HomeMy WebLinkAbout03-6340
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
CARL W. BILLET, JR.,
v.
: CIVIL ACTION - LAW
Defendant
:NO. 03. ",~4/)
: IN DIVORCE
CIVIL TERM
PAMELA A. BILLET,
NOTICE
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. Ajudgment
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 irretrievable breakdown ofthe marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle.
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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Phone: (717) 249-3166
CARL W. BILLET, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
PAMELA A. BILLET,
Defendant
: NO. 0:3-!; 3'-/b
: IN DIVORCE
CIVIL TERM
COMPLAINT UNDER SECTION 3301(c) or 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is Carl W. Billet, Jr., who currently resides at 117 Tower Circle, Carlisle,
Cumberland County, Pennsylvania, since April 2003.
2. Defendant is Pamela A. Billet, who currently resides at 33 2nd Street, York Haven, York
County, Pennsylvania, since 1992.
3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least
six months immediately previous to filing of this Complaint.
4. Plaintiff and Defendant were married on March 22, 1980, in York County, York,
Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties hereto in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. 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.
8. Plaintiff requests the Court to enter a Decree of Divorce.
I verifY that the statements made in this Complaint are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification
to authorities.
Date:
/c9/1/W03
(If:8~~
ANDREWS & JOHNSON
By:
P. drews, Esq.
eys for Plaintiff
. Pomfret Street
Carlisle, PA 17013
(717) 243-0123
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CARL W. BILLET, JR.,
Plaintiff/Respondent,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
v.
CIVIL ACTION - LAW
PAMELA A. BILLET,
Defendant/Petitioner
No. 03-6340
ACTION IN DIVORCE
PETITION FOR RELATED CLAIMS UNDER
DIVORCE CODE
The Petition of Pamela A. Billet, by her attorneys, CGA Law Firm (Countess Gilbert
Andrews, P.C.), respectfully represents that:
COUNT ONE
EQUITABLE DISTRIBUTION
1. Petitioner is Pamela A. Billet, the Defendant above named, who currently resides
at 33 2nd Street, York Haven, Pennsylvania.
2. Respondent is Carl W. Billet, Jr., the Plaintiff above named, who currently resides
at 117 Tower Circle, Carlisle, Pennsylvania.
3. Petitioner and Respondent were married on March 22, 1980 in York County,
Pennsylvania.
4. Respondent has heretofore filed a Complaint for Divorce on December 5, 2003 at
the above caption.
5. Petitioner and Respondent have legally and beneficially acquired property, both
real and personal, during their marriage until the date of their separation, which property is
"marital property".
6. Petitioner and Respondent may have owned, prior to the marriage, property, both
real and personal, which property has increased in value during the marriage and/or which has
been exchanged for other property, which has increased in value during the marriage, all of
which property is "marital property".
,
7. Petitioner and Respondent have been unable to agree as to an equitable division of
said property to the date of the filing ofthis Petition.
8. Petitioner requests the Court to equitably divide all marital property and to enjoin
Petitioner and Respondent from the removal, disposition, alienation, or encumbering of all real
and personal property of the parties.
COUNT II
ALIMONY, ALIMONY PENDENTE LITE
9. All preceding and succeeding paragraphs are incorporated by reference.
10. Petitioner lacks sufficient property to provide for her reasonable means and is
unable to support herself through appropriate employment.
11. Petitioner requires reasonable support to adequately maintain herself in
accordance with the standard ofliving established during the marriage.
12. Petitioner requests the Court to enter an award of reasonable temporary alimony
and additional sums as they may become necessary from time to time hereafter until final
hearing and permanently thereafter.
COUNT III
ATTORNEY'S FEES, COSTS AND EXPENSES
13. All preceding and succeeding paragraphs are incorporated by reference.
14. Petitioner has employed Joseph C. Adams, Esquire as counsel, but is unable to pay
all ofthe necessary and reasonable attorney's fees for said counsel.
