HomeMy WebLinkAbout01-0624
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LOWANDA M. BARD,
v.
CIVIL ACTION - LAW
IN DIVORCE
RICHARD E. BARD,
Defendant
# (1- (,YI CIVIL TERM
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.
When the ground for 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 the Cumberland
County Court House, Carlisle, Pennsylvania, 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTy, PENNSYLVANIA
LOWANnA M. BARD,
v.
CIVIL ACTION - LAW
IN DIVORCE
RICHARD E. BARD,
Defendant
#
CIVIL TERM
AFFIDAVIT OF MARRIAGE COUNSELING
I, Lowanda M. Bard, being duly sworn according to law, depose and say:
1. I have been advised of the availability of marriage counseling and
understand that I may request that the Court require that my spouse and I
participate in counseling.
2. I understand that the Court maintains a list of marriage counselors in the
Prothonotary's Office, which list is available to me upon request.
3. Being so advised, I do not request that the Court require that my spouse
and I participate in counseling prior to a divorce decree being handed
down by the Court.
I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities.
Dated:
q?D \6 I
c1~ /11.~
Lowanda M. Bard, Plaintiff
Sworn and subscr~b~qhto
befortL me this .c~""''-
of aO.'Y\UCI...~
~4\ .vY\O-\IlOIJ
Notary Public
day
, 20QL.
MOTAIllAL IPl bIk
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LOWANDA M. BARD,
v.
CIVIL ACTION - LAW
IN DIVORCE
RICHARD E. BARD,
Defendant
# 0/. (.;J.<( CIVIL TERM
COMPLAINT IN DIVORCE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW COMES, Lowanda M. Bard, Plaintiff, by her attorney, Ruby D. Weeks,
Esquire, who avers as follows:
1. Plaintiff, an adult sui juris, is Lowanda M. Bard, a U. S. citizen, who
currently resides at 323 Airport Road, Shippensburg, CUmberland County,
Pennsylvania 17257, since February 5, 2000.
2. Defendant, an adult sui juris, is Richard E. Bard, a U. S. citizen, who
currently resides at 15 Irvin Drive, Shippensburg, Cumberland County,
Pennsylvania 17257, since November 1997.
3. Plaintiff and Defendant have been a bona fide resident(s) 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 June 16, 1990, in Franklin
County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties in this or any other jurisdiction.
6. Neither party is a member of the Armed Forces of the United States.
7. The marriage is irretrievably broken.
8. Plaintiff and Defendant have lived separate and apart since February 5,
2000.
9. 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.
10. Plaintiff requests the Court to enter a decree of divorce.
COUNT I - IRRETRIEVABLE BREAKDOWN
3301 (c) of the Divorce Code
11. Paragraphs 1 through 10 are hereby incorporated by reference and made a
part hereof.
12. The marriage is irretrievably broken.
a. Plaintiff and Defendant have lived separate and apart since February
5, 2000.
13. Plaintiff has been advised as to the availability of counseling and that
he may have the right to request that the Court require the parties to
participate in counseling.
14. Plaintiff requests the Court to enter a decree of divorce.
COUNT II - REQUEST FOR DIVISION OF PROPERTY
UNDER SECTION 53502 OF THE DIVORCE CODE
15. Paragraphs 1 through 14 are hereby incorporated by reference and made a
part hereof.
16. The parties purchased or otherwise obtained during the course of their
marriage property which is considered "marital propertyll.
17. Upon entry of a divorce decree, such property should be divided equitably
as is just and proper.
WHEREFORE, plaintiff prays that a decree in divorce be entered divorcing
plaintiff from the bonds of matrimony between the said plaintiff and defendant.
a. As to Count I, in the alternative, should Defendant execute an
Affidavit consenting to a divorce because the marriage is
irretrievably broken, that a decree in divorce be entered divorcing
Plaintiff from the bonds of matrimony between the said Plaintiff and
Defendant.
b. As to Count II, that this Court determine marital property and order
an equitable distribution thereof.
c Such other additional relief as the Court deems necessary and
appropriate.
