswom falsification to authohties. Dated: Abhijit Dutt HELEN B. MILTIADES, ABHIJIT DUTT, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5895 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER § 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 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. Dated: Abhijit Dutt HELEN B. MILTIADES, Plaintiff V. ABHIJIT DUTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5895 Civil Term IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on November 7, 2003 and served upon Defendant on November 29, 2003. 2. The marriage of 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 of a Final Decree of Divome 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 any false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to unswom falsification to authorities. Dated: ~/,'~/~ c/ /~--.~..~'/~~ Helen B. Miltiades HELEN B. MILTIADES, ABHIJIT DUTT, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5895 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER § 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 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. Dated: _ ~//'Z/O q/ Helen B. Miltiades HELEN B. MILTIADES, Vo ABHIJIT DUTT, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5895 Civil Term IN DWORCE CERTIFICATE OF SERVICE AND NOW, this l(,/¢'"day of f~,~ ,2004, I, Andrew C. Spears, Esquire, of Metzger, Wickersham, Knanss & Erb, P.C., attorneys for Plaintiff, Helen B. Miltiades, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylva2aia, addressed to: Abhijit Dutt 2727 North Maryland Avenue Apartment 109 Milwaukee, WI 53211 METZGER, WICKERSI4~uM, KNAUSS & ERB, P.C. By: Andrew C. Spears 300199-1 Complete the appropriate paragraphs: (a) Related claims pending: None (b) Claims withdrawn: None (c) (d) 5. (a) Co) Claims settled by agreement of the parties: All SDt;2ree;h;q~ any written agreement is to be incorporated into the Divorce 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(d)(1)(i) of the Divorce Code: Service: NA Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: March 5, 2004 Date Defendant's xxr.,; .......... ,, ,~*~ mi,4once ~n §3301(c) Divorce was filed with the Prothonotary: March 5, 2004 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 300199-1 IN THE COURT OF COMMON OFCUMBERLANDCOUNTY STATE OF ~~,, PENNA. HELEN B. MILTIADES PLEAS No. 2003 - 5895 VERSUS ABHIJIT DUTT DECREE IN DIVORCE DECREED THAT HELEN B. MILTIADES ~*~0 ~, IT IS ORDERED AND , PLAINTIFF, AN D ABHIJIT , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLI_OWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY T~LE CoUliT~ · - "ION OTARY