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HomeMy WebLinkAbout10-2084OF DkFb,-W 2810IfAR 25 ptl 2-- 40 15 „ r SCOTT D. BANKS, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. / D - ?-b 8' y c. `I DEBRA K. BANKS, Defendant 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 foregoing 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 in 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 Courthouse 1 Courthouse Square Carlisle, PA 17013 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 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 s 35-.2.6 u CARLISLE, PA 17013 s -/- so /°jA Telephone: (717) 249-3166 11,3 9 1 .ro d y u?c 7G7? SCOTT D. BANKS, Plaintiff ) VS. ) DEBRA K. BANKS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. SCOTT D. BANKS, ) Plaintiff ) VS. ) DEBRA K. BANKS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, SCOTT D. BANKS, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is SCOTT D. BANKS, an adult individual who currently resides at 10 Amity Lane in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is DEBRA K. BANKS, an adult individual who currently resides at 3848 Derry Street in Harrisburg, Dauphin County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of 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 28 February 1987 in Harrisburg, Dauphin 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 of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II EQUITABLE DISTRIBUTION 9. 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. 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. iel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 1211 Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint peare nalties of 18 Pa correct. C S I 9understand 04 (unsworn t any false statements in this Complaint are subject to the falsification to authorities). 3 (U Ss Date: .a SCOTT D. BANKS SCOTT D. BANKS, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-2084 DEBRA K. BANKS, Defendant IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE C a a 1. Check ether (a) or (b): v rn c- :=-r r?- (a) I do not oppose the entry of a Divorce Decree. rn (b) I oppose the entry of a Divorce Decree because -<:t> -.4 48 (check (i), (ii) or both): ?,. Th i hi i h i ?' °• +' ave not e part es to t s act on ( ) lived separate and apart for a period of at least 2 years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-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: DEBRA K. BANKS NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 SCOTT D. BANKS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-2084 CIVIL TERM -03 , DEBRA K. BANKS, irn CIVIL ACTION - LAW z= r n cv rn- Defendant IN DIVORCE -<> - ' Da ` © s -n X, ? DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTIrwe Ag1V0 DECREE UNDER 4 3301 (c) OF THE DIVORCE CODE -t rv .,; ?- 1. 1 consent to the 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 to the. best of my knowledge, information and belief. 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: N-- DEBRA K. BANKS SCOTT D. BANKS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYW AIWA : Y V. NO. 2010-2084 CIVIL TERM -; rn- x? W DEBRA K. BANKS, CIVIL ACTION - LAW cn -cry r Defendant IN DIVORCE ac <C xs c-? ?? co DEFENDANT'S AFFIDAVIT OF CONSENT 5: C-- --t tv > 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed l it a r di 2S? Zno 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. 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: 3 1 9 Lalk"-ka - DEBRA K. BANKS Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 .r92 MAR 27 AM 10: 57 E;?! t ;? J :0U41.i .?. C14l'Y t.VAldI'A SCOTT D. BANKS, Plaintiff vs. DEBRA K. BANKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2084 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 25 March 2011 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a 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 in 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 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. 3 Dated: SCOTT D. BANKS SCOTT D. BANKS, Plaintiff vs. DEBRA K. BANKS, Defendant PRAECIPE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2084 IN DIVORCE Please withdraw all economic claims previously raised by the Plaintiff in this matter, including, without limitation, claims for equitable distribution, alimony, alimony pendente lite, or counsel fees and expenses. 3 April 2012 Sa uel L. An es Attorney for Plaintiff Supreme Court ID # 17225 525 North 12' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 PRO THONG TAP, 2112 APR 20 Ali 10: 0 7 CUM RLANO COUNTY PUNSYLVANIA SCOTT D. BANKS, FIUD-OFFICP TOE PROTHON61jARy IN THE COURT OF COMMON PLEAS 2012 APR 20 AN I0: p : CUMBERLAND COUNTY, PENNSYLVANIA VS.CUMIERLAND CouNrY PENNSYLVANIA CIVIL DIVISION DEBRA K. BANKS, : NO. 2010-2084 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: 1. Ground for divorce: Irretrievable breakdown under § (3301(c)) and § (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: Acceptance of Service filed on 14 June 2012 and served on 1 June 2010. 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 23 March 2012 ; by defendant 13 February 2012 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 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 plaintiff's Waiver of Notice was filed with the Prothonotary: dated 23 March 2012 and filed on 27 March 2012 Date defendant's Waiver of Notice was filed with the Prothonotary: dated 13 February 2012 and filed on 17 February 2012. omey for Plamtifflqe&aa" IN THE COURT OF COMMON PLEAS OF SCOTT D. BANKS CUMBERLAND COUNTY, PENNSYLVANIA V. DEBRA K. BANKS NO. 2010-2084 DIVORCE DECREE AND NOW, kw '44 A 114*-X Z , it is ordered and decreed that SCOTT D. BANKS DEBRA K. BANKS bonds of matrimony. plaintiff, and defendant, are divorced from the 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.") None By the Court, ??A U2 Attest: J. ,?,??? ced coy .na,z ea/ /k *O/P S A01i e d ( - ofy WC7 i ? L, P o / 7? AfWI6-?s