Loading...
HomeMy WebLinkAbout04-0033IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE J. ANDERSON PLAINTIFF VS. KEVIN J. ANDERSON DEFENDANT NO. ON - 2,.? CIVIL ACTION - LAW ACTION 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 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 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 the York County Court House, 28 East Market Street, York, Pennsylvania 17401. 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 EN LA CORTE DE ALEGATOS COMUNES DE CUMBERLAND, PENSILVANIA STEPHANIE J. ANDERSON DEMANDANTE VS. KEVIN J. ANDERSON DEMANDADO : NUM. DE CASO: : : : ACCION CIVIL - LEYES : .. : EN DIVORCIO AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar aeeion con prontitud. Se le avisa que si no se defiende, el caso puede proeeder sin usted y decreto de divoreio o anulamiento puede ser emitido en su contra pot la Corte. Una decision puede tambien set emitida en su contra pot cualquier otra queja compensation reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar eonsejo matrimonial. Una lista de eonsejeros matrimoniales esta disponible en la oficina del Prothonotary, en la York County Court of Common Pleas, 28 East Market Street, York, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DON-DE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE J. ANDERSON PLAINTIFF VS. KEVIN J. ANDERSON DEFENDANT : No. Oq- : : CIVIL ACTION - LAW . : ACTION IN DIVORCE COMPLAINT UNDER § 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, TOWIT, this 15'q~ day of ~,~f]~' ,2003, comesthe Plaintiff, Stephanie J. Anderson, by and through her attorneys, Eveler & Eveler, and files the within Compla'mt for Divorce: 1. Plaintiff, Stephanie J. Anderson, is an adult individual who currently resides at 528 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant, Kevin J. Anderson, is an adult individual who currently resides at 212 3~ Street, Apartment 2, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Plaintiff has been a bona fide resident in 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 June 8, 2000, in Ocho Rios, Jamaica. 5, There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiffhas been advised that counseling is available and that Plaintiffmay have the right to request that the court require the parties to participate in counseling. 8. Neither Plaintiff or Defendant is in the Armed Forces of the United States. 9. The parties have lived, or may subsequently live, separate and apart for a period in excess of two years, on November 9, 2005. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, 101 SOUTH DUKE STREET YORK, PA 17403 (717) 845-2757 I verify that the statemems 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. § 4904, relating to unswom falsification to authorities. DATE: /~/~/d~ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE J. ANDERSON PLAINTIFF VS. KEVIN J. ANDERSON DEFENDANT : NO. 04-00033 CIVIL TERM : CIVIL ACTION - LAW : ACTION IN DIVORCE AFFIDAVIT COMMOMWEALTH OF PENNSYLVANIA: : COUNTY OF YORK : Personally appeared before me, the undersigned officer, a Notary Public in and for said County and Commonwealth, Andrea Eveler Stanley, Esquire, who, being duly sworn according to law, doth depose and say that she has caused a tree and correct copy of the Divorce Complaint in the above cited case to be served upon the Defendant, Kevin J. Anderson, by delivering the same to the United States Post Office at York, Pennsylvania, on January 9, 2004, and mailed said Complaint by restricted certified mail, number 7001 2510 0006 9998 1721, the same being signed by the Defendant on January 13, 2004, the receipt for certified mail and the return receipt card being attached hereto. / ANDREA EVELER STANLEY, ESQUIRE NO. 34347 EVELER & EVELER, LLC 101 SOUTH DUKE STREET YORK, PA 17403 (717) 845-2757 SWORN and subscribed to before me, this /.3"~lay of l/~ ,2004 - ~ot~ublic · Complete item~ 1, 2, and 3. Also complete item 4 If Restricted Delive~y is de~lrad. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to t~t back of the mallptece, or on the front If $~ permits. KEVIN J. ANDERSON 212 3RD STREET APARTMENT 2 NEW CUMBERLAND PA l~O_70 ~?~ 700t 2 006~ 8 1721 PS Form 3811, August 2001 Domemtic Return D. Isdeav~yaddree~dlffarm3tfmmiteml? r-lyes If YES. e~te~ delivery addree~ be~w: [] No 3. Service ~pe [] Ce~:l Mail r"l Express Mall 102595-02-M-0835 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE J. ANDERSON Plaintiff VS. KEVIN J. ANDERSON Defendant : NO. 04-00033 CIVIL TERM . : Action in Divome AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING I, Stephanie J. Anderson, being duly sworn according to law, depose and say: 1. A Complaint in Divome under § 3301(c) of the Divorce Code was filed on January 5, 2004. 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 cfa final Decree of Divorce aft,x service of notice of intention to request entry of the decree. 4. I understand that ifa claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the Court before an entry of a final decree in divorce, the fight to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling and that I may request that the Court require counseling. Being so advised, I do not request that the Court require that my spouse and I engage in counseling prior to a Divorce Decree being handed down by the Court. 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. DATE: ~T~PI~ANIE J~/ANDER~ON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE J. ANDERSON Plaintiff VS. KEVIN J. ANDERSON Defendant : NO. 04-00033 CIVIL TERM : .. : Action in Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the ent~ 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to tmswom falsification to authorities. o ¥ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE J. ANDERSON Plaintiff VS. KEVIN J. ANDERSON Defendant : NO. 04-00033 CIVIL TERM . : : Action in Divorce AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING I, Kevin j. Anderson, being duly sworn according to law, depose and say: 1. A Complaint in Divome under § 3301(c) of the Divorce Code was filed on January 5, 2004. 2. The marriage of Plaintiffand 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 Divome after service of notice of intention to request entry of the decree. 4. I understand that ifa claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the Court before an entry of a final decree in divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling and that I may request that the Court require counseling. Being so advised, I do not request that the Court require that my spouse and I engage in counseling prior to a Divorce Decree being handed down by the Court. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE J. ANDERSON Plaintiff VS. KEVIN J. ANDERSON Defendant : NO. 04-00033 CML TERM : : .. : Action in Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) 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 divome 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE J. ANDERSON : PLAINTIFF : : VS. : : ~IN J. ANDERSON : DEFENDANT : NO. 04-00033 CIVIL TERM ACTION IN DIVORCE PRA~CI~E 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 ~ 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant was served on January 13, 2004 by certified mail, restricted delivery, return receipt number 7001 2510 0006 9998 1721. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent by § 3301(c) of the Divorce Code: by Plaintiff on April 29, by Defendant on April 26, 2004. required 2004; (b) (1) Date of execution of the affidavit required by ~ 3301(d) of the Divorce Code: ; (2) date of filing and service cf the Plaintiff's Affidavit upon the respondent: 4. Related claims pending: No claims were raised. 5. (Complete either (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 ~ 3301(c) was filed with the Prothonotary: May 3, 2004. Date defendant's Waiver of Notice in ~ 3301(c) was filed with the Prothonotary: May 3, 2004. ANDREA EVELER STANLEY, ~ NO. 34347 ~ ATTORNEY FOR PLAINTIFF 101 SOUTH DUKE STREET YORK, PA 17403 (717) 845-2757 Divorce Divorce ESQUIRE IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. Plaintiff NO. 04-o0033 Civil Term VERSUS KEVIN J. ANDERSON Defendant DECREE iN DIVORCE DECREED THAT AND Stephanie J. Anderson Kevin J. Anderson ,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 E~EEN ENTERED; ATTEST: ~ J. f~/~~ PROTHONOTARY