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HomeMy WebLinkAbout01-0761SUSAN C. FORBUS, Plaintiff VS. ALBERT W. FORBUS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. o/® ~-~'~J '"~"~ ACTION 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 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 fights 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 2 Liberty Avenue Carlisle, Pa. 17013 (717) 249-3166 SUSAN C. FORBUS, Plaintiff VS, ALBERT W. FORBUS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Susan C. Forbus, an individual suijuris, who has resided at 22 Brian Drive, Carlisle, Cumberland County, Pa. 17013, for approximately one year. 2. Defendant is Albert W. Forbus, an individual suijuris, whose address has been P.O. Box 239, Marion, Pa., 17235, for approximately two months. 3. Plaintiffand Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiffand the Defendant were married on July 21, 1992 in Weyers Cave, Virginia. 5. 'Ilaere have been no prior actions of divoree or for annulment between the parties. 6. Plaintiffhas been advised that counseling is available and that plaintiffmay have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have two children together, namely, Tyler W. Cutchall, dob 4/19/90, and Andrew W. Forbus, dob 8/15/92. 8. Plaintiff and Defendant are both citizens of the United States &America. 9. Neither Plaintiffor 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; WHEREFORE, Plalntiffrequests the court to enter a decree in divorce. 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 unswom falsification to authorities. Susan C. Forbus, Plaintiff Respectfully submitted, Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF SUSAN C. F()RBI :4 Plainlif:~ VS. ALBERT '~. F()RI~.I q, I )el(~ndzml [iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ACTION 1N DIVORCE i OAVIT OF SEPARATION 1. Ihc part c- lo II,ix aclion separated in December 1998 and have continued to live separate and apart th; a period of at least two years. = I'he mamutzc is ir?ctrievaNybroken. 3. I ~Lndcrs~aqd hat I m% Jose my rights concerning alimony, division of property, lawyer's fccs or c×p*,'n ¢cs il'l do nol claim them before a divorce is granted. 1 ~cril\ dml tqc ~tatcmems made in this affidavit are true and correct. I understand that false staterooms herci~q u-c made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsificati~ n to at Ill ,ritics Date: Susan C. Forbus, Plaintiff SUSAN C. FORBUS, Plaintiff VS. ALBERT W. FORBUS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-761 Civil Term : : ACTION IN DIVORCE NOTICE OF INTENT TO REOUEST ENTRY OF DIVORCE DECREE TO: Albert W. Forbus P.O. Box 239 Marion. Pa. 17235 DATE: March 7, 2001 You have been sued in an action for divome. You have failed to answer the Complaint or file a Counter-Affidavit to the 3301(d) affidavit. Therefore, on or after March 27. 2001 the Plaintiff can request the Court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a Counter-Affidavit by the date above, the Court can enter a final decree in Divome. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you lose forever the fight to ask for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the fight to ask for economic relief. The filing of your counter-affidavit alone does not protect yoar economic claims. 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, Pa. 17013 (717) 249-3166 SUSAN C. FORBUS, Plaintiff VS. ALBERT W. FORBUS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-761 Civil Term : : ACTION IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) of the DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because: (Check (i),(ii), or both:) ~(i) The parties to this action have not lived separate and apart for a period of at least two 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, and 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 understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit 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. Date: Albert W. Forbus, Defendant NOTICE: If you do not wish to oppose the entry ora divorce decree and you do not wish to make a claim for economic relief, you need not file the counter-affidavit. SUSAN C. FORBUS, Plaintiff VS. ALBERT W. FOR.BUS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01 -761 Civil Term : : ACTION IN DIVORCE AFFIDAVIT OF SERVICE OF THE NOTICE OF INTENT TO REQUEST ENTRY OF DIVORCE DECREE AND COUNTER-AFFIDAVIT AND NOW, this March 28, 2001, I, Jane Adams, Esquire, hereby certify that on March 8, 2001, a true and correct copy of the NOTICE OF INTENT TO REQUEST ENTRY OF DIVORCE DECREE AND COUNTER-AFFIDAV/T were served, via certified mail, return receipt requested, addressed to: Albert W. Forbus P.O. Box 239 Marion, Pa. 17235 DEFENDANT Respectfully Submitted: 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF · Print your name and address on the reverse so that we can return the card to you. c. Signature · Attach this card to the back of the mailpiece, X or on the front if space permits. 1. Article Addressed to: 2. Article Number (Copy from sercice label) D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Sewice Type ~ [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured MaR [] C.O.D, 4. Restricted Delivery? (Extra Fee) [] Yes PS Form 3811, July 1999 Domestic Return Receipt t02595 99 M-1789 UNITED STATES POSTAL SERVlC~'"~ · _ · Soader: PIoaso print 7oX~' ~e,~f~dress, and ZI~;~ in this box · SUSAN C. FORBUS, Plaintiff VS. ALBERT W. FORBUS, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-761 Civil Term ACTION IN DIVORCE NOTICE OF INTENT TO REQUEST ENTRY OF DIVORCE DECREE TO: Albert W. Forbus P.O. Box 239 Marion, Pa. 17235 March 7, 2001 You have been sued in an action for divome. You have failed to answer the Complaint or file a Counter-Affidavit to the 3301(d) affida~,it. Therefore, on or after March 27, 2001 the.Plaintiff can request the Court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a Counter-Affidavit by the date above, the Court can enter a final decree in Divome. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you lose forever the right to ask for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. Unless you, have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of your counter-affidavit alone does not protect your economic claims. '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, Pa. 17013 (717) 249-3166 // SUSAN C. FORBUS, Plaintiff VS. ALBERT W. FOR.BUS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01 o761 Civil Term : : ACTION IN DIVORCE : COUNTER-AFFIDAVIT UNDER SECTION 3301(d) of the DIVORCE CODE 1. Cheek either (a) or (b): . (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because: (Check (i.),(ii), or both:) __(i) The parties to this action have not lived separate and apart for a period of at least two 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, and expenses if I do not claim them befor~,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 understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be'entered without further delay. 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. §4904 relating to unsworn falsification to authorities. Date: Albert W. Forbus, Defendant NOTICE: If you do not wish to oppose the entry ora divorce decree and you do not wish to make a claim for economic relief, you need not file the counter-affidavit. SUSAN C. FORBUS, Plaintiff VS. ALBERT W. FORBUS, Defendant IN THE COURT OF COMM( CUMBERLAND COUNTY. : No. 01 -761 Civil Term : : ACTION IN DIVORCE : AFFIDAVIT OF SERVICE OF THE NOTICE COMPLAINT. AND AFFIDAVIT OF SEPA AND NOW, this February 19, 2001, I, Jane Adams, Esquire. on February 14, 2001, atrue and correct copy of the NOTICE TO AND AFFIDAVIT OF SEPARATION were served, via certified return receipt requested, addressed to: Albert W. Forbus P.O. Box 239 Marion, Pa. 17235 DEFENDANT Respectfully Subm itl ,,: Jan~ Adams, Estlttir~ ~No. 79465 117 South Hanox er S~ Carlisle, Pa. 1701 ~ (717) 245-8508 ATTORNEY FO[( 1'1 x l'x I tl i SUSAN C. FORBUS, Plaintiff VS. ALBERT W. FOP, BUS, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01 -761 Civil Term : : ACTION 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 $3301(d) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail, restricted delivery, return receipt requested, delivered on: February 14, 2001. Affidavit of service was filed February 19. 2001. 3. Date of execution of the affidavit required by §3301(d) of the Divorce Code: By Plaintiff.' February 5, 2001. Date of filing and service of the plaintiffs affidavit required by §3301 (d) of the Divome Code on respondent: Filed: February 7. 2001. Served on Defendant: February 14 2001. Affidavit of Service filed: February 19, 2001. 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: Plaintiff's original notice of intent and counter-affidavit was served on Defendant on March 8, 2001. via certified mail, return receipt requested.: return card and affidavit of service attached. Respectfully Submitted: C27,,; 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 SUSAN C. FORBUS, Plaintiff ALBERT W. FOP, BUS, Defendant : IN THE COUKT OF COMMON PLEAS · CUMBE~ COUNTY, pENlqSYLVANIA : No. 01 - 761 Civil Term · AC:lION IN DIVORCE ; NOTICE OF INTENT TO REQUEST ENTRY OF DIVORCE DECRE]~ TO: Albert W. Forbua P.O. Box 239 Marion, Pa. 17235 DATE'. March 7, 2001 You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counter-Affidavit to the 3301(d) affidavit. Therefore, on or after Mnrch 27. 2001 the.Plaintiff can request the Court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a Counter-Affidavit by the date above, the Court can enter a final decree in Divorce. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you lose forever the right t~ ask for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE, Unless you, ,have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of your counter-affidavit alone does not protect your economic claims, '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 As~aciation 2 Liberty Avenue Carlisle, Pa. 17013 (717) 249-3166 SUSAN C. FORBUS, Plaintiff VS. ALBERT W. FOKBUS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01 - 761 Civil Term ACTION IN DIVORCE ~. COUNTER-AFFIDAVIT UNDER SECTION 3301(4) of the DIVORCE CODI~ 1. Check either (a) or (b): . (a) I do not oppose the entry of a divorce decree. (b) I oppose the enlry of a divorce decree because: (Check (i.),(ii), or both:) __(i) The parties to this action have not lived separate and apart for a period of at least two 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 undemtand that I may lose rights concerning alimony, division of property, lawyer's fees, and expenses ill do not claim them befor~,~.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 understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. Ifl fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may beehtered without further delay. 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. §4904 relating to unswom falsification to authorities. Date: Albert W, Forbus, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make a claim for economic relief, you need not file the counter-affidavit · Comp[ item 4 I~ · Pdnt yoc so that w · Attach thi,. or on the h 1. ArNcle Addres 2. Article Number (l~opy frott~ ~S Form 3811, Juht 199~ O~ · s~os~ c.~ · Comptete items 1, 2, and 3, Also complete A. Received by fP~ase I=r/nt C/ear/y) I B. Date of Delivery item 4 ff Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you, · Attach this card to the back of the msilplece, or on the front if space permits, 1, Article Addressed to: PS Form 3811, Ju~j 1999 C. S~gneture x D. Is delivery address diffe~nt from ltem l ? [~] Yes I! YES, enter delive~J address below: ~-I No 3. Service Type ~ I-~ Express Mail rl Registered ~ Return Receipt for Merchandise r'l In~ MNI ~ C.O.O, 4. R~t~ ~iv~? ~m F~) ~ y~ 'Domestic Return Receipt 102595.99-M-1789 1N THE COURT OF COMMON OFCUMBERLANDCOUNTY STATE: OF So. aaa C. Yet-bus, ~lai~tiff VERSUS Albert W. York,, Defe]e~amt PENNA. N o. O1-761 Civil Term PLEAS 2001 DeCREe IN DIVORCE AND NOW, DECREEd THAT AND Albert W. Ferbua ., 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; ATTEST: ~/~~ROTH O NOTARY