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Home My WebLink About04-0986 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TRUMAN R. HORNIER Plaintiff VS. CIVIL ACTION--LAW NO. 2004- q~::~ CIVIL TERM TAMMY L. HORNER Defendant IN DIVORCE NOTICE TO DEFEND AND CI,AIM RIGRT,q 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 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 Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TRUMAN R. HORNER Plaintiff CIVIL ACTION--LAW VS. NO. 2004- 9J>~:> CIVIL TERM TAMMY L. HORNER Defendant 1N DIVORCE COMPLAINT UNDER SECTION 3301(c} OF THE DIVORCE CODE Plaintiffis Truman R. Horuer who currently resides at 60 McAllister Church Rd., Carlisle, Cumberland County, Pennsylvania. Defendant is Tammy L. Homer who currently resides at 60 McAllister Church Rd., Carlisle, Cumberland County, Pennsylvania. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this complaint. The Plaintiff and Defendant were married on February 26, 1984, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. Plaintiffhas been advised that counseling is available and that Plaintiff may have the fight to request that the Court require the parties to participate in counseling. Date: March ff , 2004 Plaintiff requests the Court to enter a decree in divorce. 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unsworn falsification to authorities. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TRUMAN R. HORNER, Plaintiff CIVIL ACTION--LAW VS. NO. 2004- q~ CIVIL TERM TAMMY L. HORNER, Defendant IN DIVORCE ACCEPTANCE OF ,~ERVICE AND NOW, this .~-~day of March, 2004, I Tammy L. Homer, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a .~nd attested ~ o~a/d Complaint. TRUMAN R. HORNER, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND ,COUNTY, PENNSYLVANIA v. 04- 986 CIVIL TERM TAMMY L. HORNER, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY March 8 2. 5 , 2004. 3. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on 2004. Defendant acknowledged receipt and accepted service of the Complaint on March The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce, without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marTiage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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 P'a.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 6/11/04 TRUMAN R. HORNER, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. 04- 986 CIVIL TERM TAMMY L. HORNER, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTI,ON TO REQUEST ENTRY CIi~ DIV~RCI~, I~I~,~REE UNDER ~ECTI(}N ~3fll ((?) OF THI~, DIV(~RCE c~r}rll~l 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on March 8 , 2004. 5 ,2004. Defendant acknowledges receipt and accepts service of the Complaint on March 3. The marriage of the Plaintiff and Defendant is in'etrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: 6/11/04 TAMMY T[II~TER TRUMAN R. HORNER, Plaintiff VS. TAMMY L. HOKNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-986 1N DIVORCE PRAECIPE TO TRANSMIT KECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of the Complaint: acceptance of service signed by Defendant March 5, 2004, filed in the Office of the Prothonotmy on March 8, 2004. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff and Defendant on June 11, 2004. 4. Related claims pending: .None 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Not applicable. Respectfully submitted, Steven J. Fishman, Esquire, ID#16269 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 IN THE COURT OF COMIVION PLEAS Of CUMBERLAND COUNTY STATE OF .~. PENNA. NO. 2004 986 TRLIviAN R. HORNER VERSUS q~/~VY' T,. ~,C~:~ AND NOW, DECREED THAT DECREE IN DIVORCE TRI/VjAN R. HOiRNER 2004 , IT IS ORDERED AND , PLAINTIFF, AND T.z~v[Y L. HORNER , DEFENDANT, ARE DIVORCED PROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN TH}S ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; ATTEST: ~~_~~)TARY