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HomeMy WebLinkAbout01-1179BRENDA ANN ATKINS, Plaintiff JAMES EDWARD ATKINS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2001-//7~2 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE NOTICETO 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, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 BRENDA ANN ATKINS, Plaintiff JAMES EDWARD ATKINS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 2001~ //'Z~' CIVILTERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Plaintiff, Brenda Ann Atkins, by her attorney, Lindsay D. Baird, Esquire, sets forth the following: 1 Plaintiff, Brenda Ann Atkins, is an adult individual residing at 3 Woods Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2 Defendant, James Edward Atkins, is an adult individual residing at 4 Shady Lane, Mechanicsburg, Pennsylvania 17050. 3 The parties were marded on November 18, 1989 in Cumberland County, Pennsylvania. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action, 5 This action is not collusive. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 7 In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the dght to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. ,,~/Lindsay I~¢-~aird; Esquire Attorney for the Plaintiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 I verify that to the best of my knowledge and belief, the statements made in the foregoing document are true and correct. I understand that false statements herein are made subiect to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. Brenda Ann Atkins, Plaintiff BRENDA ANN ATKINS, Plaintiff JAMES EDWARD ATKINS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001 - 1179 CIVIL TERM AFFIDAVIT OF SERVICE I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead and a Notice of Availability of Marriage Counseling was sewed on the Defendant, March 5, 2001 by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said return receipt evidencing delivery being attached hereto, Said service on March 5, 2001. ~indsay D Ba~.¢', Esquire Attorney for Plaintiff 37 South Hanover Street Carlisle, PA 17013 717 - 243-5732 Sworn and Subs~:ribed to before me this &'r~ day of Jc~.- , 2001. Notary Public Notarial Seal ~lven J, Baird, Notary Public Cadlme Bom, Cumberland County My Coll'a*alsslon Exolres Nov. 2, 2002 Member. Pe~nSyivar,ia "',s~,,ciatir~n of Notaries · Print your name arid address on the reverse · Attach this card to the back of the mailpiece, e~,~- ~] Agent or on the front if space permits. X .~¢"~~''''/--~ ~J Addressee PS Form ~1 1, Jt~ty 1999 Oomest~c ~et~rn Receipt ~02595-00-M-0952 UNITED STATES POSTAL SERVICE First-Class M~,~ ,C~ost~ge & Fees Pal L[~ermit No i.~ ~d · Sender: Please print your name, address, and ZIP+4 in this box ° BRENDA ANN ATKINS, Plaintiff JAMES EDWARD ATKINS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2001 - 1179 CIVIL TERM AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 28, 2001. 2. Defendant acknowledged receipt and accepted service of the Complaint on Mamh 5, 2001. 3. The marriage of the Plaintiff and Defendant is irretrievably 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 in 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. Section 4904 relating to unsworn falsification to authorities. BRENDA ANN ATKINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW JAMES EDWARD ATKINS, : Defendant : 2001 - 1179 CIVIL TERM AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 28, 2001. 2. Defendant acknowledged receipt and accepted service of the Complaint on March 5, 2001. 3. The marriage of the Plaintiff and Defendant is irretrievably 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 in 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. Section 4904 relating to unsworn falsification to authorities. J Atkins BRENDA ANN ATKINS, Plaintiff V. JAMES EDWARD ATKINS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW :2001-1179 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: March 5, 2001 by Certified, Restricted, Return Receipt requested, U.S. Mail 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: June 29, 2001; by Defendant: June 29,2001. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 29, 2001 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonatary: June 29, 2001 ~/' Lindsay Da~re~Baird, Esquire Attorney for the Plaintiff ':' IN THE cOUrT OF COMMON PLEAS ~I OF" CUMBERLAND COUNTY STATE OF ~ PENNA. Plaintiff[ VeFs[1s Ja~es.. Edward ~tkins, Defendant: ]~ o...200].=1.'1.79 .................. DECREE IN DIVORCE AND NOW ............. ~..~-~...~...'f?~'(., ~ ...... it is ordered and decreed that .......~.~..~. Arm .~,~ .......................... plaintiff, and James Edward Atkins 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; ·.. N~.n.e ................................................................... , By T e Cou,rZ J~ ', , '