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HomeMy WebLinkAbout03-5984COMMONWEALTH OF PENNSYLVANIA Court of Common Pleas County of Cumberland Scott D. Cribbs and Kathryn E. Cribbs Plaintiff, Defendant. Judicial District No.: 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 in divorce 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 filed by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your child(ten). 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 above-encaptioned County Court House.. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFROE THE 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, YOU SHOULD CONTACT YOUR LOCAL LAWYER REFERENCE SERVICE FOR ASSISTANCE. COMMONWEALTH OF PENNSYLVANIA Court of Common Pleas County of Cumberland Scott D. Cribbs and Kathryn E. Cribbs Plaintiff, Defendant. Case No.: Judicial District No.: COMPLAINT UNDER SECTION 3301(e) OF THE DIVORCE CODE Information about the Parties Name: Date of Birth: Address: Telephone: Residence County: Date of Initial Residence: Husband Wif~ Scott D. Cribbs Kathryn E. Cribbs 12-05-1963 03-04-1963 1101 Yverdon DR. Apt B-7 4133 Burns Road Camp Hill, PA 17011 Mechanicsburg, PA 17055 717-605-7914 717-691-5995 Cumberland, PA 04-15-1995 Cumberland, PA 05-20-1995 Information about the Marriage Marriage Date: 05-20-1995 Marriage Place Enhaut, PA Residency Plaintiff and/or Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately prior to the filing of this Complaint. Grounds for Dissolution of Marriage The marriage is irretrievably broken and the Defendant consents to divorce. -1- Minor Children The parties have no minor children (under 18 years of age) or dependent children and the wife is not pregnant. Restoration of Former Name __ If checked, Plaintiff should be known by his/her former name of: __ If checked, Defendant should be known by his/her former name of: Acknowledgment of Availability of Counseling 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. Plaintiff does NOT request or desire counseling. o Marital Settlement Agreement The parties executed or will execute a Marital Settlement Agreement that fairly and equitably divides the parties' assets and apportions responsibility for marital debts. 9. Prayer for Relief WHEREFORE, Plaintiff requests the court dissolve the marriage of the parties, enter a decree of divorce adopting the parties' Marital Settlement Agreement, and order that each party bear his/her own costs of these proceedings. 10. Verification I verify that the statements made in this Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Scott D. Cribbs -2- COMMONWEALTH OF PENNSYLVANIA Court of Common Pleas County of Cumberland Scott D. Cribbs and Kathryn E. Cribbs Plaintiff, Defendant. CaseNo.: OB- 6'-q~q Judicial District No.: ACCEPTANCE OF SERV/CE The undersigned Defendant hereby acknowledges and accepts personal service of the following pleadings in the above encaptioned matter: 1. Notice to Defend and Claim Rights; 2. Complaint for Divorce; 3. Proposed Marital Settlement Agreement; and, 4. Proposed Decree of Divorce. 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. Address: 4133 Bums Road Mechanicsburg, PA 17055 717-691-5995 SCOTT D. CRIBBS, Plaintiff VS. KATHRYN E. CR/BBS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA 03-5984 CIVIL CIVIL ACTION. LAW : 1N DIVORCE AND NOW, thi~ '~ ORDER day of November, 2003, the request for the entry ora divorce decree is denied for numerous reasons, including: 1. There is no indication that the complaint was properly served; and 2. The affidavits of consent are invalid since more than ninety (90) days since the filing of the complaint, have not elapsed Scott D. Cribbs 1101 Yverdon Drive, Apt. B-7 Camp Hill, PA 17011 Kathryn E. Cribbs 4133 Burns Road Mechanicsburg, PA 17055 :rlm BY' Edward E. Guido, J. MARITAL SETTLEMENT AGREEMENT In re the Marriage of: Scott D. Cribbs Plaintiff, and Kathryn E. Cribbs Defendant, Hereafter "Husband" and "Wife", Agree, Declare, and Stipulate as follows: A. We freely, intelligently, knowingly, and voluntarily enter into this Madtal Settlement Agreement intending, inter alia, to establish conclusively each party's ownership of property and responsibility for payment of debt upon dissolution of our marriage. B. Our marriage should be dissolved based on the grounds set out in the Complaint. C. We desire to dissolve our marriage as amicably as possible with minimal court intervention. We are informed and believe that this Marital Settlement