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HomeMy WebLinkAbout10-1436 BLED-Oi-FICE OF THE PrROTI"MOTAPY 2010 MAR - I PM 2: 19 JANE ADAMS ATTORNEY AT LAW CUMKRI?+' qD COUNTY PENNSYLVANIA Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmail.com REBECCA McCOMMONS, Plaintiff V. MICHAEL McCOMMONS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. /U - WB& Civil Term CIVIL ACTION - LAW 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 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 St. Carlisle, Pa. 17013 ' (717) 249-3166 3e7 -Sv Aaiw Alp/ w iANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmaii.com REBECCA McCOMMONS, Plaintiff V. MICHAEL McCOMMONS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. `U - /y 3? Civil Term CIVIL ACTION - LAW DIVORCE COMPLAINT IN DIVORCE COUNT I -DIVORCE 1. Plaintiff is Rebecca McCommons, a competent adult individual, who resides at 536 C. St., Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Michael McCommons, a competent adult individual, who resides at 304 Oakville Road, Shippensburg, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on November 7, 1997 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have one child together, namely, Faith McCommons, born February 24, 1995. y 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: that the marriage is irretrievably broken pursuant to 23 Pa.C.S. 3301(c); WHEREFORE, Plaintiff requests the court to enter a Decree in divorce. COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY 11. Paragraphs 1 - 10 are herein incorporated by reference. 12. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. fly submitted, Date: '-3 I/ /'/a a a Adams, Esquire I. . No. 79465 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION 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.C.S. §4904 relating to unsworn falsification to authorities. Date: D `? Rebecca McCommons, Plaintiff REBECCA McCOMMONS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10 - 1436 Civil Term w MICHAEL McCOMMONS, CIVIL ACTION - LAW Defendant : DIVORCE AFFIDAVIT OF CONSENT" :.-- , 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on 1,;910?? ?. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days havg-61a64d from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: Rebecca McCommons, Plamt?ff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 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. 1 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 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. Date: / Rebecca McCommons, Plaintiff REBECCA McCOMMONS, : IN THE COURT OF COMMON PLEAS -, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIF r -?? rn V. : NO. 10 - 1436 Civil Term r 7 r=, MICHAEL MCCOMMONS, : CIVIL ACTION - LAW Defendant : DIVORCE -a-` - t: V Pte' 1 AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on March 1, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 2 J Michael McCommons, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 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. 1 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 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. Date: 643 Michael McCommons, Defendant REBECCA McCOMMONS, : IN THE COURT OF COMMON PLEAS E'1) `gam ,,, ° -- ri --? Plaintiff CUMBERLAND COUNTY, PENNSYLVP@jA ` r'n : rte - - -v V 2010 - 1436 Civil Term : NO c5c? . . MICHAEL McCOMMONS, CIVIL ACTION - LAW z CD Z-' Defendant ; . DIVORCE 5: -:7 C)CII N ..-c o PRAECIPE TO TRANSMIT RECORD < TO THE PROTHONOTARY: Please accept this request to transmit the record, together with the following information to the Court for entry of a divorce Decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of the service of the Complaint: via hand-delivery, acceptance of service signed on April 8, 2010, and filed on April 12, 2010. 3. Date of execution of the Affidavit of Consent required by 3301(c) of the Divorce Code: By Plaintiff: June 23, 2011 By Defendant: June 23, 2011 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: June 27, 2011. 6. Date Plaintiffs Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: June 27, 2011. Date: 'l?h?l1 Ily sub Ar)b Adams, Esquire I. V No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA McCOMMONS, V. MICHAEL McCOMMONS NO. 2010 - 1436 Civil Term. DIVORCE DECREE AND NOW, 4414 /Z:, Ld ?{ , it is ordered and decreed that REBECCA McCOM ONS, , plaintiff, and MICHAEL McCOMMONS 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.") A#JJk By the Court. flaofll 70 Ao? "6ws if 0 ` . 3 k '