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HomeMy WebLinkAbout01-1061DOUGLAS M. BAKER, Plaintiff V ANITA M. BAKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01 -/(gLo / CIVIL : : CIVIL DIVISION - LAW : 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 rights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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, PA 1701~3 717-249-3166 DOUGLAS M. BAKER, Plaintiff V ANITA H. BAKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01 - / o b I CIVIL : : CIVIL DIVISION - LAW : IN DIVORCE COMPLAINT Plaintiff, Douglas M. Baker, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff, Douglas M. Baker, is an adult individual residing at SME //175, Shippensburg, Cumberland County, Pennsylvania. 2 Defendant, Anita M. Baker, is an adult individual with a mailing address at 709 E :502, Hanover Manor, Carlisle, Cumberland County, Pennsylvania. The parties were married on April 2:5, 1999, in Carlisle, Cumberland County, Pennsylvania. Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania and Cumberland County for at least six months prior to the commencement of this action. 5 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 6 In accordance with Section 3301 (c) of the Divorce Code, the marriage between the parties is irretrievably broken. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. BROU]OS & GILROY, P.C. By Hubert ~. Gilroy, Esquire Attor~y for Plaintiff 4 l~rth Hanover Street Carlisle, PA 17013 717-243-4574 I verify that the statements in the foregoing pleading are true and correct. ! understand that false statements herein are made subiect to the penalties of 18 PaCS 4904 reladng to u nswom falsification to authorities. ~~~~ 'l:fO"u~la~d~4. Baker" ' - --~ DOUGLAS M. BAKER, Plaintiff V ANITA M. BAKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01 - 1061 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE 'UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on February 23, 2001. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about March 1, 2001. 3. The marriage of the Plaintiff and Defendant is irret~rievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage .counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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: ,./ ~ ~nita M.. Baker, Defendant DOUGLAS M. BAKER, Plaintiff V ANITA M. BAKER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 01 - 1061 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE Ol? INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on February 23, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 4. 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. 5. I undei:stand that I will not be divorced until a Divorce Decree is entered by the Court and that a co. py of the Decree will be sent to me immediately after it is filed with the Prothonotary.' 6. I have bccn adviacd of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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. §4~,04 relating to unsworn falsification to authorities. ~f~ ~l~a~/ ?~~-~'/-~ Date'S. ~./.~rw ~t~~ D~'ougl~s M. l~aker. :" DOUGLAS M. BAKER, Plaintiff V ANITA M. BAKER, Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 01 - 1061 CIVIL TERM : : IN DIVORCE .. AFFIDAVIT OF ~ERVICF. I, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the Complaint and Notice to Plea filed in the above referenced matter was served on Defendant Anita M. Baker, by certified mail on March 1, 2001. A copy of the Certified Mail - Return Receipt Requested, Restricted Delivery, is attached hereto and marked Exhibit A. Hubert X. Gilroy, Es~ire Attorney for Plaintiff Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 Sworn and subscribed before me this day of July, 2003 Notary Pu~li~ Bridget Ann Coreoran, Notary Public Carlisle Bom Cm~herlan~ County · Complete items 1~ 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Adicle Number (Copy from service label) PS Form 3811, July 1999 C. Signatu~re Is d~ive~y address different from item I ? r-1 Yes YES, enter delivery address below: [] NO ~ C~itied Mail [] Express Mail ~' [] l~eg~stered J~J Return Receipt for Merchandise "' [] Irlsured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~' Yes Domestic Return Receipt 102595-00-M-0952 EXHIBIT DOUGLAS M. BAKER, Plaintiff V ANITA M. BAKER, Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 0! - 1061 CIVIL TERM : : IN DIVORCE .. PRAE~IPE TO TRANSMIT RE¢~C)RD TOTHEPROTHONOTARY: 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 (X)3301(c) ()3301(d)(1) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: march 1, 2001, First Class Certified Mail, Return Receipt Requested. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff: February 19, 2003; Defendant: February 3, 2003. (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. 5. Complete either (a) (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 Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 26, 2003. (c) Date Defendant's Waiver of Notice in §3302(c) Divorce was filed with the Prothonotary: February 19, 2003. Hubert X. Gilroy, E~ire Attorney for Plain/$fff Broujos & Gilroy', PC 4 North Hanover Street Carlisle, PA 17013 717-243-4574 IN THE COURT Of COMMON PLEAS DOUGLAS M. BAKER PLAINTIFF VERSUS ANITA M. BAKER DEFENDANT OF CUMBERLAND COUNTY STATE Of ~.~ PENNA. NO. 01 - 1061 DECREE IN DIVORCE AND NOW, DECREED THAT DOUGLAS M. BAKER AND ANITA M. BAKER , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOiIOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAl ORDER HAS NOT YET BEEN ENTERED; BY THE COUrt: PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Vs : File No. Defendant : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one by marking "x"] __ prior to the entry of a Final Decree in Divorce, or X after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of f.~/~/~;~./~_~/' written notice avowing his / her intention pursuant to the provisionsgf 54 ~.S. 704. · '/ / Signature , and gives this Signature of name being resumed COMMONWF/~TH OF PENNSYLVANIA ) On the~O{" flay of.If fbx3,~or-~.~ArQ,. .200 ~_~/, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Wimess Whereof, I have hereunto set my hand hereunlo set my hand and official seal. NOT~' !^L SEAL j ~ AL;:E~IA ~,, [~WBAKER, NOTARY PUBLIC u3r ~,~,,~, Sort''. Cumberland County L ,M,z I;oa:r,~,sr;~or, E:~pi;es April 4, 2005 Prothonotary or Notary Public