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HomeMy WebLinkAbout04-43480 VICKY J. BUFFINGTON, Plaintiff V. JAMES H. BUFFINGTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. f f- CIVIL 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 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 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 VICKY J. BUFFINGTON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 041- 43(/V CIVIL TERM s JAMES H. BUFFINGTON, Defendant : IN DIVORCE COMPLAINT AND NOW comes plaintiff, Vicky J. Buffington, by her attorney, Kent H. Patterson, and files this complaint in divorce, based upon the following: 1. Plaintiff, Vicky J. Buffington, is an adult individual residing at 1129 South York Street, Upper Allen Township, Cumberland County, Pennsylvania (Mechanicsburg, PA 17055). 2. Defendant, James H. Buffington, is an adult individual residing at 719 Sinclair Road, Upper Allen Township, Cumberland County, Pennsylvania (Mechanicsburg, PA 17055). 3. Plaintiff and defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and defendant were married on July 22, 1997 in North Carolina. 5. There have been no prior actions for divorce or annulment between the parties. 6. Plaintiff and defendant are both citizens of the United States of America. 7. Defendant is not a member of the Armed Services of the United States or any of its allies. 8. Plaintiff avers as the grounds on which this action is based are that 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 participate in counseling. WHEREFORE, plaintiff requests your honorable court to enter a decree in divorce dissolving the marriage between plaintiff and defendant and such further relief as the court may determine equitable and just. /G--111 Kent H. Patterson Attorney for plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 VERIFICATION I, Vicky J. Buffington, verify that the statements in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of IS Pa. C.S. 4904 relating to unsworn falsification to authorities. Vicki Buf i.ngton 9'1 g-olel Date ???, '? N T ?,.. c-? _ F ,? -.- F' r ?? '{G ? ?? a ` ? L . _ -?-, ' ?? . ,}: + .: i.i ?= ? T 3 i... ,? 1v?a ?. ?? N ^? t ?\ ?? ^ 1 , ?., l G _ r ? c' VICKY J. BUFFINGTON, Plaintiff V. JAMES H. BUFFINGTON, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-4348 CIVIL TERM IN DIVORCE NOTICE If you wish to defend any of the statements set forth in this ou must file a Counter-Affidavit within twenty (20) days Affidavit, y 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 18, 2004 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 penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 31 0 6 C ? ^a ^a ?? c--? c.?+ ? ? r _ i ? L'? ^? t?` .. (`?: '?3 - ? ? ? ? r 4. VICKY J. BUFFINGTON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 04-4348 CIVIL TERM JAMES H. BUFFINGTON, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Kent H. Patterson, attorney for plaintiff, hereby certify that I served defendant with the complaint in divorce on August 27, 2004 by mailing a copy of same by U.S. certified mail, postage paid, addressed to defendant as follows: James H. Buffington 719 Sinclair Road Mechanicsburg, PA 17055 Attached hereto are the sender's receipt and the return receipt card which indicates a date of delivery of August 30, 2004. Kent H. Patterson Attorney for plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 VICKY J. BUFFINGTON, Plaintiff V. JAMES H. BUFFINGTON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-4348 CIVIL TERM IN DIVORCE Ln PA 171M5 Postage $ / Q t M M Certified Fee $2.30 Q 01 Postma J Return Receipt Fee (Endorsement Required) $1'75 Her 0 O Restricted Delivery Fee (Endorsement Required) ? $3.50 C3 O Total Postage & Fees $ $8.15 06/27/2004 m R nt's Name (Pleas nt Cl y) (to c plated byy mailer) E5 -?l-?v-r ---------------- o Street, t. o.; or Box No. "?wG G?/!2 ,SAD C3 ?- Cit TP+d ------- y re,? -------------------------------- ---------------------?---- a,ev?, ? joss m SENDER: W ¦ Complete items 1 and/or 2 for additional services. 40 a Complete items 3, 4a, and 4b. ¦ Print your name and address on the reverse of this form so that we can return this card to you. a Attach thistornr to the front of the mailpiece, or on the back if space does not t it. • Write "Return Receipt Requested" on the mailpiece below the article number. ¦ The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: 4a. Article Lr Q G't IJ u1 o 4b. Ic11 '7 l `? S' i N G?.a ?rL ?o X40 ? gistf ? etern R ?7oS"S' 7.D h I also wish to receive the following services (for an extra fee): 1. ? Addressee's Address Consult postmaster forme. for C- 5. Received By: (Print Name) 8. ffdd&ss,&e's'Ad and fee is paid) 6. gnatur . (Addressee ge 6-464-60- 1 Certified ? Insured g lise ? COD my if requested c ea L 0 y P 3811, December 94 102595-98-13-0229 Domestic Return Receipt t ? rya 4 ?? Y? ? • ? ? ) } 'M ' n ?.? ?.. _? ? ? a . ?