The URL can be used to link to this page

Home My WebLink About04-3268KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD R. HESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. JANET A. BLACKNER, : Defendant : CIVIL LAW - 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 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 Courthouse, Hanover & High Streets, Carlisle, PA 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, PA 17013 (717) 249-3166 1-800-990-9108 KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD R. HESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 09' : JANET A. BLACKNER, : Defendant : CIVIL LAW - DIVORCE COMPLAINT IN DIVORCE COUNT I Reauest for a No-fault Divorce Under ~3301(c) of the Domestic Relations Code 1. The Plaintiff is RICHARD R. HESS, an adult individual currently residing at 4860 Carlisle Road, Dover, York County, Pennsylvania, 17315. 2. Defendant, JANET A. BLACKNER, is an adult individual currently residing at 517 Susan Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant 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 Plaintiff and Defendant were married on September 17, 1993 in Hagerstown, Maryland. 5. There was one prior action for divorce, docketed to 98-614 in Cumberland County. That case was dismissed and purged from the docket list due to inactivity. 6. There are no children born of the marriage. 7. The marriage is irretrievably broken. 8. 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. 9. Neither party is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailor' Civil Relief Act of the Congress of 1940 and its amendments. WHEREFORE, Plaintiff respectfully requests this Court to enter a Decree of Divorce pursuant to § 3301(c) of the Domestic Relations Code. COUNT II Request for a No-fault Divorce Under ~3301(dl of the Domestic Relations Code 10. Plaintiff hereby incorporates Paragraphs 1 through 9 of his Complaint as if fully set forth herein. 11. Plaintiff and Defendant have been living separate and apart since January of 1998. WHEREFORE, Plaintiff respectfully requests this Court to enter a Decree of Divorce pursuant to § 3301(d) of the Domestic Relations Code. Respectfully submitted, KEN EWIS, ESQUIRE AttSrney for Plaintiff VERIFICATION I hereby verify that the statements made in the foregoing document 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: 7/6/04 ~~c~~' i~ RICHARD R. HESS KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD R. HESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. JANET A. BLACKNER, : Defendant : CIVIL LAW - DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Plaintiff avers that Defendant is not in the Military Service or in any branch of the armed forces of the United States or its Allies or otherwise within the provisions of the Soldiers' and Sailors' civil Relief Act of Congress of 1940 and its Amendments. I hereby verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C0S. Section 4904, relating to unsworn falsification to authorities. RICHARD R. HESS KENNETH F. LEWIS, ESQUIRE 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD R. HESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. : JANET A. BLACKNER, : Defendant : CIVIL LAW - DIVORCE AFFIDAVIT UNDER SECTION 3301¢d) OF THE DIVORCE CODE 1. The parties to this action separated in January of 1998 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 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. Section 4904, relating to unsworn falsification to authorities. KENNETH F. LEWIS, ESQUIRE 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD R. HESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. : JANET A. BLACKNER, : Defendant : CIVIL LAW - DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1.~heck either (a) or (b): V (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Cheek (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.fheck either (a) or (b): V (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 or 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 ~rothonotary in writing and serve them on the other party. If I 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. Section 4904, relating to unsworn falsification to authorities. ET A. BLACKNER, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE /~NY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD R. HESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : JANET A. BLACKNER, : Defendant : CIVIL LAW - DIVORCE ACCEPT/~NCE OF SERVICE I accept service of the divorce Complaint. BLACKNER RICHARD R. HESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-3268 Civil Term : JANET A. BLACKNER, : Defendant : CIVIL LAW - 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 Section ~ X 33_~3~ of the Divorce Code. 2. Service of Complaint: Acceptance of Service signed 7/12/04 (filed 7/19/04). 3. Date of filing and service of the plaintiff,s affidavit upon the respondent: 7/12/04. 4. Date of execution of the affidavit required by §3301(d) of the Divorce Code: 7/6/04; served upon defendant on 7/12/04; Counter-Affidavit executed by defendant on 7/12/04 (not opposing entry of decree or requesting any economic relief). 5. Related claims pending: NONE. no economic claims raised 6. Notice of intention to file praecipe (copy attached) served by regular mail upon Defendant on 8/5/04. DATED: 8/26/04 K~N,.'Ta F. LEWIS, ESQ. Attorney I.D. ~69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD R. HESS, = IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. ~ NO. JANET A. BLACKNER, Defendant : CIVIL LAW - DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF S3301(d) DIVORCE DECREE TO: JANET A. BLACKNER, Defendant f .. . You have been sued in an action for divor~ al£ed =o a .......... - ,~w~.~ne comp~aln~ or file a counter-affidavit to the S3301(d) affidavit. Therefore, on or after Augus~ 26, 2004, the o~her party can request the court to enter a final decree in divorce. If you do not file with ~he prothonotary of the court an answer ~1th your signature notarized or verifIed or a counte~- affidavit by the above dat~, t~e cou~t can enter a f~nal d~cree divorce. A counter-affidavit which you may . f~le 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 f[ling of the form 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 ONB, GO TO OR TELEPHONB THE OFFICE BET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF .~. PENNA. VERSUS DECREE IN DIVORCE 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;