15. Petitioner has entered into a fee agreement with her attorney.
16. Petitioner may be in need of hiring an accountant, a business appraiser, a real estate
appraiser and other experts, and does not have the funds necessary to pay the necessary and
reasonable fees.
Respectfully submitted,
CGA Law Firm
Countess Gilbert Andrews, P.C.
By:
Jo C. Adams, Esquire
preme Court No. 70218
29 North Duke Street
York, Pennsylvania 1740 I
Tel.: (717) 848-4900
VERIFICATION
I, the undersigned, Pamela A. Billet, hereby affirm that the facts contained in the
foregoing Petition for Related Claims are true and correct to the best of my knowledge,
information, and belief. This statement is made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities. "
Dated: /~/21Io~
,~~ 9-, f3JJ-xt
Pamela A. Billet
CERTIFICATE OF SERVICE
I hereby certify that on this date a copy of the foregoing Petition for Related Claims Under
Divorce Code was served on counsel in the manner indicated below:
FIRST -CLASS MAll.,
POSTAGE PREPAID THEREON
ADDRESSED AS FOLLOWS:
Taylor P. Andrews, Esquire
78 West Pomfret Street
Carlisle, PA 17013-3216
CGA Law Firm
Countess Gilbert Andrews, P.C.
ca~
C. Adams, Esquire
Dated: 'I ~ 10,
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Defendant
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: IN THE COURT OF COM' ION PLE S OF
: CUMBERLAND COUNT';'! PENNS LV ANIA
: CIVIL ACTION - LAW I
: NO. 03-6340 CIVIL TJRM
: IN DIVORCE i
I
I
I
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CARL W. BILLET, JR.,
Plaintiff
v.
PAMELA A. BILLET,
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
..J
AND NOW, this z,j'~ day of December 2003 I, Taylor P. Andr s, Esqu re, attorney for Carl
W. Billet, Jr., Plaintiff in the above-captioned action, hereby swear that I ve serve a true copy of the
Complaint in Divorce, with Notice to Defend and Claim Rights, executed y the PI intiff in the above-
captioned matter, upon the Defendant at her residence at 33 2nd Street, York aven, PA 17370 by depositing
the same in the U.S. Mail, postage prepaid, certified, deliver to addressee on ,return eceipt requested. A
copy of the return receipt card signed by the Defendant on December II, 2003, in icating service was
effected, is marked Exhibit nA", attached hereto and made a part hereof.
ANDREWS & JOHNSON
By:
T yl P. Andrews, Es
A rney for Plaintiff
NOTARiAl SEAl.
SHELLY SEXTON, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires April 26, 2007
Complete items 1,2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. A1tach this card to tile back of the mail piece,
or on the tront it space permits.
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.,::fReturn Receipt f r Merchandis
OC,O.D,
4. Restricted De\i\lery? (Extra Fee)
2. Article Number {Copy from service label)
IOCj~~'iDD 001!: S"i/.f<;;"7,
PS Form 3811, July 1999
Domestic Return Receipt
ld2595.DO.M-0952
Exhibit A
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CARL W. BILLET, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
PAMELA A. BILLET,
Defendant
: NO. 03-6340 CIVIL TERM
: IN DIVORCE
NOTICE
If you wish to deny any of the statements set forth in this Affidavit, you m~st file a counter-affidavit
within twenty (20) days after this Affidavit has been served on you or the statements will be admitted.
AFFIDAVIT UNDER
SECTION 330Hd) OF THE DIVORCE CODE
1. The parties to this action separated on March 30, 2003, and have continred 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 ofpro~erty, 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 uJilderstand that false
statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating tp unsworn falsification to
authorities.
Date:
/
L(/ / /os
.
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Lz" I J.
