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HomeMy WebLinkAbout01-0557BRIAN J. JOHNSON Plaintiff DEBRA A. JOHNSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 200I - CIV~IL ACTION - DIVORCE NOTICE TO DE~END AND CLAIM R/GHTS 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 Prothonotary Dauphin County Courthouse, Harrisburg, PA. 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. CUMBRELAND COUNTY REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Ave. Carlisle, Pa 17013 BRIAN J. JOHNSON' : Plaintiff : : v. : No. : DEBRA A. JOHNSON : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(¢) OF THE DIVORCE CODE TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Brian Johnson, by Bryan S. Walk Esq., and represents as follows: COUNT I DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE l. Plaintiffis Brian Johnson, who resides at 299 Drescher Rd., Palmyra, Pennsylvania, m~d has resided there for approximately 9 months. 2. Defendant is Debra Johnson, who resides at 1061 Nanroc Dr., Mechanicsburg, Pennsylvania, and has resided there for approximately 11 years. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiffand Defendant were married on May 8, 1991, in Mechanicsburg, Pa. 5. There have been no prior actions ofdivome or annulment between the parties. 6. Plaintiffavers that there are 0 children under the age of 18. 7. The Plaintiffis a citizen of the United States of America. 8. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 9. The marriage is irretrievably broken. 10. The Plaintiffhas 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. WHEREFORE, Plaintiffrequests the Court to enter a Decree in Divorce pursuant to Section 330 l(c) of the Divorce Code dissolving the marriage between the Plaintiff and the Defendant. I.D.# 63881 108 - 112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 ATTORNEY FOR PLAINTReF VERIFICATIOBI I verify that the statements made herein are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Bryan S. Walk ATTORNEY AT LAW 108-112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 ~...,~.~, ~,. ,,~,rtl,~,~,. : IN TH]~ COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA : v. : No. 2001 : DEBRA A. JOHNSON : Defendant : CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I hereby certify that on the~3 Day of January, 2001, A copy of the Divorce Complaint was served by certified mail, restricted delivery,return receipt requested, addressee copy of Plaintiff's Compla'mt In Divorce upon the person named below, in accordance with the applicable Rules of Procedure, addressed as follows: Debra A. Johnson 1061 Nanroc Dr. Mechanicsburg, Pa 17055 Attorney ID No. 63881 108-112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 Counsel for Plaintiff BRIAN J. JOHNSON Plaintiff DEBRA A. JOHNSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 2001 - 4'g7 CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE · Print your · A['tach this card to the back of the mailpiece, or on the front if space permits. 1. ,~'tJcle Addressed to: Article Number (Copy from service labe~ PS Focm 3811, July 1999 A. Received by (Please P~nt Clearly) B. Date of D~ ignature D. Is d~ivery address differ~ ~rorn imm 17 r3 Yes ff YES, enter detivery address be(ow: [] NO 3. Service Type [~ertified Mai{ I~ Express Mai{ [] Registered [] Return Receipt for Merchandise Domestic Return Receipt BRIAN J. JOHNSON Plaintiff Vo DEBRA A. JOHNSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 2001-557 Civil Term CIVIL ACTION ~ DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(C)of the Divorce Code was filed on January 26th, 2001 2. The marriage of Plaintiff and Defendant is irretrievably broken and (90) ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree of Divome 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. ate:-7- %0/ BRIAN J. JOHNSON Plaintiff DEBRA A. JOHNSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 2001-557 Civil Term CIVIL ACTION ~ DIVORCE 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 ifI 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 tree and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. BRIAN J. JOHNSON Plaintiff DEBRA A. JOHNSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 2001-557 Civil Term CIVIL ACTION ~ DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(C)ofthe Divorce Code was filed on January 26th, 2001 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry ora 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: RA A. JOHNSON3 - BRIAN J. JOHNSON Plaintiff DEBRA A. JOHNSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 2001-557 Civil Term CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (¢)OF THE DIVORCE CODE I. 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 ttmt 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. Date: ~ / I.~ ~, BRIAN J. JOHNSON Plaintiff DEBRA A. JOHNSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 2001-557 Civil Term CIVIL ACTION - 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. Grounds for divorce: Irretrievable breakdown under Section 3301 C of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service by Defendant by first class mail, certified delivery return receipt on January 31, 2001 3. (Complete either paragraph (a) or (b)) (a) Date of execution of the Affidavit of Consent required by Section 3301 © of the Divorce Code: by Plaintiff on July 09, 2001 and signed by Defendant on July 13, 2001. (b) (1) Date of execution of the PLAiNTIFF'S Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the PLAiNTIFF'S Affidavit upon the DEFENDANT: 4. Related claims pending: None. a ~ot,~ ~.a manner of service of the Notice of Intention to File Praecipe to Transmit IN THE COURT OF COMMON Brian ,1. ,Tnhn~nn OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff NO. YERSUS Debra A. Johnson Defendant PLEAS 2001-557 Civil Term DECREE IN DIVORCE AND NOW, July z~' 2001 DECREEd that Brian J. Johnson AND Debra A. Johnson ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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;