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 \
.~~ ,42. &u4
Lowanda M. Bard, Plaintiff
R&~~re
A;~~r~~~~~or Plaintiff
10 West High Street
Carlisle, PA 17013
(717) 243-1294
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COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
and says that the facts contenned in the foregoing Complaint are CLue and
The above named, LO'.tJanda M. Bard, being duly sworn according to J d'N I deposes
correct, and the complaint is not D1ade out of tevity or by collusion bet'Neen her
and the said Defendant for the mere purpose of being freed and separated tram
each other, but that it is broll'-:Tht in sincerity and in truth to~::: che cause
mentioned in the said Complaint.
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LOWANDA M. BARD,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
sv.
:CIVIL ACTION - LAW
:IN DIVORCE
RICHARD E. BARD,
Defendant
:#01-624 CIVIL TERM
AFFIDAVIT OF SERVICE BY MAIL
PURSUANT TO PA R.C.P. 1920.4 (a) (l) (ii)
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
I, RUBY D. WEEKS, ESQUIRE, Attorney for Lowanda M. Bard, being duly
sworn according to law, depose and say that a true and correct copy of the
Divorce Complaint was served on the Defendant, Richard E. Bard, at 15
Irvine Drive, Shipp ens burg , PA 17256, by mailing the same to him by
certified mail, restricted delivery, postage prepaid, No. 7099 3400 0018
5048 7687, on January 31, 2001. Service was accepted on February 2, 2001.
RUbY~~
Sworn and subscribed to
before me this ~l day
of .lfl V.\JJJ.LLr 20QL.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Lowanda M. Bard,
Civil Action - Law
Plaintiff
#01-624
Richard E. Bard,
Defendant
In Divorce a v.m.
NOTICE
If you wish to deny any of the statements set forth in this Affidavit, you must file a
Counteraffidavit within twenty days after this Affidavit has been served on you or the statements will
be admitted.
DEFENDANT'S AFFIDAVIT UNDER
SECTION 3301(d) OF THE DIVORCE CODE
1. The parties to this action separated approximately February 4, 2000, and have
continued to live separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses in do not claim them before a divorce is granted.
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.
Dated:
1j..-IY~o3
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
Lowanda M. Bard
No.
01-624
VERSUS
Richard E. Bard
DECREE IN
DIVORCE
AND NOW,
, 2004
, IT IS ORDERED AND
DECREED THAT
Lowanda M. Bard
, PLAINTIFF,
AND
Richard E. Bard
, 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;
By THE COURT:
ATTEST:
PROTHONOTARY
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Lowanda M. Bard,
Civil Action - Law
Plaintiff
#01-624
Richard E. Bard,
Defendant
In Divorce a v.m.
AFFIDAVIT OF NON-MILITARY SERVICE
PURSUANT TO PA.R.C.P.1920.46
Defendant, Richard E. Bard, being duly sworn according to law, deposes and says that he is
the Defendant in the above-captioned matter; that he personally knows the Plaintiff, Lowanda M.
Bard, is over the age of eighteen years; and that the Plaintiff is not in the military service or in any
branch ofthe armed forces of the United States or its allies or otherwise within the provisions of the
Soldier's and Sailor's Civil Relief Act of Congress of 1940 and the amendments.
4;;;;!dd
Richard E. Bard, Defendant
Sworn to and subscribed before me
this ~ day of r- f InnJa n 1 ' 2004.
~f" Cl ?"dukl'J
NOTARIAL SEAL .
I PAMELA A SWITALSKI. Notary Public
!hlppensburg, Cumberland County
My CommjSSiOn_~xpir~S Feb~~~004
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Lowanda M. Bard,
Civil Action - Law
Plaintiff
#01-624
Richard E. Bard,
Defendant
In Divorce a v.m.
AFFIDAVIT OF SERVICE
STATE OF PENNSYLVANIA
COUNTY OF FRANKLIN
Personally appeared before me, a Notary Public, in and for said State and County, Jeffrey
S. Evans, Esquire, who, being duly sworn according to law, deposes and says that he did serve
Defendant's Affidavit, Affidavit of Non-Military Service, and Notice of Intention to Request the
Entry of Divorce Decree in the above-captioned matter on the Plaintiff, Lowanda M. Bard, by
mailing a true and attested copy of the same to her attorney of record, Ruby D. Weeks, Esquire,
at her mailing address of 10 West High Street, Carlisle, Pennsylvania 17013, by regular, first
class mail on January 16, 2004 at the post office in Waynesboro, Pennsylvania.