° c._ c.? ? c" ? i VICKY J. BUFFINGTON, Plaintiff V. JAMES H. BUFFINGTON, Defendant VERIFICATION OF SERVICE I, Thomas E. Taylor verify that on the day of 2 0 0 7 , at approximately Cho' clock . m . , at IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-4348 CIVIL TERM IN DIVORCE I served James H. Buffington with an Affidavit under Section 3301(d) of the Divorce Code, a copy of which is attached, by ),11,,1d1 x1.C I verify that I am an adult individual over the age of 21 years, that I am not a party to this action and that I am resident of the Commonwealth of Pennsylvania. I verifv that the statements in this Verification of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 to unsworn falsification to authorities. Date : 0 (9j -6-7 Thomas E. Taylor 3801 Schoolhouse Lane Harrisburg, PA 17109 VICKY J. BUFFINGTON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 04-4348 CIVIL TERM JAMES H. BUFFINGTON, s Defendant IN DIVORCE NOTICE If you wish to defend 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 18, 2004 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 penalties of '18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: d J VICKY J BUF NGTON r RE CONY r-?-?wnrr HECO L 1 Tes*riony~, I We ufo sBt my h& I to W of S61d Court at cuM, Pa. d AQD? £"a ''"`' E? ? f' ? -?..+ ?""?`f ! -_ - ? ? (Y „;?. 7 C?3 " ' • "?_' . ?r C_?3 ; i i t ti ?? t3? r I% VICKY J. BUFFINGTON, Plaintiff V. JAMES H. BUFFINGTON, Defendant To the Prothonotary: IN THE COURT OF COMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4348 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD Please 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 3301 (d) of the Divorce Code. 2. Date and manner of service of the complaint: On August 30, 2004 by U.S. certified mail. A certificate of service has been filed with the Prothonotary. 3. a) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: August 31, 2006. b) Date of filing and service of plaintiff's affidavit upon defendant: Filing was on December 29, 2006. Service was by personal service on June 16, 2007. A verification of service has been filed with the Prothonotary. 4. Related Claims pending: None. No economic claims have been raised. Page 1 of 2 1 • 5. Date and manner of service of the notice of intention to request entry of §3301(d) divorce decree, a copy of which is attached: July 19, 2007 by U.S. first class mail, addressed to defendant at defendant's place of employment which is Penn Tank Lines, Inc., 300 Mulberry Drive, Mechanicsburg, PA 17050 and at defendant's last known address which is Cumberland Motel, Room #15, New Kingstown, PA 17072. (See verification of service referred to in paragraph 3 above wherein the process server verified that defendant advised him of his current address.) Kent H. Patterson Attorney for plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 Dated : 7 f Page 2 of 2 VICKY J. BUFFINGTON, Plaintiff V. JAMES H. BUFFINGTON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-4348 CIVIL TERM IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(d) DIVORCE DECREE To: James H. Buffington You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the Section 3301(d) affidavit. Therefore, on or after August 10, 2007, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ?G Ke t H. Patterson Attorney for Plaintiff 221 Pine Street Harrisburg, PA 17101 (717) 238-4100 VICKY J. BUFFINGTON, Plaintiff V. JAMES H. BUFFINGTON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 04-4348 CIVIL TERM IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 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 inblude 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 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 notice to me, and I shall be unable thereafter to file any economic claims. Page 1 of 2 I verify that the statements made in this are true and correct. I understand that false are made subject to the penalties of 18 Pa.C.S. unsworn falsification to authorities. Date : counter-affidavit statements herein § 4904 relating to James H. Buffington NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MARE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. Page 2 of 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. y T nry VICKY J. BUFFINGTON, Plaintiff NO. 04-4348 VERSUS JAMES H. BUFFINGTON, Defendant DECREE IN DIVORCE AND NOW, Sebl. LYS 2007 , IT IS ORDERED AND DECREED THAT VICKY J. BUFFINGTON AND JAMES H. BUFFINGTON ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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 THE COURT: PROTHONOTARY <0.