Carl W. Billet, Jr., Plaint ff
CARL W. BILLET, JR.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
Defendant
: NO. 03-6340 CIVIL TERM
: IN DIVORCE
PAMELA A. BILLET
COUNTER-AFFIDAVIT UNDER
SECTION 3301(d) OF THE DIVORCE CODE
1. Check either (a) or (b):
(a) I do not oppose the entry of a divorce ~ecree.
(b) I oppose the entry of a divorce decree ibecause
Check (I), (ii) or both):
(i) The parties to this action have not liv~d separate and
apart for a period of at least two years!
(ii) The marriage is not irretrievably brok~n.
2. Check either (a) or (b):
(a)
!
I
I do not wish to make any claims for ~conomic relief. I
understand that I may lose rights conqerning alimony,
division of property, lawyer's fees or ~xpenses if! do not
claim them before a divorce is grante~.
(b)
I wish to claim economic reliefwhiclj may include
alimony, division of property, lawyer's fees or expenses
or other important rights. '
I verify that the statements made in this counter-affidavit are true and ~orrect. I
understand that false statements herein are made subject to the penalties of 18 l'a. C.S. ~ 4904
relating to unsworn falsification to authorities.
Date:
Defendant
If you do not wish to oppose the entry of a divorce decree and you do not
wish to make any claim for economic relief, you need not ~Ie this counter-
affidavit.
NOTICE:
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CARL W. BILLET, JR.,
v.
: CIVIL ACTION - LAW
Defendant
: NO. 03-6340
: IN DIVORCE
CIVIL TERM
PAMELA A. BILLET,
MOTION FOR APPOINTMENT OF MASTER
Carl W. Billett, Plaintiff, moves the court to appoint a master with respect to the following
iclaims:
(X) Divorce
( ) Annulment
(X) Alimony
( ) Alimony Pendente Lite
(X ) Distribution of Property
( ) Support
(X) Counsel Fees
(X) Costs and Expenses
Md in support of the motion states:
1.
requested.
Discovery is complete as to the claim(s) for which the appointment of a master is
2. The defendant has appeared in the action by her attorney, Joseph C. Adams, Esquire,
29 North Duke Street, York, P A 17401.
The Plaintiff has appeared in the action by his attorney, Taylor P. Andrews, Esquire,
78 West Pomfret Street, Carlisle, PA 17013.
3. The statutory ground(s) for divorce is an irretrievably broken marriage and a 2-year
~eparation as per 23 Pa.C.S.A. g3301(d).
4. The action is contested with respect to the following claims: all economic claims.
5. The action does not involve complex issues oflaw or fact.
6. The hearing is expected to take 4 hours.
7. Additional information, if any, relevant to the motion: None.
Oate: May 6, 2005
Ta or P. ws, Esquire
At for Plaintiff
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CARL W. BILLET, JR.,
v.
: CIVIL ACTION - LAW
Defendant
: NO. 03-6340
: IN DIVORCE
CIVIL TERM
PAMELA A. BILLET,
CERTIFICATE OF SERVICE
I hereby certifY that on this date, May12005, I mailed a copy of Ordering Appointing
Master and Motion for Appointment of Master to the following person at the following address by
U.S. Mail, to addressee onjy:
Joseph C. Adams, Esquire
29 North Duke Street
York, PA 17401
I verifY that the statements made in the foregoing Certificate of Service are true and correct. I
,understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to
iunsworn falsification to authorities.
ANDREWS & JOHNSON
By:
------
ay P. Andrews, Esq.
ttorneys for Plaintiff
78 W. Pomfret Street
Carlisle, PA 17013
(717) 243-0123
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RECEIVED MAY 10 ZlJf:/ J
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CARL W. BILLET, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
PAMELAA. BILLET,
Defendant
: NO. 03-6340
: IN DIVORCE
CIVIL TERM
ORDER APPOINTING MASTER
AND NOW,~!) , 2005, E. Robert Elicker, Esquire is appointed master with
respect to the following claims: Alimony, Counsel Fees, Costs and Expenses, Divorce, and
Distribution of Property.
