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HomeMy WebLinkAbout08-5003 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA-CUMBERLAND COUNTY BRANCH Heath A. Ocker, Plaintiff : Civil Action -Law V. Katie L. Ocker, Defendant No- ??- 5403 : In Divorce a.v.m. NOTICE TO DEFEND AND CLAIM RIGHTS CrJ?i -f<<? 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 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 Franklin County Courthouse, first floor, 157 Lincoln Way East, Chambersburg, Pennsylvania. 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, 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 INOFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Bar Association - Lawyer Referral Service Telephone 1-800-692-7375 (PA ONLY) o 717-238-6807 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA-CUMBERLAND COUNTY BRANCH Heath A. Ocker, Civil Action -Law Plaintiff vi. No: ??d 3 c :v e? n. Katie L. Ocker, Defendant In Divorce a.v.m. COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. The Plaintiff is Heath A. Ocker, who currently resides at 9 Lynn Avenue, Newburg, Cumberland County, Pennsylvania, since on or about May 2002. 2. The Defendant is Katie L. Ocker, who currently resides at 9 Lynn Avenue, Newburg, Cumberland County, Pennsylvania, since on or about May 2002. 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 August 2, 2003 in Shippensburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that marital counseling may be requested and that a list of marriage counselors is available in the office of the Franklin County Prothonotary. Plaintiff has further been advised of the right to request that the Court require the parties to participate in marital counseling. 8. Plaintiff requests the Court to enter a Decree of Divorce. KAMINSKI & HAWBAKER, P.C. r??l!11 _ 'T Date: (A.,? A ?ttJd By. Abigail J. W. a age, Attorne for ' tiff 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 perjury contained in 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: ?t t 1 Heath A. Ocker, Plaintiff 1 mow.. 4a Q CJ M rr y r? R m -n n 4rf e...1 { y wJ rn IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA-CUMBERLAND COUNTY BRANCH Heath A. Ocker, Plaintiff : Civil Action -Law V. Katie L. Ocker, Defendant : No: 08 -5003 : In Divorce a.v.m. ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce filed on August 20, 2008 in the above-captioned action on behalf of the Defendant, Katie L. Ocker and certify that I am authorized to co so. Date: Michelle L. So r, Esquire Attorney for Defendant C? z flo t_ C KAMINSKI & HAWBAKEP, P.C. 221 Lincoln Way East Chambersburg, PA 17201 Ph: 717-263-4400 Fax: 717-263-7765 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA-CUMBERLAND COUNTY BRANCH Heath A. Ocker, Civil Action -Law Plaintiff V. : No: 08 -5003 Katie L. Ocker, Defendant In Divorce a.v.m. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on August 20, 2008. 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 of a final decree of divorce after service of notice of intention to request entry of the decree. 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 if I 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. C.S. Section 4904, relating to unsworn falsification to authorities. Date: d o) D $r Katie L. Ocker, Defendant OFC 2 a zaaa t1? Nov fi rn L KAMINSKI & HAWBAKER, P.C. 221 Lincoln Way East Chambersburg, PA 17201 Ph: 717-263-4400 Fax: 717-263-7765 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA-CUMBERLAND COUNTY BRANCH Heath A. Ocker, Civil Action -Law Plaintiff V. No: 08 -5003 Katie L. Ocker, Defendant In Divorce a.v.m. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on August 20, 2008. 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 of a final decree of divorce after service of notice of intention to request entry of the decree. 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 if I 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. C.S. Section 4904, relating to unworn falsification to authorities. _ Date:1100 vul a Heath A. Ocker, Plaintiff -17- z C.._ Ta? Heath A. Ocker, Plaintiff VS. Katie L. Ocker, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION . NO. nR-003 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: L Ground for divorce: Irretrievable breakdown under 3301 (c) 3301 (d) (1) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Defendant' a attarnPy of record accepted- service of Complaint nn 8/22/08 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 01/01109 ; by defendant 12/29/08 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: None 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 of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Filed contemporaneously herewith Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: Filed contemporaneously herewith AAktnt?om fo P ti f t ?? `?? ? _.,. `' .?, ? .__. w ??, ?^ .,-ra °r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Heath A. Ocker Plaintiff V. Katie L. Ocker NO. - n-5on Defendant DIVORCE DECREE AND NOW, I PkV,?Vllkj %I, '106? , it is ordered and decreed that Heath A. Ocke , plaintiff, and Katie L. Ocke , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.) By the Court, I* t KXA Attest: J. rothonotary b©, Ci-1 X 'it - i