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HomeMy WebLinkAbout04-1490TINA M. SPRINGER, Plaintiff. TRACY E. SPRINGER, Defendant NOTICE : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : IN DIVORCE 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 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 IF YOU DD 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 OR C~uNNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 TINA M. SPRINGER, Plaintiff vs. TRACY E. SPRINGER, Defendant : CIVIL ACTION : NO. : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in idivorce. By virtue of Section 202 of the Pennsylvania Divorce iCode, it is a duty of the Court to advise both parties of the !iavailability of counseling and upon request of either provide both ilparties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 Prothonotary TINA M. SPRINGER, : Plaintiff : VS. : TRACY E. SPRINGER, : Defendang : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. IN DIVORCE CO~PLAINT IN DIVORCE 1. Plaintiff is Tina M. Springer, a citizen of Pennsylvania, residing at 210 Conodoguinet Avenue, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Tracy E. Springer, a citizen of Pennsylvania, residing at 115 South 16th Street, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui juris and 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 June 4, 1982, in York County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are 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 parties 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 Divorce 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, Plaintiff intends 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 II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. After a period of two (2) years has elapsed from the date of ~separation, Plaintiff intends to file her affidavit of having lived separate and apart. 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 in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed her affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. Respectfully submitted, DISSINg~R and DISSING~R ~en L. Ko~h~g~ber~, ~s~riYe ~/ Attorney for PlaintiffU /// Supreme Court ID #85556 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Tina M. Springer, verify that the statements made in the foregoing document 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. Tina M. Springer, Pl~intiff-~ ~INA M. SPRINGER, Plaintiff vs. TRACY E. SPRINGER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. 04-1490 : IN DIVORCE AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss Karen L. Koenigsberg, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Plaintiff,s Complaint in Divorce in this action to the Defendant at his residence, and that Defendant did receive same as evidenced by the signed receipt dated April 8, 2004, attached hereto as Exhibit "A". ? , / · i ~ai~,n L. ~o~berg ~'v Attorney for ~tainti~ Supreme Court ID ~85556 / 28 North Thirty-second S~reet Camp Hill, PA 17011 (717) 975-2840 to and subscribed before me this twelfth day of April, 2004. (12th) ~Notary P%blic ' J ~ Rece~fit ~or Merchandise UNITED STATES POSTAL SERVICE Postage & Fees Paid USPS Permit No, G-10 · Sender: Please print your name, address, and ZIP+4 in this box ° EXHIBIT "A"' TINA M. SPRINGER, Plaintiff vs. TRACY E. SPRINGER, Defendant : IN THE COURT OF COMMON PLEAS : OF C~BERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. 04-1490 : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on April 7, 2004, and served on or about April 8, 2004. The marriage of Plaintiff and Defendant is irretrievably roken 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 the notice of intention to request entry of the decree. 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. Tina M. Springe~r, Plaintiff FINA M. SPRINGER, : IN THE COURT OF COMMON PLEAS Plaintiff : OF C~BERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION TRACY E. SPRINGER, : NO. 04-1490 Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 2s A Complaint in divorce under § 3301(c) of the Divorce Code filed on April 7, 2004, and served on or about April 8, 2004. The marriage roken and ninety ~nd service of the of Plaintiff and Defendant is irretrievably (90) days have elapsed from the date of filing Complaint. 3. I consent to the entry of a final decree of divorce after ~ervice of the notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true ~nd 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. TrR~-~Y,-E~. Springer, ~U~T~ndant rINA M. SPRINGER, Plaintiff vs. FRACY E. SPRINGER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. 04-1490 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. I understand that I may lose rights concerning alimony, limony pendente lite, marital property or counsel fees if I not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce ~ecree 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 zrue 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. Tina M. Springe~, PI~tiff rINA M. SPRINGER, Plaintiff vs. TRACY E. SPRINGER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. 04-1490 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE consent to the entry of a final Decree in Divorce without I understand that I may lose rights concerning alimony, limony pendente lite, marital property or counsel fees if I not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce ~ecree is entered by the Court and that a copy of the decree ~ill be sent to me immediately after it is filed with the Prothonotary. 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. Tracy ~. Springer, Defendant ?INA M. SPRINGER, Plaintiff VS. FRACY E. SPRINGER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 04-1490 : IN DIVORCE PRAECIPE TO TRAI~SMIT RECORD the Prothonotary: Transmit the record, together with the following information, the Court for entry of a divorce decree: 1. Ground for divorce: ~301(c) of the Divorce Code. Irretrievable breakdown under § 2. Date about April 8, 9elivery. and manner of service of the Complaint: on or 2004, by United States Certified Mail, Restricted 3. Date of execution of the Affidavit of Consent Dy § 3301(c) of the Divorce Code: By Plaintiff July 12 )efendant 7//~ , 2004. ' Related claims pending: None. 5. Date Plaintiff,s Waiver of Notice in § 3301(c) filed with the Prothonotary: q/~4 , 2004. -! Date Defendant,s Waiver o[ Notice in § 3301(c) Eiled with the Prothonotary: Q/~! , 2004. / Respectfully submitted, )ate: ~c: Tina M. Springer Tracy E. Springer Divorce required 2004; by Divorce t~_a~n L[ k~Seni~be~g AttOrney for Plaintiff 28 N. 32nd Street Camp Hill, PA 17011 717-975-2840 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. TINA M. SPRINGER, Plaintiff VERSUS TRACY E. SPRINGER, Defendant NO. 04-1490 DECREE IN DIVORCE AND NOW, Tina M. Springer DECREED THAT Tracy E. Springer AND , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOL. LOWING CLAIMS WHICH HAVE BEEN RAISED OF rECORD IN THIS ACTION FOR WH}CH A fINAL ORDER HAS NOT YET beeN eNTEred; None. PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Vs : Defendant : : IN DIVORCE NOTICE TO RESUME PRIOR SURNAMF, Notice is hereby given that the Plaintiff/defendant in the above matter, [select one by marking "x"] __ prior to the entry ufa Final Decree in Divorce, or ~x_ after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of ~'~', ~ ~4[q~t(~~--, and gives this written notice avowing his / her intention pursu~mt to the p~visions of{54 P.S. 704. Signature -- Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA COUNTY OF~ ) On the (~..~ ~-hday of 2~, ffC)~5 ~ , 200~,, before me, the Prothonotary or the notary public, personally appYared 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 hereunto set my hand and official seal. JUDY S. SMITH, NOTARY PUBLIC Carlisle Bore, Cumberland County Prottmnotary ,or Notary Public My Commission Expires April 4, 2005