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HomeMy WebLinkAbout04-3630MARK BOYLES, WANDA BOYLES, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .o. c,v,L TERM IN DIVORCE NOTICE 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 procccd 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 dghts important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of mardage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. 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 32 South Bedford Street Carlisle, PA 17013 MARK BOYLES, WANDABOYLES, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04- ~, 30 CIVIL TERM :IN DIVORCE COMPLAINT UNDER SECTION 3301 (c) and 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Mark Boyles, who currently resides at 152 East North Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Wanda Boyles, who currently resides at 59 Smith Road, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on August 22, 1992, in Carlisle, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have been separated and living apart for over three (3) years. 6. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 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. Date: 9. Plaintiff and Defendant have n...~o madtal property issues outstanding. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce under section 3301(d) of the Pennsylw ia~v0~e Code. Paul Bradford Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID 71786 VERIFICATION 1 verify that I am the defendant and that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: Mark Boyles MARK BOYLES, WANDA BOYLES, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION -. LAW : : NO. 04-3630 CIVIL TERM : IN DIVORCE ACCEIrFANCE OF SERVICE I hereby accept scrvicc o1' thc Compl;dnt in Divorce on bchal[ ol' rnyscll', thc Dcl'cndanl, V~an(la 1½oylcs, in thc abovc4~al)tioncd action. W;mda Boylcs, 1)clcntlm~t MARK BOYLES, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA WANDA BOYLES, DEFENDANT : 04-3630 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of September, 2004, the request for the entry of a decree in divorce at this time, IS DENIED? Edgar B. Bayle~,(~_~ _~ /'Paul Bradford Orr, Esquire For Plaintiff /~anda Boyles, Pro se ' 59 Smith Road Gardners, PA 17324 :sal ~ The divorce complaint was filed on July 26, 2004, service was accepted by defendant on August 6, 2004. Pa. Rule of Civil Procedure 1920.42 setting forth the requirements for a Section 3301(c) divorce, provides in pertinent part: (b) The affidavit required by § 3301(c) of the Divorce Code must have been executed (1) ninety days or more after both filing and service of the complaint. The Rule has not been complied with. MARK BOYLES, PENNSYLVANIA V. WANDA BOYLES, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : CIVIL ACTION - LAW : :NO. 04-3630 CIVILTERM : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301¢d) OF THE DIVORCE CODE I. The parties to this action separated on July 13, 2001, 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. § 4904 relating to unsworn falsification to authorities. Date:, CC J' ~ / ~X)tbt~ MARK BOYLES, WANDA BOYLES, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : :NO. 04-3630 CIVIL TERM : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter~ affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on July 13, 2001, 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 falsification to authorities. subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn MARK BOYLES, WANDA BOYLES, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : : NO. 04-3630 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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: Mark Boyles MARK BOYLES, WANDA BOYLES, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : C1VIL ACTION- LAW : : NO. 04-3630 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 divorec is granted. 3. 1 understand that I Will not be divorced until a divorce decree is entered by thc 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 unswom falsification to authorities. Date: Wan/la Boyles MARK BOYLES, Vo WANDA BOYLES, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW : : NO. 04-3630 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 21, 2003. 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. I veri~ 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. CS. § 4904, relating to unsworn falsification to authorities. MARK BOYLES, WANDA BOYLES, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW : : NO. 04-3630 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 i (c) of the Divorce Code was filed on March 21, 2003. 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 ent~ of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. CS. § 4904, relating to unsworn falsification to authorities. MARK BOYLES, Vo WANDA BOYLES, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : : NO. 04-3630 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: decree: Transmit the record, together with the following information, to the Court for entry of a divorce 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: August 6, 2004, by Hand Delivery. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Code: by the Plaintiff on September 23, 2004; by Defendant on September 22, 2004. 4. Related claims pending: NONE 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 24, 2004. 6. Date Defendant's Waiver of Noti?~in §3301(c) Divorce was fled with the Prothonotary: September 24, 2004. Date: September 24, 2004 By: ~ ~ Paul Bradford Orr, Esq~[rfi 50 East High Street Carlisle, PA 17013 (717) 258-8558 Divorce MARK BOYLES, Vo WANDA BOYLES, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 04-3630 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: decree: Transmit the record, together with the following information, to the Court for entry of a divorce 1. Ground for divorce: irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the 0omplaint: August 6, 2004, by Hand Delivery. 3. Date of execution of the affidavit ofcmsent required by Section 3301(d) of the Code: by the Plaintiffon Oct. 8, 2004; by Defendant on October 8, 2004. 4. Related claims pending: NONE 5. Date Plaintiff's Waiver of Notice in §3301(d) Divorce was filed with the Prothonotary: September 24, 2004. 6. Date Defendant's Waiver of Notice in §3301(d) Divorce was filed with the Prothonotary:September24.2004.LAW'~~F C S/~CF~LBFA~D t~DO R Date: October , 4, 2004 By: k~ ~ 7 JA/~ Paul Bradford Om Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 Divorce iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. NO. 3630 Mark Boyles, Plaintiff VERSUS Wanda Bo¥1es, o'f- 2-004 Defendant AND NOW, DecRee DIVORCE IN 2004 , IT IS ORDERED AND DECREED THAT Mark Bo¥1es , PLAINTIFF, AND Wanda Boyles , 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 ATTEST: PROTHONOTARY