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
CARL W. BILLET, JR.,
v.
: CIVIL ACTION - LAW
Defendant
: NO. 03-6340
: IN DIVORCE
CIVIL TERM
PAMELA A. BILLET,
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
December 5, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry ofthe decree.
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. S 4904, relating to unsworn
falsification to authorities.
Date: \..~n'J /(." ,).00..$
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Pamela A. Billet, Defendant
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CARL W. BILLET, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
PAMELA A. BILLET,
Defendant
: NO. 03-6340
: IN DIVORCE
CIVIL TERM
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~ 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 if] 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. S4904, relating to unsworn
falsification to authorities.
,
Date: \f) '0 / ~ ( ~OOS
;~ 0 CMW-
Pamela A. Billet, Defendant
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CARL W. BILLET, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
PAMELA A. BILLET,
Defendant
: NO. 03-6340
: IN DIVORCE
CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on
December 5,2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing 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 herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn
falsification to authorities.
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Carl W. Billet, Jr., Plaintiff
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CARL W. BILLET, JR.,
v.
: CIVIL ACTION - LAW
PAMELA A. BILLET,
Defendant
: NO. 03-6340
: IN DIVORCE
CIVIL TERM
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. 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.
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. S4904, relating to unsworn
falsification to authorities.
Date:
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Carl W. Billet, Jr., Plaintiff'
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CARL W. BILLET, JR.,
v.
: CIVIL ACTION - LAW
PAMELA A. BILLET,
Defendant
: NO. 03-6340
: IN DIVORCE
CIVIL TERM
PRAECIPE
TO THE PROTHONOTARY:
On behalf ofthe Defendant, I hereby withdraw the economic claims filed at the above caption
in a "Petition for Related Claims under Divorce Code" expressing claims in Count I for Equitable
Distribution, Count II for Alimony and Alimony Pendente Lite, and Count III for attorneys fees,
costs and expenses.
Date: /Y)~ J3, )00\
C. aJ..
Jo e C. Adams, Esquire
Supreme Court ID: 70218
29 North Duke Street
York, PA 17401
(717) 848-4900
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CARL W. BILLET, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
PAMELA A. BILLET,
Defendant
: NO. 03-6340 CIVIL TERM
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
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 Date and manner of service of the complaint: December 11,2003 bv restricted, certified mail,
return receiot requested.
3. Date of execution ofthe affidavit of consent required by Section 330 I (c) ofthe Divorce Code:
by the Plaintiff June I. 2005; by Defendant Mav 16. 2005.
4. Related claims pending: None.
5. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary:
S"v1<Z....- 7.. \ 200:>"
Date Defendant's Waiver of Notice m ~3301(c) Divorce was filed with the
Prothonotary:
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ANDREWS & JOHNSON
Date: June' 2005
By:
Ta or . Andrews, Esq.
7 W. t Pomfret Street
Carlisle, PAl 70 13
(717) 243-0123
Supreme Court 10 No. 15641
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CARL W. BILLET, JR.,
Plaintiff
Vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03 - 6340 CIVIL
PAMELA A. BILLET,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
y.d
day of ~
withdr/~n by praecipe and
2005, all economic claims having been
both parties having signed affidavits of consent and waivers of
notice of intention to request entry of divorce decree, there
being no matters pending before the Master, the appointment of
the Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a final decree
in divorce.
BY THE COURT,
.J.
cc: Taylor P. Andrews
Attorney for Plaintiff
Joseph C. Adams
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PEN NA.
Carl W. Billet, Jr.
Plaintiff
No.
03-6340
VERSUS
Pamela A. Billet
Defendant
DECREE IN
DIVORCE
AND NOW,
- \ 'l\\.Q. ~
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~, IT IS ORDERED AND
DECREED THAT
Carl W. Billet, Jr
, PLAINTIFF,
Pamela 1>.. Billet
AND
, 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
/
PROTHONOTARY
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