Agreement sets out a fair and equitable division of our property and apportionment of our obligations. This document and associated pleadings filed in this matter comprise our entire agreement. Should any part of this document be deemed unenforceable, the remainder of the document shall remain enforceable so long as the overall division of our assets and assignment of our obligations remain just under the agreement as deemed enforceable. Each of us agrees to cooperate to transfer clear title of assets from/to the other upon dissolution of our marriage, including without limitation, cooperation to secure a Qualified Domestic Relations Order for distribution of qualified assets, if any. Each of us further agrees to execute all documents or materials necessary to accomplish the same. Each of us agrees to indemni~ and hold the other harmless regarding any occurrence that may adse because of our failure to attend to liabilities apportioned or assigned under this agreement. Each of us understands that this entire agreement will have no effect unless and until our marriage is dissolved. Husband shall pay Wife spousal support in the monthly amount of: Wife shall pay Husband spousal support in the monthly amount of: Payment shall be due on the first day of the month beginning the first month after a Judgment of Divorce is entered. The obligation to pay spousal maintenance shall terminate upon the occurrence of one of the following: 1) Death of either spouse; 2) Re- marriage of spouse receiving maintenance; and/or, 3) after months. Marital Settlement Agreement (P/JUN) Divorces Yourself. corn Page I of 4 Division of Property H. The following property, irrespective of prior nature or characterization, shall become the sole and separate property of the WIFE upon dissolution of our marriage: Family Home, 1994 Mazda B400 Truck The following property, irrespective of prior nature or characterization, shall become the sole and separate property of the ~USBAND upon dissolution of our marriage: 1988 Honda Civic, 2002 Honda Accord Marital Settlement Agreement (PAUN) Divorces Yourself. com Page 2 of 4 Assignment of Responsibility for Debts The following liabilities, irrespective of prior nature or characterization, shall become the sole and separate responsibility of the WIFE upon dissolution of our marriage: Mortgage The following liabilities, irrespective of prior nature or characterization, shall become the sole and separate responsibility of the HUSBAND upon dissolution of our marriage: Car Loan Marital Settlement Agreement (PAUN) Divorces Yourself. corn Page 3 of 4 The foregoing is AGREED, DECLARED, and STIPULA TED Under penalty or perjury this (month) -~..~L, (year) (City) ~ ~. Husband Settlement Agreement (P.4 ~) Dl~'orces Your~el~. com Page 4 of 4 COMMONWEALTH OF PENNSYLVANIA Court of Common Pleas County of Cumberland Scott D. Cribbs Kathryn E, Cribbs Plaintiff, Defendant. CaseNo.: C)3- Judicial Diistrict No.: PLAINTIFF'S AFFIDAVIT OF CONSENT TO DIVORCE Acknowledgement of Complaint A Complaint in divorce under § 3301(c) of the Divome Code was filed on: Grounds for Divome The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. Proposed Decree of Divorce The parties prepared a proposed Decree of Divorce that bears my signature as evidence of my consent to entry of the Divorce Decree. Consent to Entry of Proposed Divorce Decree I consent to the entry of a final decree of divorce as proposed without further notice. Acknowledgement of Rights and Responsibilities I understand I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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. Verification 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: Scott D. Cribbs Address: 1101 Yverdon Drive Apt B-7 Camp Hill, PA 17011 717-605 -7914 COMMONWEALTH OF PENNSYLVANIA Court of Common Pleas County of Cumberland Scott D. Cribbs and Kathryn E. Cribbs Plaintiff, Defendant. CaseNo.: ©3 - Judicial District No.: DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DECREE OF DIVORCE Acknowledgement of Complaint A Complaint in divorce under § 3301(c) of the Divorce Code was filed on 03 Mo~ J~. I hereby acknowledge the accuracy of all information contained within the Complaint. Grounds for Divorce The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. Acknowledgment of Availability of Counseling Defendant has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Defendant does NOT request or desire counseling. Minor Children The parties have no minor