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HomeMy WebLinkAbout04-0645 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH ANNE HARV1LLA, Plaintiff V. JOSEPH F. HARVILLA, JR., Defendant No. 04- ~qj Civil Term Civil Action - Law Divorce NOTICE TO DEFEND AND CLAIM OF 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 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 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, Carlisle, Pe~msylvania 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cttmberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249~3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH ANNE HARVILLA, Plaintiff JOSEPH F. HARVILLA, JR., Defendant : No. 04- Civil Action - Law : Divorce Civil Term COMPLAINT FOR DIVORCE UNDER SECTIONS 3301 ( c ) OR 3301 ( d ) OF THE DIVORCE CODE 1. Plaimiffis Beth Harvilla, who currently resides at 712 Hanover Manor, #F-105, Carlisle, Cumberland Cotmty, Pennsylvania, 17013. 2. Defendant is Joseph Harvilla, who curremly resides at 170 Faith Circle, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaimiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months prior to the filing of this Complaint. 4. Plaimiff and Defendant were married on October 21, 1990 in Gig Harbor, Washington. 5. The marriage is irretrievably broken, and the parties separated on October 19, 2003. 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiffhas been advised of the availability of counseling and right to request that Court require the parties to participate in counseling. 8. Defendant is not a member a member of the Armed Services of the United States or any of its Allies. 9. Plaintiffavers that the grounds on which the action is based are: a. Section 3301 ( c ) - the marriage is irretrievably broken. b. Section 3301 ( d ) - the marriage is irretrievably broken and the parties are now living separate and apart. The parties separated on or about October 19, 2003. Once the parties have been living separate and apart for more than two years, Plaintiffwill submit an Affidavit alleging that the parties have lived separate and apart for at least two years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, ~LP 40 l East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. Section 4904, relating to unsworn falsification to authorities. Beth Harvilla IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH ANNE HARVILLA, Plaintiff JOSEPH F. HARVILLA, JR. Defendant No. 04-645 : Civil Action- Law : Divorce ACCEPTANCE OF SERVIC/i I accept service of the Complaint for Divorce under Sections 3301 ( c ) or ( d ) of the Divorce Code. Date Jonah r. Harvilla Defendant _. /;;o Farr/~ Mailing Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH ANNE HARVILLA, Plaintiff ' No. 04- 645 Civil Term JOSEPH F. HARVILLA, JR., Defendant Civil Action - Law : Divorce 2004. AFFIDAVIT OF CONSENT 1. A complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 13, 2. The marriage of Plaintiff and Defendant is irretrievab]ly broken and ninety days have elapsed from the date of filing and service of the Complaint 3. I consent to the enuy of a final decree of divorce. 4. I understand that I may have rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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. Beth Anne Harvilla IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH ANNE HARVILLA, Plaintiff No. 04- 645 Civil Term JOSEPH F. HARVILLA, JR., Defendant Civil Action - Law : 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 of divorce wit]bout 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 Waiver 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. Beth Anne Harvilla - ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH ANNE HARVILLA, Plaintiff : No. 04- 645 Civil Term JOSEPH F. HARVILLA, JR., Defendant : Civil Action - Law : Divorce 2004. AFFIDAVIT OF CONSENT_ 1. A complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 13, 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 ora final decree of divorce. 4. I understand that I may have rights concerning alimony, division of property, lawyer's t~es or expenses ifl do not claim them before a divorce is granted. I veril~ 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. ~ph F. Ha~villa, Jr. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH ANNE HARVILLA, Plaintiff · No. 04- 645 Civil Term JOSEPH F. HARVILLA, JR., Defendant Civil Action - Law :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 wit]bout 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. § 4904 relating to unswom falsification to authorities. Date: Joseph F. Har~iila,-Jr~ ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH ANNE HARVILLA, Plaintiff No. 04- 645 Civil Term ' Civil Action - Law JOSEPH F. HARVILLA, JR., Defendant : Divorce Certificate of Service I, Megan Malone, of the Law Offices ofLopezNeuharth LLP, do hereby certify that I have served a Praecipe to Transmit Record, Vital Statistics Fot~n, Affidavits of Consent of Plaintiff and Defendant, and Waivers of Notice of Plaintiff and Defendant on the persons listed below at the addresses listed below by placing a copy of the sm~e in the United States Mail, first class, postage prepaid on this 20t~ day of May, 2004. Joseph F. Harvilla, Jr. 170 Faith Circle Carlisle, PA 17013 Beth Harvilla 712 Hanover Manor, #F-105 Carlisle, PA 17013 Megan M~lone Law Offices ofLopezNeuharth LLP At~Iomey for Plaintiff 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN,~YLVANIA BETH ANNE HARVILLA, Plaintiff No. 04- 645 Civil Term : Civil Action - Law JOSEPH F. HARVILLA, JR., Defendant : Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infortrtation, 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: A copy of the Divorce Complaint was hand deliVered to Defendant on February 13, 2004. Defendant accepted service of the Complaint on February 13, 2004. 3. Date of execution of the Affidavit of Consent required by 3301( c ) of the Divorce Code: by Plaintiff- May 17, 2004; by Defendant - May 19, 2004. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in 3301 ( c ) Divorce was filed with the Prothonotary: May 20, 2004. Date Defendant's Waiver of Notice in 3301 ( c ) Divorce was filed with the Prothonotary: May 20, 2004. Attorney for Plaintiff Law Offices ofLopezNeuharth LLP 401 E Louther St., Suite 101 Carlisle, PA 17013 IN THE COURT Of COiVlMON OF CUMBERLAND COUNTY STATE OF JOSEPH F. HARVILLA dEFt~NDANT PLEAS PENNA. N O. 04-645 DECREE IN Divorce AND NOW,~ DECREED THAT , IT IS ORDERED AND , PLAINTIFF, HARVILLA AND JOSEPH F. HARVILLA , 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; ~OTHONOTARY