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Home My WebLink About01-2959SUZETTE M. TOTH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA vs. : CIVIL ACTION - LAW DAVID M. TOTH, 'i NO. 2001 o~.c.]- - CIVIL TERM Defendant : 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 tbllowing pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You ma)' lose money or property or other rights important to you, including custody or visitation or 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 the First Floor. Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 IO 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 (717) 249-3166 SUZETTE M. TOTH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : NO. 2001- ,2 '~'? CIVIL DAVID M. TOTH, : Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301 (D) OF THE DIVORCE CODE AND NOW comes Suzette M. Toth, plaintiffherein, by and through her attorney. Jacqueline M. Verney, Esquire, and represents the following: 1. Plaintiffis Suzette M. Toth. an adult individual, currently residing at an undisclosed location in Cumberland County, Pennsylvania. 2. Defendant is David M. Toth, an adult individual, currently residing at 100 Hamilton Street, Apt. 2 IA, Harrisburg, Dauphin County, Pennsylvania 17102. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Permsylvania and have been so tbr at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on August 29, 1998 in State College, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiffdoes not desire the Court to order counseling. 7. This marriage is irretrievably broken. WHEREFORE. Plaintiff prays Your Honorable Court enter a decree in divorce. Respectfully submitted, '~acqu~i~e M. Vemey, Esquire Supreme Ct. ID. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff VERIFICATION i verify that the statements made in the within Complaint are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unswom falsification to authorities. SUZETTE M. TOTH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 2001-2959 CIVIL TERM DAVID M. TOTH, : Defendant : IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1930.4 (c) COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : I, Jacqueline M. Vemey, Esquire, being duly sworn according to law, deposes and says that she is the attorney for plaintiff, Suzette M. Toth, and that she did serve a true and correct copy of the divorce Complaint that was filed in the above matter, by U.S. mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the defendant, David M. Toth, on May 19, 2001. The receipt form is attached hereto as EXHIBIT "A". ,/ ~i'acqu~line M. Vemey, Esquire #231~"~ 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff to and subscribed before me this ~/;0~ day of ,2001. lqc~tary Public a0~'~ S$~. I I(A_THLI~'N K. 8#AULI$. N~ll'y Publb I · 3. Also complete A. Received t Restricted Delivery la desired. 0 / r name and address on the reverse that we can return the card to you. [] Agent · Attach this ca~l to the beck of the mallpiece, [] Addmeeee or on the f~ont if space permits. D. Isdelivery ltfmmiteml? []Yes 1. A~icle Addmssecl to: It YES, enter delivery address below: [] NO r"l Registered I-I Return Receipt for Mmchandise 4. Restricted Delivery? (Extra Fee) ~J~Yes 2. Nticle Number (Copy ~m service PS Form 381 1, July 1999 Domestic Return Receipt 102595-00-~1-0552 EXHIBIT "A" SUZETTE M. TOTH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : v. : CIVIL ACTION - LAW : DAVID M. TOTH, : NO. 2001-2959 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 16, 2001 and served on the Defendant on May 19, 2001. 2. The marriage of Plaintiffand 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 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 unsworo falsification to authorities. David M 'l"6Th, Defendant SUZETTE M. TOTH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : V. : CIVIL ACTION - LAW : NO. 2001-2959 CIVIL TERM DAVID M. TOTH, : Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry ora 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 entet~l 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. section 4904 relating to unsworn falsification to authorities. David M. Toth, Defendant SUZETTE M. TOTH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : v. : CIVIL ACTION - LAW ; DAVID M. TOTH, : NO. 2001-2959 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 16, 2001 and served on the Defendant on May 19, 2001. 2. The marriage of Plaintiffand 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 ora 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. 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. SUZETTE M. TOTH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : V. : CIVIL ACTION - LAW : NO. 2001-2959 CIVIL TERM DAVID M. TOTH, : Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry ora 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unswom falsification to authorities. Date. / ~7~ (~;/ Suzette M. Toth, ~laintiff' SUZETTE M. TOTH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. : CIVIL ACTION-LAW : NO. 2001-2959 CIVIL TERM DAVID M. TOTH, : Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECOI~r~ To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c), (~l-)(-~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Certified mail, re~urn receipt _requested, restricted delivery dated May 19, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by sec. 3301 (c) of the Divorce Code: by plaintiff ~ by defendant August 23m 2001. (b) (1) Date of execution of the affidavit required by sec. 3301 (d) of the Divorce Code: ; (2) Date of filing and service of the plaintiff's affidavit upon the 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 (b) Date plaintiff's Waiver of Notice in sec. 3301 (c) Divorce was filed with the Prothonotary: ~ 2001. Date defendant's Waiver of Notice in sec. 3301 (c) Divorce was filed with the Prothonotary~ (ttor ey for Haintiff Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE Of ~~ PENNA. SUZETTE ~. TOTH~ Plaintiff No. 2001-2959 CIVIL TERM VERSUS DAVID M. TOTH, Defendant DECREE IN DIVORCE AND NOW, ~J~' ~ ~ ,~OO~ , ,T IS ORD£ReD AND DECREED THAT Suzette M, Toth , PLAINTIFF, AND David M. Toth , DEFENDANT, ARE DIVORCED FROM THE BONDB 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; None BY TH~.~~'''~' ATTEST~ j. PROTHONOTARY