children (under 18 years of age) or dependent children and the wife is not pregnant. Marital Settlement Agreement The parties executed a Marital Settlement Agreement that fairly and equitably divides the parties' assets and apportions responsibility for marital debts. o Restoration of Former Name If checked, Defendant wants to be known by his/her former name of: Proposed Decree of Divorce The parties prepared a proposed Decree of Divorce that bears my signature as evidence of my consent to entry of the Divorce Decree. Consent to Entry of Proposed Divorce Decree / Waiver of Notice I consent to the entry of a final decree of divorce as proposed without further notice and specifically waive twenty (20) day notice of Praecipe to Transmit the Record. Acknowledgement of Rights and Responsibilities I understand 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 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. 10. Verification Dated: 1 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. Kdthryr~ E,j~riblSs Address:4133 Burns Road Mechanicsburg, PA 17055 717-691-5995 COMMONWEALTH OF PENNSYLVANIA Court of Common Pleas County of Cumberland Scott D. Cribbs and Kathryn E. Cribbs Plaintiff, Defendant. Case ~o.: 03- Judicial District No.: PLAINTIFF'S AFFIDAVIT OF CONSENT TO DIVORCE Acknowledgement of Comolaint A Complaint in divorce under § 3301(c) of the Divorce Code was filed on: Grounds for Divome The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. Proposed Decree of Divorce The parties prepared a proposed Decree of Divorce that bears my signature as evidence of my consent to entry of the Divorce Decree. Consent to Entry of Proposed Divorce Decree I consent to the entry of a final decree of divorce as proposed without further notice. Acknowledgement of Ri~thts and Resoonsibilities 1 understand 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 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. Verification 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. Dated: Signed: _~::~ ,~. ~ Scott D. Cribbs Address: 1101 Yverdon Drive Apt B-7 Camp Hill, PA 17011 717-605-7914 COMMONWEALTH OF PENNSYLVANIA Court of Common Pleas County of Cumberland Scott D. Cribbs and Kathryn E. Cribbs Plaintiff, Defendant. CaseNo.: 03- .qq8q Judicial District No.: PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, including the below information, to the com~ for entry of a divorce decree: Grounds for Divorce: Irretrievable breakdown of the marriage under § 3301 (c) of the Divorce Code. Service of Complaint: The Complaint was personally served on the Defendant on //~ A/'OV ~ as evidenced by the Defendant's Acceptance of Service on :file herein. Affidavits of Consent: Plaintiff filed an Affidavit of Consent to Divorce on ,:~ "/ ~'~i~ O~ . Defendant filed an Affidavit of Consent to Divorce on _~. 4. Related Claims: None. Waiver of Notice: Defendant filed a Waiver of Notice re Praecipe to Transmit Record Re,mests: Plaintiff requests a Decree in Divorce with property settlement agreement atlached. Vital Statistics: Pennsylvania Vital statistics form is attached. Dated: Scott D. Cribbs Address:1101 Yverdon Drive Apt B-7 Camp Hill, PA 17011 717-605-7914 COMMONWEALTH OF PENNSYLVANIA Cour~ of Common Pleas County of Cumberland Scott D. Cribbs and Kathryn E. Cribbs Plaintiff, Defendant. Case No.: ©g -.FFS'4 Judicial District No.: PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, including the below information, to the court for entry of a divorce decree: Grounds for Divorce: Irretrievable breakdown of the marriage under § 3301 (c) of the Divorce Code. Service of Complaint: The Complaint was personally served on the Defendant on I~ evidenced by the Defendant's Acceptance of Service on file herein. D~ as Affidavits of Consent: PlaintifffiledanAffidavitofConsenttoDivorceon ~/ tk/ o V t9 ~ Defendant filed an Affidavit of Consent to Divorce on _..Z / /V'ov O ~ 4. Related Claims: None. Waiver of Notice: Defendant filed a Waiver of Notice re Praecipe to Transmit Record Requests: Plaintiff requests a Decree in Divorce with property settlement agreement attached. Vital Statistics: Pennsylvania Vital statistics form is attached. Dated: S~ott D. Cribbs Address: 1101 Yverdon Drive Apt B-7 Camp Hill, PA 17011 717-605-7914 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF S~o44 13. VERSUS ,Fo, --H, ,-, ¥,-, F__.. PENNA. DECREE IN DIVORCE , IT IS ORDERED AND DECREED THAT , PLAINTIFF, , 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; ATTEST: J ·