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Home My WebLink About04-3881 o EDWARD J. HEFFERNAN, III, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 6t- 3SS I ~~ MIRIAM G. HEFFERNAN, DEFENDANT : DIVORCE ACTION 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 reliefrequested 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 the 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 (814) 486-3355, Cameron County Courthouse, 20 E. Fifth Street, Emporium, PA 15834. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYERS 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 S. Bedford Street Carlisle,PA 17013 (717) 249-3166 (800) 990-9108 EDWARD J. HEFFERNAN, III, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. oLf ~ 31fg I MIRIAM G. HEFFERNAN, DEFENDANT : DIVORCE ACTION COMPLAINT UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODe 1. Plaintiff, Edward J. Heffernan, III, is an adult individual who currently resides at 674 Bamberger Road, Etters, York County, Pennsylvania 17319. 2. Defendant, Miriam G. Heffernan, is an adult individual who currently resides at 108 Beech Cliff Drive, Carlisle, Cumberland County, Pennsylanvia 17013. 3. The Plaintiff's Social Security Number is 175-48-5363, 4. The Defendant's Social Security Number is 168-48-3956. 5. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of the Complaint. 6. The Plaintiff and Defendant were married on August 24, 1985, in Lemoyne, Cumberland County, Pennsylvania. 7. There was a prior action of divorce between the parties docketed to Number 95-1208, in the Court of Common Pleas of Cumberland County. The action was purged for inactivity. 8. The marriage is irretrievably broken, 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to 10. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff, Edward J. Heffernan, III, urges this Honorable Court to enter a Decree of Divorce. Respectfully submitted, ~- NEALON & By: James G. Nealon, III, Esquire Attorney 1.0. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 VERIFICATION I, EDWARD J. HEFFERNAN, III, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. Date: t. Z.3 -0'1 - . HEFFERNAN, III ~'~ ~ c.)v- "3-' '- v, ~ ---...., -S\ C <e - r-- "--.J ~ , ('-i- '"- /' \, C--C -- ~ Ui U, .' V\ r' (--, ,r-". ~ ,,",) C~:) C::;J .c- (-~; ":'i-; .-j -r li-l C"\ --1 '..-' ~ \".' , c-; James G. Nealon, III, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 jnealon@nealon-gover.com v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04.3881 EDWARD J. HEFFERNAN, III, PLAINTIFF MIRIAM G. HEFFERNAN, DEFENDANT : DIVORCE ACTION AFFIDAVIT OF SERVICE AND NOW, comes James G. Nealon, III, Esquire, counsel for the Plaintiff in the above captioned matter, who being duly deposed hereby states as follows: 1. On August 18, 2004, I, James G. Nealon, III, Esquire, mailed a copy of the Complaint to the Defendant, Miriam G. Heffernan, at Beech Cliff Drive, Carlisle, Cumberland County, Pennsylvania 17013. The mail was sent certified, return receipt requested, restricted delivery. A true and correct copy of the certified mail receipt is attached hereto and incorporated herein by reference as Exhibit A. 2. I received the return receipt card from the post office indicating that the Defendant signed for the letter on August 19, 2004. A true and correct copy of the return receipt card is attached hereto and incorporated herein by reference as Exhibit B. 3. Pursuant to Pa.R.C.P. 1930.4(c). service of the Complaint was affected on August 19. 2004. - Ja~ej. e~ . III, Attorney 1.0. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 ~~ sqUire ~ AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA) 55: COUNTY OF DAUPHIN Before me the subscriber personally appeared James G. Nealon, '", Esquire, to me known, who being duly sworn according to law doth depose and say that the above Affidavit of Service to Miriam G. Heffernan and further deponent sayeth not. Sworn to and subscribed before me this \ () -+ l<....day of September 2004 G~~~ ~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal BarbaraJ. Baker, No!Jlry Public City of Harrisburg, Dauphin County My Commission Expires Aug. 13, 2007 Member, P&;';sylvanial As:>octalion of Notaries ~f I T r'- C r- . -,,- II- II"" ~ r".'