/
BY{
J effre
Atto
Sworn to and subscribed to before
me this ~ day of T..eDu.ClUj
Not6u~ltO ~ ~. ~~
,2004.
NOTARIAL SEAL
Kelly V. High, Notary Public
Washington TownshIp. Franklin County
My Commission Expires Nov. 29, 2004
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Lowanda M. Bard,
Civil Action - Law
Plaintiff
#01-624
Richard E. Bard,
Defendant
In Divorce a v.m.
PRAECIPE TO TRANSMIT RECORD
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( d)(1) ofthe Divorce Code.
2.
Date and manner of service ofthe Complaint: Service ofthe Complaint in divorce was made
on the Defendant, Richard E. Bard, by mailing the same, certified mail, return receipt requested,
deli ver to addressee only, a tme and attested copy of the Complaint for Divorce to the Defendant on
January 31, 2001, as evidenced by the Affidavit of Service filed in this cause. The Divorce
Complaint was dated January 30,2001.
3.
Date of execution of Defendant's Affidavit required by Section 3301( d) of the Divorce Code:
Defendant's Affidavit was executed on December 18, 2003.
Date of service of Defendant's Affidavit upon the Plaintiff: Service of the Defendant's
Affidavit required by Section 3301(d) of the Divorce Code together with Notice to Plaintiff was
made on the Plaintiff, Lowanda M. Bard, by mailing a true and attested copy of said documents to
the Defendant's attorney of record, Ruby D. Weeks, Esquire on January 16, 2004, as evidenced by
the Affidavit of Service filed in this cause.
4.
Related claims pending: None.
5.
Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a
copy of which is attached, if the decree is to be entered under Section 3301(d)(1)(i) of the Divorce
Code: Notice of Intention to Request Entry of Divorce Decree was served on the Defendant's
attorney ofrecord, Ruby D. Weeks, Esquire, by mailing the same to her, on January 16, 2004 as
evidenced by the Affidavit of Service filed in this case.
Respectfully submitted,
Dated:~b!~
~
endant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Lowanda M. Bard,
Plaintiff
Richard E. Bard,
Defendant
Civil Action - Law
#01-624
In Divorce a v.m.
NOTICE OF INTENTION TO REQUEST
ENTRY OF DIVORCE DECREE
TO: Lowanda M. Bard, Plaintiff
RubyD. Weeks, Esquire
I 0 West High Street
Carlisle, PA 17013
Richard E. Bard, the Defendant, by his attorney Jeffrey S. Evans, Esquire, intends
to file with the court the Praecipe to Transmit Record on or after February 20, 2004
requesting that a final decree in divorce be entered.
Respectfully submitted,
/'
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B~
Jeffrey,
Atto . efendant
2081 East Main Street
Waynesboro, PA 17268
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LOWANDA M. BARD
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
V.
RICHARD E. BARD
NO. 2001-0624 CIVIL
ORDER OF COURT
AND NOW, this 4TH day of MARCH, 2004, it appears to the Court that
Plaintiff's complaint requests inter alia, the equitable division of marital property.
We are not prepared to enter a final decree in divorce until Plaintiff's counsel
withdraws that claim or the matter is bifurcated after petition and hearing.
ce Court,
I
Edward E. Guido, J.
Auby D. Weeks, Esquire
10 West High Street
Carlisle, Pa. 17013
.>
/Jeffrey S. Evans, Esquire
2081 East Main Street
Waynesboro, Pa. 17268
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LOWANDA M. BARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
RICHARD E. BARD,
Defendant
#01-624
CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on January 3D, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken 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
notice of intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of
property, lawyer I s fees or expenses if I do not claim them before a
divorce is granted.
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.
Dated:
/U' 31-0::-'
rI~ ;tr ~
LOWANDA M. BARD, Plaintiff
Sworn and SUbS~~ to
beforeu.2ts day 5'
of Or. , 20~ .
,~-;(/~
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NotariaJ SeeI
Wanda K Hunter, NctaIy PublIc
CadI8le Boro, Coolbedand County
MyConvnioolon Expkes May 10, 200S
Member, Pennsylvania A.800latlon of Notan..
