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HomeMy WebLinkAbout03-6586 1\ ~', , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN l. BIANCO, vs. CIVIL ACTION - LAW NO. 03. t,S:?6 h:J PAMELA J. BIANCO, Defendant 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 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: Office of the Prothonotary Cumberland County Courthouse 1 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 2 liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 II I .11 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN L. BIANCO, vs. CIVIL ACTION. LAW NO. PAMELA J. BIANCO, Defendant 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 professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, 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. II Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN L. BIANCO, vs. CIVIL ACTION - LAW NO. PAMELA J. BIANCO, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, JOHN L. BIANCO, by his/her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is JOHN L. BIANCO, an adult individual who currently resides at 4225 Nantucket Drive in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is PAMELA J. BIANCO, an adult individual who currently resides at 928 East Maple Street in Palmyra, Lebanon, 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 10 March 1979 in Alameda, California. 5. The parties in this action were parties to a divorce action which Pamela J, Bianco filed before the Court of Common Pleas of Lebanon County, Pennsylvania, to No. 2003-20785. She filed the complaint in October of 2003 and withdrew the complaint in November of 2003 and there was no docket activity in that case, to Plaintiff's knowledge, other than the filing and service of the complaint. 6. The marriage ;s 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. " I ~I., COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE. Plaintiff prays this Honorable Court. after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. Sa el L. An es Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 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. 4904 (unsworn falsification to authorities). Date: /{),/!O!()3 rHtu A ~ . JOHN L. BIANCO ~~ '- ". ~ I..1\. '::) ~ ~ ~ \ ~ '" ~ Xl "", ~ ~ ~ ~ ~ \ \\ ,\ ~~ t "- .~ '" ?<\ ~~ (J\ ~' ~' ~~ \ ~ (") ~ ~~ ~ " i:~ ._,~ 0~ ~'~ f_~ l ~ l " r<:, <') C-" i,,"_ -. (,,) " Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN L. BIANCO, vs. CIVIL ACTION. LAW , , NO. ()3. &,S-~t:> f4,J PAMELA J. BIANCO, Defendant IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter Affidavit within twenty (20) days after this Affidavit has been served on your or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 Cd) OF THE DIVORCE CODE 1. The parties to this action separated on or about 16 August 2001 and have continued to live separately 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 of property, 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. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: /p,J't/t1..3 JftuA ~ JOHN L. BIANCO ~,) c.;,. ....., <:;:.:::. '.:;"J '-' o r'. .. c-.-. c~ c~ C-', .,',. JOHN L. BIANCO, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-6586 PAMELA J. BIANCO, DEFENDANT IN DIVORCE ACCEPTANCE OF SEFIVICE I hereby enter my appearance in the above matter for the Defendant, Pamela J. Bianco and accept service of the Divorce Complaint, which was filed on 26 December 2003 and acknowledge receipt of a copy of the Complaint within thirty days of the date it was filed. Dare:~4 :2j:l3!DY " ~~~ ~. Dlil~enison ntor Attorney for efendant Supreme Court ID # {p(JI,'3'7!3 , ):;. --J'] .--! 1'.> <'0 -<:-' -' " JOHN L. BIANCO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2003-6586 CIVIL TERM PAMELA J. BIANCO, Defendant IN DIVORCE PRAECIPE TO THE PROTHONTOARY: Please withdrawal the Plaintiff's claim for equitable distribution and all other economic claims previously raised by the Plaintiff in this matter. 3 November 2004 Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 g -'" ~-,.....- '""0 ~ J P'~ ' :?;.:.-^ ~ ~:: ~~ c,.) ~ (.-.;..-; ~~~-l '2. - r--:;. ~)~ .. .-. u ..--\ ~~\~ ?~ -C.1 c:} - I) \......: \~\i~\ . .-rC\ '::, ~y<;" ~.S: --~ r:-? (....:> (:;) - vs. ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN L. BIANCO, Plaintiff CIVIL ACTION - LAW PAMELA J. BIANCO, Defendant NO. 03-6586 IN DIVORCE JOINT MOTION FOR ENTRY OF DOMESTIC RELATIONS ORDER AND NOW come the above-named parties, by their attorneys who represent to the Court that they are authorized to make this motion on behalf of their clients, and jointly move the Court to enter the attached Domestic Relations Order to distribute and divide the Plaintiffs I I I I~~~ I Sam el L. Andes Attorney for Plaintiff benefits within his account within the Thrift Savings Plan maintained by his employer, in accordance with the terms of the Property Settlement Agreement previously executed by the parties. { ~J~Lj'. (:<.L Qebetah Deniso~ Cantor Attorney for Defendant I I I i. I I I !, ,....') -< ;'J Q ::'-0 ) -" -I r-il:::r..? r-- -"'-1i'n ,., \.~-; , C' , . ! ( ~'.1 ~, J.e .," rn ~..:.~ i.) . . - - JOHN L. BIANCO, ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION. LAW PAMELA J. BIANCO, Defendant NO. 03-6586 IN DIVORCE JOINT MOTION FOR ENTRY OF DOMESTIC RELATIONS ORDER AND NOW come the above-named parties, by their attorneys who represent to the Court that they are authorized to make this motion on behalf of their clients, and jointly move the Court to enter the attached Domestic Relations Order to distribute and divide the Plaintiff's benefits within the Federal Employees' Retirement System, in accordance with the terms of the property settlement agreement previously executed by the parties. ~~~ Sam I L. Andes Attorney for Plaintiff I .1 (~"'; c.) , '.~ '-C ,"'-, -n r\;: ., " \ ',r r .... 1.\ RECEIVED MAR 312005 r John L. Bianco Plaintiff IN THE COURT OF C MMON PLEAS CUMBERLAND CO TY, PENNSYLVANIA VS. CNILACTION - LAW Pamela J. Bianco Defendant NO. 03-6586 DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes th existence of the Alternate Payee's right to receive a portion of the benefits payable with resp ct to the Participant. It is intended to constitute a Qualifying Retirement Benefits Court Order by the Federal Retirement Thrift Investment Board ("Board"). 2. This DRO is entered pursuant to authority granted under the app icable domestic relations laws of the State of Pennsylvania. 3. This DRO applies to the Thrift Savings Plan ("Plan") and any succ ssor thereto. John L. Bianco ("Participant") is a Participant in the Plan. Pamela J. Bianco ("Alt rnate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 4. The Participant's name, mailing address, Social Security number d date of birth are: John L. Bianco 4225 Nantucket Drive Mechanicsburg, P A 17055 Social Security No.: 206.44-0868 Date of Birth: September 13, 1954 are: 5. The Alternate Payee's name, mailing address, Social Security num er and date of birth Pamela J. Bianco 928 East Maple Street Palmyra, PA 17078 Social Security No.: 172-44-9322 Date of Birth: August 18, 1946 ("\? '"I,'... 1 ') i'-!\J SllG2 , I' ~ DRO Page 2 It is the responsibility of the Alternate Payee to keep a current m 'ling address on file with the Plan at all times. 6. This Order assigns to Alternate Payee an amount equal to $62,56 .02 of the Participant's total account balance accumulated under the Plan as of June 3 , 2004 (or the closest valuation date thereto) plus any interest and investment earnings or losses ttributable thereon from June 30, 2004 (or the closest valuation date thereto) until the date of to al distribution. 7. The Alternate Payee shall be paid benefits as soon as administrat' ely feasible following the date this Order is approved as a QualifYing Retirement Benefit Court Order by the Board. 8. Benefits are to be payable to the Alternate Payee in the form of alp sum cash payment. 9. All payments made pursuant to this order shall be conditioned on he certification by the Alternate Payee and the Participant to the Board of such information as he Board may reasonably require from such parties. 10. This DRO does not require the Plan to provide any type or form of enefit the Plan does not otherwise provide. 11. This DRO does not require the Plan to provide increased benefits. 12. This DRO does not require the Plan to pay any benefits which ano her order previously determined to be a qualified domestic relations order requires the Plan to pa to another alternate payee. 13. In the event that the Plan inadvertently pays to the Participant benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Parti ipant shall immediately reimburse the Alternate Payee to the extent that he has receive such benefit payments and shall forthwith pay such amount so received directly to the Alt rnate Payee within DRO Page 3 ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this or er, the Alternate Payee shall immediately reimburse the Participant to the extent that she ha received such benefit payments and shall forthwith pay such amount so received directly t the Participant within ten (10) days ofreceipt. 