.."O..."".'.'.."'I..C...I'.A"['.."..,..U'.si"'~ C Postage $ , &,0 ~"3o /,7':::'- 3S6 B.I !:: Certlfled Fee e{ (~[by C C C o Return Aeclept Fee (Endorsement Required) o Restricted Delivery Fee II:(] (Endorsement Required) ..JI '" Postmark He,. ~ Total Postage & Fees $ rn ~ '::~'NO.t!\~t.l__~~.._f::'_..!.~~)d;!:!.L..m .o::!!.~!'":~:.....{<?..~_...S?_~.cl1_..C::l_~_ft:~_k- C/Iy.S/ate.ZtP+4 (?AI<:L,S LC f' IA- 170/3 ~I--"-'--_.""~."'- . Complete nems 1, 2, and 3. Also completa nem 4 ~ Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this can:t to the back of the mallpiece, or on tha front ~ space permits. 1, Article Addressed to: ~naturo I' ,~ YES. j\l \ ZJ..4rvt G - r+ e.~u ) DB 1'> ~cl1 Cu4- 'J.:>,e..(\.>f.. \l-fl-,f.USLz( PV'T nOL3 3. _ Type >c::i:. Certified Mall CI Expfess MaW CI Reglatered CI Return R_pt for Man:han_ C1lnsured Mall CI C.O.D. 4. Restricted Delivary1 (Extra Foe) )('Yas 2. Article Number rr"'".'"' from setVro. ~ PI Form 3811. March 2001 7003 1680 0000 0927 9707 C\omee;tiC Return Receipt 102595-01.M-1424 James G. Nealon, III, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, Pa 17110 (717) 232-9900 jnealon@nealon-gover.com EDWARD J. HEFFERNAN, III, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-381~1 Civil MIRIAM G. HEFFERNAN, DEFENDANT : DIVORCE ACTION NOTICE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301@ OF THE DIVORCE CODE 1. The parties to this action separated in January of 1995 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: 7-/3 -o<{ -~:~~ ... ~ ~~C::>'~Edward J. Heffernan (Plaintiff) c/ CERTIFICATE OF SERVICE AND NOW, this d{) \-I.... day of~k 2004, I hereby certify that I have served the foregoing Affidavit Under Section 330'1 (d) of the Divorce Code on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Miriam G. Heffernan 108 Beech Cliff Drive Carlisle, PA 17013 ~ James G. Nealon, III, Esquire James G. Nealon, III, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, Pa 17110 (717) 232-9900 jnealon@nealon-gover.com EDWARD J. HEFFERNAN, III, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERU~ND COUNTY, PENNSYLVANIA v. NO. 04.3881 Civil MIRIAM G. HEFFERNAN, DEFENDANT : DIVORCE ACTION NOTICE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SEFlVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301ll!l OF THE DIVORCE CODE AND AFFIDAVIT OF NON-MILITARY SERVICE 1. The parties to this action separated in January of 1995 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. 4. The Defendant is not presently in the active military service of the United States of America and is not a member of the United States Army, Navy, Marine Corps, Air Force or Coast Guard, nor is the Defendant an officer in the Public Health Service detailed by proper authority with any such service, nor is the Defendant engaged in any active military service or duty with any unit covered by the Soldiers and Sailors Civil Relief Act of 1940, nor has the Defendant enlisted in any military service covered by the act. 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. S 4904 relating to unsworn falsification to authorities. Date: /0 -1.P-tT{ CERTIFICATE OF SERVICE AND NOW, thiIJ.Q-J M day of October, 2004, I hereby certify that I have served the foregoing Affidavit Under 9 330l(d) of the Divorce Code on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Miriam G. Heffernan 108 Beech Cliff Drive Carlisle, PA 17013 ~k.l/ m fJ;j1P-alrn 1m l'4r J es . Neal .., III, Esquire / ...., C~ :.:~ o ." :;1 i':i'i :;1 .,F, ~.5l-: :';;, ::.;~~ .;: (") ;,51"11 ':.-1 1) -< a ("-) -.j :',", _J -\:"' (,.) C7J -.J James G. Nealon, III, Esquire NEALON & GOVER, P .C. 2411 North Front Street Harrisburg, Pa 17110 (717) 232-9900 inealonCiv.nealon-Qover.com EDWARD J. HEFFERNAN, III, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3881 Civil MIRIAM G. HEFFERNAN, DEFENDANT : DIVORCE ACTION NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301 (d) DIVORCE DECREE TO: Miriam G. Hefferenan DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the 9 3301 (d) affidavit. Therefore, on or after December 6, 2004, the other party 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 above date, the court can enter a final decree in divorce. 