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HomeMy WebLinkAbout01-0034RONALD L. KILLIAN, Plaintiff MARl N. KILLIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- ,.~ CIVIL TERM 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 prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divome 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 divome 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 4 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 II RONALD L. KILLIAN, : Plaintiff : : MARI N. KILLIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- 3'-/ CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) AND 3301rd) OF THE DIVORCE CODE 1. Plaintiff is Ronald L. Killian, an adult individual who currently resides at 1240 Holly Pike, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Marl N. Killian, an adult individual who currently resides at 1240 Holly Pike, Carlisle, Cumberland County, Pennsylvania. 3. 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. 4. The Plaintiff and Defendant were married on April 14, 1979 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divome or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiffrequests the court to enter a decree of divome. WHEREFORE, the Plaintiffrequests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfnlly submitted, David A. Boric, Esquire I.D.# 44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Ronald L. Killian dab.dir/domestic/killian/complaint.pld VERIFICATION I verify that the statements made in this Complaint 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. Ronald L. Killian Date: RONALD L. KILLIAN, Plaintiff MARI N. KILLIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-34 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 330 I(C) of the Divorce Code was filed on January 3, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6, 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 ar~sworn falsification to authorities. Date: Ronald L. Killian RONALD L. KILLIAN, Plaintiff MARI N. KILLIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-34 CIVIL TERM[ CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on January 3, 2001. 8,2001. Defendant acknowledges receipt and accepts service of the Complaint on January 3. 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. 1 consent to the entry of a final decree in divorce without notice. 5. 1 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 afftdavit 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 unswom falsification to authorities. Mari N. Killian RONALD L. KILLIAN, Plaintiff MARI N. KILLIAN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-34 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I, David A. Baric, Esquire, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card. David A. Baric, Esquire SENDER: I also wish to receive the follow- [] Goenf~ete iteme 1 and/or 2 for additional se~tices, lng services (for an extra fee): Q Attac~ this form to the front of the meilpiece, or o~ th~ back if spa~Je does riot 2. ~Restrich~d Delivery 3. Arliole Addressed to: 4a. Arliole Number o -- ., ~, vO ~, , [] Registered ~Certifled J ~m!134~ HOJJq [~ I ~)~.~ FI Express Mail ~nsured rt ,' I~. ~7i1~ J'~j'~-~ F1RetumReceiptforMerchandlse F1COD fflr. t. , II Yl O l s. P.~ed 85':~Prljt~m~ · 8. ^ddmss~e's~addr~s (mty it requited ~. ~b~t~r4 (Addre~g'~e or AgectJ PS Form 3811, December ~ g~. ~0~v~-~-o~8 OomestJ¢ Return Receipt RONALD L. KILLIAN, Plaintiff V. MARI N. KILLIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-34 CIVIL TERM CIVIL ACTION-LAW 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(c) of the divorce code. 2. Date and manner of service of the complaint: Service upon the Defendant via certified mail, restricted delivery on January 8, 2001. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiff April 17, 2001 ; by the defendant April 9, 2001 (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant N/A 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: April 18, 2001 (b) Date plaintiff's waiver of notice in Section 3301 (c) divome was filed with the Prothonotary: April 18. 2001 Date defendant's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: April 18,2001 ~ , /( David A. Baric, Esquire Attorney for Plaintiff, Ronald L. Killian iN THE COURT OF COMMON Ronald L. OFCUMBERLAND COUNTY STATE OF ¢~1~ PENNA. Killian, Plaintiff NO. 2001-34 CIVIL PLEAS TERM Marl N. VERSUS Killian, Defendant DECREE IN DIVORCE AND NOW, DECREED that Ronald L. Killian Mari N. Killian AND IT IS ORDERED AND ,PLAINT]FF, ,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; NONE ATTEST: PROTHONOTARY