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HomeMy WebLinkAbout04-0338PAMELA J. BOYD, Plaintiff VS. CHRISTOPHER T. BOYD, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 0q-35 : IN DIVORCE NOTICE TO DEFEND 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. 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 fights important to you, including custody or visitation of your children. 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 Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013- 3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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. 1~ 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, PA 17013-3387 (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estats demandas expuestas en las paginas siquientes, usted tiene, veinte (20) dias de plazo al partir de lag fecha de las demanda y la notificacion. Usted debe presentar mm apariencia escrita o en persona o Page 1 of 2 por abogado y archival en la cone en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomar~ medidas y puede entrar una 6rden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion de demanda, usted puede perder dinem o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO 1NMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA D1RECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, PA 17013-3387 (717) 240-6200 ~c~ael"IS. R~hler, l~squire Attorney for Plaintiff Page 2 of 2 PAMELA J. BOYD, Plaintiff VS. CHRISTOPHER T. BOYD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. : IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above-captioned action in divome. By virtue of Section 202 of the Pennsylvania Divome Code, it is a duty of the Court to advise both patties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013-3387. Prothonotary PAMELA J. BOYD, Plaimiff VS. CHRISTOPHER T. BOYD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION :NO. : 1N DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is PAMELA J. BOYD, an adult individual who currently resides at 629 Canvasback Drive, Etters, Cumberland County, Pennsylvania. 2. Defendant is CHRISTOPHER T. BOYD, an adult individual who currently resides at 4104 Crestview Road, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff and Defendant are sui juris and both have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on August 16, 1997 in Dauphin County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the patties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for Divoree Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9, The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiffintends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301 (c) of the Divorce Code. COUNT ll Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporate herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. When two (2) years have elapsed from the date of final separation of May 30, 2003, Plaintiffwill file her affidavit of having lived separate and apart, provided a divorce decree has not 2 already been granted pursuant to Section 3301C of the Divorce Code. The parties have been separated since May 30, 2003, which is their date of final separation. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate m such counseling. WHEREFORE, it is respectfully requested that this Court enter a Decree in Divorce, pursuant to Section 3301 (d) of the Divorce Code. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D.//45836 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 3 VERIFICATION I, PAMELA J. BOYD, verify that the statements made in the 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. Plaintiff PROOF OF SERVICE OF COMPLAINT (return receipt dated February 2, 2004)) 2 PAMELA J. BOYD, Plaintiff VS. CHRISTOPHER T. BOYD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 04-338 CIVIL TERM 1N DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 27, 2004 and was served upon the Defendant on February 2, 2004 by certified mail, restricted delivery, return receipt requested. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree of divorce after service of a Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divome becoming final. I verify that the statements made in this Affidavit are tree and correct and 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: m[~iLf~ ~ BOYD, ~ PAMELA J. BOYD, Plaintiff VS. CHRISTOPHER T. BOYD, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 04-338 CIVIL TERM 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 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 grmated. 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 trae and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. Date: PAMELA J/BOYD, Plaintiff PAMELA J. BOYD, Plaintiff VS. CHRISTOPHER T. BOYD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : : NO. 04-338 CI?glL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 27, 2004 and was served upon the Defendant on February 2, 2004 by certified mail, restricted delivery, return receipt requested. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree of divorce after service of a Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, ,do not request that the Court require that my spouse and I participate in counseling prior to tl~te divorce becoming 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 Pa. C.S. § 4904 relating to unswom falsification to authorities. Dated: CHRIST0~'HER T. B~)~, Defendant PAMELA J. BOYD, Plaintiff VS. CHRISTOPHER T. BOYD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 04-338 CIVIL TERM 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(e) OE 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 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 m;e and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. Date: Defendant PAMELA J. BOYD, Plaintiff VS. CHRISTOPHER T. BOYD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION : : NO. 04-338 : : IN DIVORCE TO: the Prothonotary PRAECIPE TO TRANSMIT RECORD 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 3301C of the Divorce Code. 2. Date and manner of service of the complaint: February 2, 2004, by Certified mail, restricted delivery, return receipt requested. 3. Date ofexecution ofthe affidavit of consent required by Section 3301C ofthe Divome Code: by plaintiffon May 10, 2004; by defendant on May 10, 2004. 4. Related claims pending: None 5. Date plaintiff's Waiver of Notice was filed with Prothonotary: May 20, 2004. 6. Date defendant's Waiver of Notice was filed with Proth~onotary: May 20, 2004. Respectfully submitted, Michael D. Remschler, Esquire Attorney for Plaintiff Supreme Court I.D. ~45836 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-9129 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. PAMELA J. BOYD N O. 04-338 VERSUS CHRISTOPHER T. BOYD DECREE iN DIVORCE AND NOW,~ ~' 2004 DECREED THAT PAMEL;~ J BOYD , IT IS ORDEREd AND , PLAiNTIFf, AND CHRISTOPHER T. BOYD ,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 W}-[ICH A FINAL ORDER HAS NOT YET BEEN ENTERED;