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 ..:.-_~,,-~.~----- James G. Nealon, III, Esquire James G. Nealon, III, Esquire NEALON & GOVER, P .C. 2411 North Front Street Harrisburg, Pa 17110 (717) 232-9900 inealon@nealon-aover.com EDWARD J. HEFFERNAN, III, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3881 Civil MIRIAM G. HEFFERNAN, : DIVORCE ACTION DEFENDANT COUNTER-AFFIDAVIT UNDER ~ 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 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 Prothonotary 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 notice to me and I shall be unable to thereafter to file any economic claims. 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.A. S 4904 relating to unsworn falsifications to authorities. MIRIAM G. HEFFERNAN NOTICE IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. CERTIFICATE OF SERVICE AND NOW, this l~ day of November, 2004, I hereby certify that I have served the foregoing Notice on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Miriam G. Heffernan 108 Beech Cliff Drive Carlisle, PA 17013 (~ James G. Nealon, III, Esquire ~.....-., ~" - c) (_ 0- '" (; ,..) (:::.:> .1::- C """I:...: o -T1 :r:1 Ii il] "",Inl t:,:J (~) I, ;~~ , ....) (i'fl :':1 ~il 0', -n --. -';'~.. .r:- (-) ~ EDWARD J HEFFERNAN, 1II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS MIRIAM G. HEFFERNAN NO. 04-3881 CIVIL ACTION - DIVORCE DEFENDANT 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 undeT Section 0 3301C [3J 3301 D of the Divorce Code. (Check applicable code) 2. Date and manner of service of the complaint August 19, 2004, certified mail, return receipt, restricted delivery - see Affidavit of Service previously filed.. 3. (Complete either paragraph (A) or (B).) (A) Date of execution ofthe affidavit of consent required by Section 3301 (C) of the divorce code: By plaintiff ; by defendant (B) (1) Date of execution of the affidavit required by Section 3301 (D) of the divorce code: October 18, 2004. (2) Date of filing and service of the plaintiff's affidavit upon the respondent October 22,2004 sent by first class mail to Prothonotary with copy to Defendant.. 4. Related claims pending: None 5. (Complete either (A) or (B).) (A) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: November 15. 2004, served by first class mail (8) Date plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in ~ 3301(c) Divorce wa lied with the Prothonotary: q- Attorney for ~ Plainliff Prothon. - 49 ~ CERTIFICATE OF SERVICE AND NOW, this I~ay of December, 2004, 1 hereby certify that I have served the foregoing Praecipe to Transmit the Record on the following by depositing a true and correct copy of same in the United States mails. postage prepaid, addressed to: Miriam G. Heffernan 108 Beech Cliff Drive Carlisle. PA 17013 '-', James G. Nealon. III, Esquire . . . . . . . . . . . . . . . . .. . . . :+: ;+] :f. :t::t: . . :+:;ti~ Of. . .. +.+.:f. :f.+++++'+'+++++~~ . . . . . . . n IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY EDWARD J. HEFFERNAN, III, PENNA. STATE OF . . . . . . . . . . . . . . Plaintiff No. 04-3881 Civil VERSUS MIRIAM G. HEFFERNAN, . . . . . . . . . . . . . . . . . . . . . . . Defendant DECREE IN DIVORCE AND NOW, ~ ;.;i ("' J \oM a.ct , PLAINTIFF, DECREED THAT . . . . . . . . . . . . . . . if!; I. ;"'M . G. , DEFENDANT, AND 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; ,u1,J~ . . . . . . . . . . . . . . . . . . By . . . . . . . . . . . . . ++ + '+' + Cf Am'Tf(~~_ ~. 7ROTHONOTARY :t::t' :-f.+;t.+ +.:t'++. :+: :+:+:+ +:+:+.++.+'t:'f:+. +. 'to: :+: ;t':+:+':+:'f +:+:+ :+. ++:+:+ +++++:+.++++ :+: ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . / .)/?7~ % /;!'J'P'4'/ ~t) ~ 1- ~7#f' ktb) -pJ ALlee,?,,! ;,v c(; cl ------