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HomeMy WebLinkAbout04-0405TONYA S. BILGER, Plaintiff THOMAS J. BILGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW .. : 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 action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to thc claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in thc Complaint or for any other claim or relief requested by thc Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TONYA S. BILGER, THOMAS J. BILGER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. .. : CIVIL ACTION - LAW :NO. /-.//0 , _. : IN DIVORCE COMPLAINT AND NOW, comes the above-named Plaintiff, TONYA S. BILGER, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, THOMAS J. BILGER, upon the grounds hereinafter set 1. Plaintiff is TONYA S. BILGER an adult individual, who currently resides at 237 East Main Street, Apt. 2, Mechanicsburg, PA 17055. 2. Defendant is THOMAS J. BILGER an adult individual, who currently resides at 102 West Keller Street, Mechanicsburg, PA 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 1, 1999, in Newport News, Virginia. parties. There have been no prior actions of divorce or for annulment between the 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States or any of its allies. 8. The Plaintiffhas been advised of the availability of marriage counseling and understands that she may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the grounds on which the action is based are that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff prays that your Honorable Court enter a Decree in Divorce dissolving the marriage between the parties. Respectfully submitted, CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements heroin are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. TONYA ~.~ILGER, Plaintiff~) 3 TONYA S. BILGER, Ve THOMAS J. BILGER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. : IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on August 7, 2001 and have continued 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 of property, lawyers' fees or expenses if I do not claim them before a divorce is granted. 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 unsworn falsification to authorities. DATE .~L~-~ C~ / ~---J~' TONYA ~. BILGER, Plaint~i~f TONYA S. BILGER, THOMAS J. BILGER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : : CIVIL ACTION - LAW _. : NO. 04-405 ~ .. Defendant: IN DIVORCE AFFIDAVIT OF SERVICE I, BarbaraBronitsky, do hereby certify that on_ ~.3~f ~j C)~_~ , I did serve on Defendant, THOMAS J. BILGER, a certified copy of the Complaint In Divorce filed in the above-captioned matter on January 30, 2004, and a certified copy of the Plaintiff's Affidavit Under Section 3301(d) Of The Divorce Code filed in the above-captioned matter on January 30, 2004, by personally handing it to Defendant, THOMAS J. BILGER at _. ¢' ~'.~a.~ at 102 West Keller Street, Mechanicsburg, Pennsylvania, 17055. Dated: - - -' - ~;~(A~, . BARBARA G. BRONITSKY ' '-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TONYA S. BI£GER, : Plaintiff Vs. No. 04- 405 CIVIL TERM IN DIVORCE THOMAS j. BILGER, Defendant _NOTICE TO RESUME PR/OR SURNAME Notice is hereby given that theI~ Plaintiff [] Defendant in the above matter, [Select one of thc following] X~ prior to the entry ora Final Decree in Divorce, or [] after the entry of a Final Decree in Divorce dated. , hereby elects to resume thc prior surname of TONYA S. DAUGHERTY, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. § 704. ' -~ignat~'e of name bei~0g res~ed0 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF DAUPHIN ) On the ~ day of ~ ,2004, before me, the Prothonotary or a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. ~ Notarial Seal ~Constance R Brunt, Notary Public .Susquehanna Twp, Dauphin Coun ~My C6mm ssion Expires Oct. 20, 20~5 Prothonotary or Notary Public TONYA S. BILGER, THOMAS J. BILGER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - 405 CIVIL TERM IN DIVORCE NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECR ~;~,: TO: Thomas $. Bilger, Defendant You have been sued in an action for divorce. You have failed to answer to the complaint or file a counter-affidavit to the §3301(d) affidavit.. Therefore, on or aRer March 24, 2004, the Plaintiff can request the court to enter a final decree: in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 Associ~ttion 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the 3~ day of March, 2004, I served a true and correct copy of the foregoing Notice Of Intention To Request Entry Of Divorce Decree by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Thomas J. Bilger 102 West Keller Street Mechanicsburg, PA 17055 CONSTANCE p. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professiom,1 Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff TONYA S. BILGER, Ve THOMAS J. BILGER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. .. : CIVIL ACTION - LAW : : NO. 04 - 405 CIVIL TERM : : IN DIVORCE ..COUNTER-AFFIDAViT UNDER SECTION 3301(d) OF THE DIVORCE CODE [] (a) [] (b) [] (a) Check either (a) or (b): I do not oppose the entry ora divorce decree. I oppose the entry ora divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. Check either (a) or (b): I do not wish to make any claims for economic relieE 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. [] (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file ali of my economic claims with the prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that statements made in this counter-affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of I ~ 8 Pa.C.S. Section 4909 relating to answom falsification to authorities. DATE: ~OMAS J. BILGER, Defendant NOTICE: 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 SHOULD NOT FILE THIS COUNTER-AFFIDAViT. TONYA S. BILGER, THOMAS J. BILGER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION .. LAW : NO. 04 - 405 CIVIL TERM : · IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. Plaintiff, TONYA S. BILGER, being duly sworn according to law, deposes and says that she is the Plaintiff in the above matter; that she personally knows that the Defendant, THOMAS J. BILGER, is over the age of 18 years; and that he resides at 102 West Keller Street, Mechanicsburg, Pennsylvania. Plaintiff has no knowledge of whether Defendant is currently employed. Plaintiff further avers that Defendant is not in the military or naval service of the United States or its allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 and its amendments. SWORN TO AND SUBSCRIBED before me. this q.Lf~k._ day of Ak_- ,2004. NOTARY PUBLIC My commission expires: TONYA S. IIII_,GER, Plaintiff TONYA S. BILGER, THOMAS J. BILGER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : : NO. 04 - 405 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(d) of the Divorce Code. 2. Date and Manner of Service of the Complaint: By personal service on February 8, 2004. See Affidavit of Service filed on February 18, 2004. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff: N/A; By Defendant: N/A. (b)(1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: January 29, 2004 (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: Filed January 30, 2004. Served on February 8, 2004. See Affidavit of Service filed February 18, 2004. 4. Related Claims Pending: None. 5. (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, copy o£which is attached: March 3, 2004. (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: N/A. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: N/A. Respectfully submitted, DATE: CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff IN THE COURT Of COMMON OFCUMBERLANDCOUNTY STATE OF TCNYA S. B~Tf~FR, VERSUS PENNA. N O. ~ - 4o5 PLEAS DECREE IN AND NOW,~ I DECREED THAT II~A S. B2G~ DIVORCE IS ORDERED AND , PLAINTIFF, AND 'I~ ,.T. B]].GER ,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; BY The CO r :