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HomeMy WebLinkAbout03-6488JANET M. BALTOSSER Plaintiff VS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MICHAEL S. BALTOSSER Defendant CIVIL ACTION - LAW : NO. 0.3 1N 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 foregoing 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 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 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 One Courthouse Square Carlisle, PA 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 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, Pennsylvania 17013 Telephone: (717) 249~3166 JANET M. BALTOSSER Plaintiff VS. MICHAEL S. BALTOSSER Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professionai marriage counselors is available at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2 JANET M. BALTOSSER Plaintiff VS. MICHAEL S. BALTOSSER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. - IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(e) OR 3301(d) OF THE DIVORCE CODE AND NOW comes the above-named Plaintiff, JANET M. BALTOSSER, by her attorney, Michael L. Bangs, Esquire, and makes the following Complaint in Divorce: 1. The Plaintiff is JANET M. BALTOSSER, an adult individual who currently resides at 435 Valley Street, Marysville, Perry County, Pennsylvania. 2. The Defendant is MICHAEL S. BALTOSSER, an adult individual who currently resides at 264 Carlisle Avenue, Enola, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 9, 1993. 5. There have been no prior actions of divorce or annulment between the parties. 6. This ma~iage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The Plaintiff requests this Court to enter a Decree of Divorce in this matter pursuant to Section 3301 (c) of the Divorce Code. 3 WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to Section 3301(c) of the Divorce Code. I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. Section 4904 (unsworn falsification to authorities). Date TOSSER Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 4 JANET M. BALTOSSER, Plaintiff VS. MICHAEL S. BALTOSSER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6488 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE BY CERTIFIED MAIL MICHAEL L. BANGS, being duly sworn according to law, deposes and says as follows: 1. That he is the attorney for the Plaintiffherein. 2. That on December 18, 2003, a true and correct copy of the Divorce Complaint filed in the above-captioned matter was delivered to the United States Postal Service in Camp Hill, Pennsylvania, as certified mail (Receipt No. 7002 1000 0005 0081 9267) return receipt requested, addressed to the Defendant herein. 3. That a return receipt card was received from the U.S. Postal Service signed by the Defendant herein showing a date of service of December 20, 2003. Said card is attached hereto as Exhibit A. :~/~: ~ Sworn to and before me th subscr'~ed ~day ,2003. EXHIBIT A C) cz JANET M. BALTOSSER, Plaintiff VS. MICHAEL S. BALTOSSER, Defendant ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6488 CIVIL TERM CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF CONSENT Pursuant to Pa. R.C.P. Rule 1920.72 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on December 16, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce either after service of a 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. Section 4904 relating to unswom falsification to authorities. Date MICHAEL S. BALTOSSER JANET M. BALTOSSER, Plaintiff VS. MICHAEL S. BALTOSSER, Defendant ) ) ) ) ) ) ) ) IN THE C, OURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6488 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry ora final decree in 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 ~Ier it is filed with the Prothonotary. 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. Section 4904 relating to unswom falsification to authorities. Dated MICHb~EL S. BALTOSSER JANET M. BALTOSSER, Plaintiff VS. MICHAEL S. BALTOSSER, Defendant ) ) ) ) ) ) ) ) 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6488 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT Pursuant to Pa. R.C.P. Rule 1920.72 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 16, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce either after service of a 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. Section 4904 relating to unsworn falsification to authorities. J~IET M. BALTOSSER JANET M. BALTOSSER, Plaintiff VS. MICHAEL S. BALTOSSER, Defendant ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6488 CIVIL TERM CIVIL ACTION - LAW 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 afl: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 herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated JA~ESF M. BALTOSSER JANET M. BALTOSSER, Plaintiff VS. MICHAEL S. BALTOSSER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2003-6488 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry ofa divome 1. Ground for divorce: irretrievable breakdown under Section 3301(c) Divorce Code. (strike out inapplicable section) -3~ of the 2. Date and manner of service of the Complaint: Defendant's Acceptance of Service signed on December 20, 2003. 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: March 18, 2004; by Defendant: March 18, 2004. (b)(l) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: ; (2) date of filing and service of the Plaintiff's affidavit upon the respondent: 4. Related claims pending: no claims were raised. 5, Complete either paragraph (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 in Section 3301(c) Divorce was filed with the Prothonotary: March 22, 2004. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was flied with the Prothonotary: March 22, 2004. ~P~][~./~-f~Attorney for Plaintiff l~~~ JANET M. BALTOSSER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATI~ OF PENNA. NO. 2003 - 6488 cIVIL VERSUS MICHAEL S. BALTOSSER DEFENDANT AND NOW, DECREED THAT DECREE iN DIVORCE JANET Mo BALTOSSER IT IS ORDERED AND PLAINTIFF, AND MICHAEL S. BALTOSSER ,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; THERE ARE NO OUTSTANDING ISSUES rOTH ONOTARY