Loading...
HomeMy WebLinkAbout01-3033IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Elizabeth K. Roberts, Michael D. Roberts, Plaintiff Defendant CIVIL ACTION LAW - IN DIVORCE No. 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 another 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 in available in the Office of Prothonotary 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 FlND OUT WHERE YOU CAN GET LEGAl. HELP. The Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717)249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Elizabeth K. Roberts, Michael D. Roberts, Plaintiff : ; .. Defendant : ; CIVIL ACTION LAW - IN DIVORCE No. o 3 COMPLAINT under section 3301(d) of the Divorce Code AND NOW comes Elizabeth K. Roberts, pro se, who represents as follows: 1. Plaintiff, Elizabeth K. Roberts, is an adult individual, who currently Resides 2233 Brigade Road, Enola, Pennsylvania 17025. Plaintiff's Date of birth is December 24, 1959 and PlaintilTs Social Security Number ls 059-56-0111. 2. Defendant, Michael D. Roberts, is an adult individual, who currently Resides at 5100 Inverness Drive, Mechanicsburg, Cumberland County, PA 17050. Defendant's Date of birth is December 26, 1962 and Defendant's Social Security Number is 198-58-9764. 3. Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for a period of at least six(6) months prior to thc filing of this complaint. 4. The Plaintiff and Defendant were married on September 24, 1994 in Chautauqua County, Chautauqua, New York. 5. Plaintiff avers that them is one child of the parties under the age of 18, Namely: Alexander J. Roberts - who was bom on January 26, 1995. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There have been no other prior actions of divorce or annulment filed by Either of the parties hereto. 8. Plaintiff is aware of the availability of counseling and the Plaintiff has the Right to request that the Court require the parties to participate in Counseling. 9. The parties separated on December 23, 1998 and have continued to live separate and apart since then. 10. The marriage is irretrievably broken. WItEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce under section 3301 (d) of the Divorce Code divorcing the Plaintiff l¥om the bonds of matrimony heretofore existing Between Plaintiff and Defendant. Respectfully submitted, 2233 Brigade Road Enola, PA 17025 VERIFICATION I, Elizabeth K. Roberts, verify that the foregoing Complaim is true and Correct to the best of my knowledge, information and belief. 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. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Elizabeth K. Roberts, Mo Michael D. Roberts, Plaimiff : : : : : Defendant : CIVIL ACTION LAW - IN DIVORCE AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE The parties to this action separated on December 23, 1998 and have continued to live separate and apart for a period of at least two years. The marriage is irretrievably broken. I understand that I may lose rights concerning alimony, division ofprol~rty, lawyer's fees or expenses ifI 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. /7 Date: ~-~. ~q. t')t' (PLfi.PqTIFF)(~ 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Elizabeth K. Roberts, Michael D. Roberts, Plaimiff Defendant CIVIL ACTION LAW - IN DIVORCE No. (.9/- O33 C/c c F a.x AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE The parties to this action separated on December 23, 1998 and have, continued to live separate and apart for a period of at least two years. The marriage is irretrievably broken. 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 gmmted. 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 ~i:iS~ 4~lflating to unsw~( si~t);~Ftt eE~T) 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Elizabeth K. Roberts, Michael D. Roberts, Plaintiff : ; Defendant : : CIVIL ACTION LAW - IN D1VORCE No. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301( c ) AND 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is ~n~anted. 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 flied 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 authories. (RI~NTIFF)(~T) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Elizabeth K. Roberts, Michael D. Roberts, Plaintiff : : : Defendant : CIVIL ACTION LAW - IN DIVORCE No. O/- l)o3 t. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301( c ) AND 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is gyanted. 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 unsworn falsification to authories. (~}(DEFENDAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Elizabeth K. Roberts, : Plaintiff : V. : ; Michael D. Roberts, : Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of a Complaint in Divorce in the above captioned matter upon the following via United States Certified Mail Restricted Delivery: Michael D. Roberts 51 O0 Inverness Drive Mechanicsburg, PA 17050 Date: · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. A~icle Number (Copy from service label) 2233 Brigade Road Enola, PA 17025 - _ 717-732-3883/ 3 3-d©-EP/, AFFIDAVIT OF SERVICE ~/ NOTARIAL SEAL RETURN OF SERVICE JANE n. HAVNAER, Notary PubI!c Camp Hill Boro, Cumberland Cour~1y My Commi~ion Expires June 24, 2002 A~, ~v~den~cll by attached Return Receipt. Agent 3. S ice Type I~Certified Mail [~ Express Mail r'3 Registered r-I Return Receipt for Merchandise C] insured Mail [~ C.O.D. 4. Restricted Delivery? (Extra Fee) ~i~Yes PS Form 38J 1, July 199g Domestic Return Receipt 102595-99-M-~789 ~3 ~ ~he~th K. Roberts Plaintiff VS. Mid-reel D. t~oberts Deferdant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 0~ - 3333 CIVIL TERM PRAEClPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under §3301 (c) 3301 (d)(1) of the Divome Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff ; by defendant (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: 5/.3~/O1 (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 5/3~/oz Related claims pending: 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: 5/3/./0~ 9am(:za[ ]]eLiv~y (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 1N THE COURT Of COMMON PLEAS ~mbe~ K. B0berts Pim~ntiff OFCUMBERLANDCOUNTY STATE Of ~~. PENNA. NO. ol - ~o33 C~vil T~m__ VERSUS ~-_~erda~t AND NOW, Decree IN DIVORCE IT IS ORderED AND DECREED THAT AND ~D. Rda~rts ,PLAINTIFF, ,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 TH~ ATTEST: PROTHONOTARY