14. Mter payment of the amount required by this DRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 15. The Alternate Payee assumes sole responsibility for the tax conse uences of the distribution under this DRO. 16. In the event the Participant predeceases the Alternate Payee hefo e she receives her distribution, his death shall have no effect on her assigned portion of the be efits, as stipulated herein. If applicable, the Alternate Payee shall be treated as the beneficiary of the Participant to the extent of her assigned interest hereunder. 17. If Participant takes any action that prevents, decreases or limits t e collection by Alternate Payee of the sums to be paid hereunder, he shall make payments t Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effe ts of the actions taken by Participant. ,. DRO Page 4 18. The Court of Co=on Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relat. ions Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the PlanJand further provide that no such amendment or right of the Court to so amend will invalidate t~s Order. , i Accepted and Ordered this ~ day of 4-;0 " 1 ,2005. BY THE COURT CONSENT TO ORDER: PLAINTIFFIPARTICIPANT DEFENDANT/ALTE NATE PAYEE (J4.)J;~ Signature r 02.-/0 3 .hs # / ,J -/ ~DS Date Date ATTORNEY FOR PLAINTIFFI PARTICIPANT ATTORNEY FOR DE ENDANTI ALTERNATE PAYEE 4- F~ 2O\b ~~~~~Q~~ S, ure Date ~- 4 ~s ~ '~GC/~ -~.' 5 O--vV\ IA..Gl l .~J>>3 'Oc.h ( rCt l t) c.-ILwl-v rJU S. ~ .. l?:w,~ '-\ - RmJO~lMIrfMlAa 11 noos RECEIVED MAR 31 2005 yI' f IN THE COURT OF COMMtm PLEAS OF CUMBERLAND COUNTY, fENNSYLV ANIA CML ACTION - LAW John L. Bianco Plaintiff VS. Pamela J. Bianco Defendant NO. 03-6586 DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the e 'stence ofthe Alternate Payee's right to receive a portion ofthe benefits payable with respect to the Part cipant. It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the Office of Personnel Management ("OPM"). 2. This DRO is entered pursuant to authority granted under the applica Ie domestic relations laws ofthe State of Pennsylvania. 3. This DRO applies to the Federal Employees' Retirement System ("PI ") and any successor thereto. John L Bianco ("Participant") is a Participant in the Plan. Pamela J. Banco ("Alternate Payee"), the fanner spouse, is the Alternate Payee for the purposes of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: John L. Bianco 4225 Nantucket Drive Mechanicsburg, P A 17055 Social Security No.: 206-44-0868 Date of Birth: September 13, 1954 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are; Pamela J. Bianco 928 East Maple Street Palmyra, P A 17078 Social Security No,: 172.44-9322 Date of Birth: February 2, 1952 It is the responsibility of the Alternate Payee to keep a current mailin address on file with the Plan at all times. 6. The Alternate Payee is entitled to a portion of the Participant's gross onthlyannuity under the Plan as set forth below. The OPM is hereby directed to pay Alternate ayee's share directly to Alternate Payee. 7. This Order assigns. to Alternate Payee an amount equal to 55% of the articipant's basic and supplemental annuity accrued as of August 16, 2001, based upon the Particip t's service as of that date and based upon the Participant's high three-year average salary as oft t date. lU .',!: 02 :f '.r I ,{,; ~'i- \) :J~l DOCZ DRO ~Page'2 \ I i I ! In addition to the above, the Alternate Payee shall receive a pro rat share of any cost-of- living adjustments made to the Participant's benefits. The pro rata share shal be calculated in the same manner as the Alternate Payee's share ofthe Participant's retirement be efits is calculated pursuant to this Section 7. ., . . With respect to the Alternate Payee's share of the Participant's basi and supplemental monthly annuity, such portion shall be calculated without regard to any amo ts that are withheld from the Participant's annuity for any reason. Any amounts so withheld shall e deducted solely from the Participant's share of the annuity. 8. Payments to Alternate Payee shall commence the date payments co mence to the Participant. Participant agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms of the DRO. 9. Payments shall continue to Alternate Payee for the remainder ofth Participant's lifetime. Ifthe Alternate Payee dies before the Participant, the Alternate Payee's share fthe Participant's pension shall be paid to her estate. 