" ,
LOWANDA M. BARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
RICHARD E. BARD,
Defendant
#01-624
CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER S 3301 ec) 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 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. ~ 4904 relating to unsworn falsification to authorities.
Date:
/0,,31- 0--:;
c(~/vtB~
LOWANDA M. BARD, Plaintiff
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RECEIVED SEP 1 6 2005
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LOWANDA M. BARD,
v.
CIVIL ACTION - LAW
IN DIVORCE
RICHARD E. BARD,
Defendant
#Ol-624
CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on January 30, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken 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
notice of intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony I division of
property, lawyer I s fees or expenses if I do not claim them before a
divorce is granted.
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.
Dated:
'1', y- 00
~,/ lV
RICHARD E. BARD, Defendant
Sworn and subscr~~d to
before me this ~'day
of -Sof\e<<\'Q.a~ 20dS
~~c\j. ~~
NOTAAlALSEAl
V' k8lIy V. High. Notaty PublIc
.W,I,'lIl1.n Township. FIaIIIcHn County
My CommissIon Ellp/Ne Nov.l!9. 2008
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RECEIVED SEP 1 G 2005
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LOWANDA M. BARD,
v.
CIVIL ACTION - LAW
IN DIVORCE
RICHARD E. BARD,
Defendant
#01-624
CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF DIVORCE DECREE UNDER ~ 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 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. ~ 4904 relating to unsworn falsification to authorities.
Date:
t'/- $-0 ';
#~ Iii
RICHARD E. D, efendant
__c,
__I
(.)
C':
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LOWANDA M. BARD,
v.
CIVIL ACTION - LAW
IN DIVORCE
RICHARD E. BARD,
Defendant
#01-624
CIVIL TERM
PRAECIPE TO WITHDRAW COUNTS IN DIVORCE
TO THE OFFICE OF THE PROTHONOTARY:
Please withdraw the previous requests for Count I and Count II to be
withdrawn, in the above captioned divorce action since these matters have been
satisfactorily resolved between the parties.
/
"
'II ..~ J,y~ Ch) L,ciu~
Ruby D. W~~kSI ~squire
Attorney for Plaintiff
Dated:
il' (- 0 ~
cc: Jeffrey S. Evans, Esquire
C) ,..., ~
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LOWANDA M. BARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTy, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
RICHARD E. BARD,
Defendant
#01-624
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 Section 3301 (c) of
the Divorce Code.
2. Date and manner of service of the complaint: January 31. 2001. bv
certified mail, restricted delivery.
3. Date of execution of the affidavit of consent required by Section 3301
(cl of the Divorce Code, by the plaintiff on October 31. 2005; by the defendant on
September 8. 2005.
4.
Related claims pending:
NONE
5. Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed
with the Prothonotary: October 31, 2005. Date defendant's Waiver of Notice in 9
3301(c) Divorce was filed with the prothonotary: October 31, 2005.
Date: November 1, 2005
\'. ", <:;' ...., ( .',--
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RUBY D. WEEKS, Attorney for the Plaintiff
C) ,...,
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IN THE COURT OF COMMON
PLEAS
OFCUMBERLANDCOUNTY
STATE OF
LOW ANDA M. BARD,
PLAINTIFF
VERSUS
RICHARD E. BARD,
DEFENDANT
PENNA.
#01-624 CIVIL TERM
No.
DECREE IN
DIVORCE
tJ~ 8" )-oo)'c?l<l:o("p.
WViANDA M. l'>AlUI I
AND NOW,
1"1
, ]T ]S ORDERED AND
B *rU:J
DECREED THAT
LowANbA. ~.
AND
. PLA] NT] FF,
RICHARD E. BARD
, DEFENDANT.
ARE D]VORCED FROM THE BONDS OF MATR]MONY.
THE COURT RETA]NS JUR]SD]CT]ON OF THE FOLLOW]NG CLA]MS WHICH HAVE
YET BEEN ENTERED;
BEEN RA]SED OF RECORD ]N THIS ACT]ON FOR WHICH A FINAL ORDER HAS NOT
NONE
//-j
BC~~
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ATTEST:
~~
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'PROTHONOTARY
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