10. The Alternate Payee is awarded a former spouse survivor annuity if he Participant dies before or after his benefits commence. The amount of the survivor annuity shal be 50% ofthe Alternate Payee's share of the Participant's benefit as determined in accordance with Section 7. Any costs associated with providing the former spouse survivor annuity shall be pai by the Alternate Payee. The Participant agrees to take all necessary steps to elect Alternate Pay e as the designated beneficiary for the purposes of establishing and sustaining such former spouse c verage for the Alternate Payee. 11. Ifthe Participant dies before his benefits commence, the Alternate P yee is awarded a pro- rata portion. The parties were married on March 10, 1979, and separated on Au st 16, 2001. 12. If Participant leaves Federal service before retirement and applies fa a refund of employee contributions under the Plan, the OPM is directed not to pay the Participant a r fund of such employee contributions. 13. In no event shall the Alternate Payee have greater benefits or rights ther than those which are available to the Participant. The Alternate Payee is not entitled to any bene t not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefit offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Ian not granted to Alternate Payee are preserved for the Participant. 14. The Plan shall issue individual tax forms to the Participant and Alter ate Payee for amounts paid to each such person. 15. In the event that the Plan inadvertently pays to the Participant any b nefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Particip t shall immediately reimburse the Alternate Payee to the extent that he has received such benefit pa ents, and shall forthwith pay such amounts so received directly to the Alternate Payee within te (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that re not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately rei burse the Participant to the extent she has received such benefit payments and shall forthw th pay such amounts so received directly to the Participant within ten (10) days of receipt. 16. If Participant takes any action that prevents, decreases, or limits th6 collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate :E>ayee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions\taken by Participant. 17. The OPM shall notify the Alternate Payee and her legal representatIve when the Participant makes an application for any benefit payments from the Plan. ! I 18. The Court of Common Pleas of Cumberland County, Pennsylvania s all retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining' as a Domestic Relations Order, provided, however, that no such amendment shall require the Ian to provide any form of benefit or any option not otherwise provided by the Plan, and further pr vide that no such amendment or right ofthe Court to so amend will invalidate this Order, -c.-"o;) , 0084': . . ~ DRO 'Page 3 Accepted and Ordered this 'f" day of 11 J?Yl7 I CONSENT TO ORDER: PLAINTIFFIP ARTICIP ANT t/tkuJ A ~ Signature J /to/()S Date ' I ATTORNEY FOR PLAINTIFF/ PARTICIPANT ~'N,~Jh S1 e It 02Yrv~1 2.Q1S-- Date If 4- DS (!~ ~L, SCl-~L~ ~r1th h C-b-1/Jv (- BY THE COURT DEFENDANT/ALTER ATE PAYEE ~- 'I-de;"' Date .r ATTORNEY FOR DEF NDANT/ ALTERN TE PA .. THOMAS. THOMAS & HAFER. LLP Brooks R. Foland, Esquire I.D. # 70102 305 North Front Street P.O. Box 999 Harrisburg. PA 17108-0999 (717) 255-7626 (717) 237-7105 (Fax) Defendants IN THE COURT OF CPMMON PLEAS CUMBERLAND COUl~'TY, PENNSYLVANIA CML ACTION - LA~ NO. 04-2116 i JURY TRIAL DEMA~DED i PAULETTE UNDERKOFLER and KURT UNDERKOFLER, Plaintiffs v. FARMINGTON CASUALTY COMPANY, RULE TO SHOW CAUSE i I I consideration of the attached Motion of Defendant, Plaintiffs are hFreby ruled to show cause why they should not provide full and complete answers to the discovery propounded I by Defendant or show cause why Defendant's Motion should not be granted. RULE RETURNABLE 2-0 DAYS FROM DATE OF SERVICE AND NOW, this 'I" day of /1)0.., ') . , 2005, upon BY THE COURT: 4- 4-/6~/ ~ /V~ J. .'jk- 'c.'v, , ,'~' ill OS :i'; ~': t)_ ~!t;J gOUZ <L II JOHN L. BIANCO, Plaintiff IN THE COURT OF CO MON PLEAS OF CUMBERLA D COUNTY, PENNSYLVA IA vs. CIVIL ACTION. LAW NO. 03-6586 CIVIL T RM PAMELA J. BIANCO, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code as filed on 26 December 2003 and served upon the Defendant on or about 2. The marriage of Plaintiff and Defendant is irretrievably broken and nin ty (90l days have elapsed from the date of filing of the complaint and the date of service of he complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Noti e of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and und rstand that the Court maintains a list of marriage counselors and that I may request the Co to require my spouse and I to participate in counseling and, being so advised, do not reque t that the Court require that my spouse and I participate in counseling prior to the divorce ecoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 a. C.S. Section 4904 relating to unsworn falsification to authorities. II /:J / 04 I Date JOHN L. BIANCO '~'1 r<. i'.."' C') i",. JOHN L. BIANCO Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V N1A v. NO. 03-6586 PAMELA J. BIANCO Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code wa filed on October 10, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and nin ty (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice f intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I underst d that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 490 relating to unsworn falsification to authorities. Date: lojltJ fG4 ftrJ1d~t /;uu~r~ PAMELA . BIANCO !.L r< ~ '., C,) '"~:::' II II Plaintiff IN THE COURT OF CO MON PLEAS OF CUMBERLA D COUNTY, PENNSYLVA IA JOHN L. BIANCO, vs. CIVIL ACTION - LAW NO. 03-6586 CIVIL T RM PAMELA J. BIANCO, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 C OF THE DIVORCE C 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 pro 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 entere by the court and that a copy of the decree will be sent to me immediately after it is fil with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I un erstand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 904 relating to unsworn falsification to authorities. /1 (3/04 Date f6J JOHN L. BIANCO c-, \' ;>.) ::> 1'.:.;: c.:' (..~;': JOHN L. BlANCO Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANI v. NO. 03-6586 PAMELA 1. BIANCO Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER l\ 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 concernillg 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 entere 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 underst d that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 rela g to unsworn falsification to authorities. DATE: JL-/ZV IG~ ~4~ ~<~AAA-A~/ ffAMELA . BIANCO (--. f',,,) ""-:--:' (~,) C,,) II Plaintiff IN THE COURT OF COM ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI JOHN L. BIANCO, vs. CIVIL ACTION - LAW NO. 2003-6586 CIVIL T RM PAMELA J. BIANCO, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for e try of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Acce tance of Service filed counsel indicatinQ service on or about 23 February 2004. Plaintiff's 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3 1 (c) of the Divorce Code: By Plaintiff: 3 November 2004 By Defendant: 26 Oct ber 2004 (b) (1) Date of execution of the Affidayit required by Section 3301 (d) of he Divorce Code: (2) Date of filing and service of the Plaintiff's Affi avit upon the Respondent: 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 t Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was file with the Prothonotary: Dated 3 November 2004 and filed contemporaneouslY herewith. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was fil d with the Prothonotary: Dated 26 October 2004 and filed contemporaneously herewith Date: 5 November 2004 By uel L. Andes Attorney for Plaintiff -, r.:::> c:~ f"',.; C I' (....,:' 'f :+':+':+.:+''f:+.'f;fi'f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~~'f:+'+~:+':+':+':+':+':+'++++~~+:+' :+. +:+::+''f '+:;fi'f:t:'f:+.'f:+''f:+. + +:+. +:+.:+.:+. +:+':+''f:+':+':+' .. . +:+;:t:+:+.+:+.+:+.'f:+.+:+.++ :+.:+.:+::+. 'f +:+. IN THE COURT OF COMMON PLEA OFCUMBERLANDCOUNTY STATE OF PENNA. JOHN L. BIANCO, Plaintiff No. 03-6586 VERSUS PAMELA J.' BIANCO, Defendant DECREE IN DIVORCE it )',n ~ AND NOW'~ /P; , IT IS ORDERED AND 2004 DECREED THAT JOHN L. BIANCO , PLAI NTI FF, AND PAloffiLA J. BIANCO , DEFENDAN , ARE DIVORCED FROM THE BONDS OF MATRIMONY. ;+; + :+. :+. + :+. + + ++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ++++:t'+ BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HA THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE NOT YET BEEN ENTERED; NONE ... .., ._,.... ;). I - , ~ , , ~" - , ,.. ~ /' / ...s .'- ~', - ,-' 1<;1 Jr '" - PROTHONOT RY ++++++++++++:+.+ + +:1':+:1' Of .. 'f++++:+;+ . ++++++ ++~+++ J, ~ ? 'f ~7~/ ~~ 4(/ ftC'-;/ ~ fb? :i' ~ ~ . P9 :At? /Jr::' J/ ., . .... .