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Home My WebLink About04-4455 PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA RONA L. HAWK., V. : CNIL ACTION - LAW ~ NO. OLt- LfL/cJrs- ~ DEFENDANT : IN DNORCE JOHNW.HAWK., 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, Dauphin County Courthouse, Front and Market Streets, Harrisburg, 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S.. BEDFORD STREET. CARLISLE, P A 17013 (717) 249-3166 RONA L. HAWK, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CNIL ACTION - LAW ....-- : NO. Oy-qYJY ~ f~ JOHN W. HAWK, DEFENDANT: IN DNORCE COMPLAINT IF DIVORCE UNDER SECTION 3301@) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Rona L. Hawk, by her attorney, Lenora M. Smith, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Rona L. Hawk, is an adult individual who resides at 596 Magaro Rd. Enola, Pa. 17025. 2. The Defendant, John W. Hawk ,is an adult individual who resides at 77 Johns Dr. Enola, Pa. 17025. 3. The Plaintiffhas been a bona fide resident ofthe Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 10, 1990, in Enola, Cumberland County, Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United States of America. 6. There have been no prior actions in divorce between the parties. 7. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 8. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests equitable distribution of the marital property. 10. The cause of action and sections of Divorce Code under which Plaintiffis proceeding are: A. Section 330l@). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date ofthe filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, the Plaintiffprays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT I-CUSTODY And Now Comes Rona L. Hawk, Plaintiff/Petitioner herein, by and through her Attorney Lenora M. Smith, who files this Petition for Custody and in support hereon submit the following: 11. Averments one through 10 are incorporated by reference as though fully stated herein 12, Plaintiff is the natural mother of the subject minor children 13. Defendant is the natural father of the subject children. 14. Plaintiff and Defendant are the natural parents of the following children: Shelby M. Hawk, D-O-B August 10,1991; Sophia A. Hawk, D-O-B December 17, 1994; Siera L. Hawk, D-O-B May 25, 2000 15. At all times relevant to this Petition, the children have lived with both parents at the above address of the Plaintiff until July 3, 2004 when the parents separated. The children now resides solely with the Plaintiff at the above address. 16. The Plaintiff avers that it is in the best interests of the minor children to place them in the Joint Legal Custody of both Parties and in the Primary Physical Custody of their natural mother, Rona L. Hawk, Plaintiff/Petitioner herein and Liberal Visitation Rights to John W. Hawk the Defendant/Respondent herein. Wherefore, Petitioner request this Honorable Court to grant Joint Legal Custody to both Parties and Primary Physical Custody to Plaintiff/Petitioner, Rona L. Hawk with Liberal Visitation to the Respondent, herein Date: 8' \3 II OL.( Respectfully Submitted, ~~" lJi! Lenora M. Smith, Esquire Attorney for Plaintiff/Petitioner 1205 N. 2nd Street Harrisburg, Pa. 17102 717-234-1688 LD.#22607 CERTIFICATE OF SERVICE AND NOW this ~M day of ~ 2004, I, Lenora M. Smith, hereby certify that I served a true and correct copy of the foregoing complaint in divorce and custody way ofD. S. First Class Mail, postage prepaid, on the party designed below: John W. Hawk, Defendant/ Respondent 77 Johns Drive Enola , P A 17025 ~~,~ Lenora M. Smith, Esquire 1205 North Second Srreet Harrisburg, P A 17102 (717) 234-1688 1. D. # 22607 Attorney for Plaintiff VERIFICATION I, Rona L. Hawk verify that the statements made in the forgoing are true and correct to the best of my knowledge, information and belief. The undersigned understands that my statements therein are made subject to the penalties of 18 Pa. C. S. A ~ 4904 relating to unsworn falsification to authorities. Date: 5{- 3/-0Lf sIflna ;;I JiuuJ( Rona L. Hawk G!R -, J> --c:: -S:\ ~ ~ -......J '-^ <::>.<:) I ~," c/) D "-" C' ~ J SJl ~ -...J U1- V\ c- , C) ("-- -< C) r" ~, ...I,> , "" c.:;., C " Co;, -11 (_" :-:::1 r" , N .. . RONA L. HAWK : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLANU COUNTY, PENNSYL VANIA V. JOHNW.HAWK, : NO. 04-4455 CIVIL DEFENDANT : IN DIVORCE NOTICE OF INTENTION TO RETAKE PRIOR NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in Divorce on the II-{.t of D~J!..~-t~ , 2004, hereby elects to retake and use her previous name of Ron a L. Magaro and gives this written notice avowing her intention in accordance with the provisions ofthe Act of December 16, 1982,54 Pa. Cons. Stat. Ann. 9704. 13 i9/c h (;' . .(JfJ{1 awf--, Rona L. Hawr To Be Know as: ~(Y)1() ;)'ffJO(j()./){) Rona L. Magaro () COMMONWEALTH OF PENNSYLVANIA : SS. , imtt, before me, a Notary Public, personally , known to me to be the person whose name is subscribed to the ment and acknowledged that she executed the foregoing for the purposes therein IN WITNESS WHEREOF, I have hereunto set my hand :md seal. ~~~ otary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal CJ?orothy M; Scott, Not~ Public ity of ?~sburg, DauphIn County My Commission Expires Sept. t t. 2008 Member. Pennsylvania Association of Notarfes ~fP ~ J "-" <:..N o ,..- ~ -051 n:1 r ~};,~. -'''"':! ;:. r_l.. K'v.... ~f;. ~=1 ~. ~. CS . , f'-.) <::::) = ;.;Jl (;.... > ;or: I W ~ :;:!...., n1F -am .0 t;:J 06 .:~j -h ~-1-1 0(') ~~m S 1..- ~ -~ -0 :Jt o \D RONA L. HAWK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 04-4455 CIVIL JOHN W. HAWK, Defendant CIVIL ACTION - LAW IN DIVORCE, ET AL Certification of Service I Lenora M. Smith, Esquire, attorney for Plaintiff, hereby certify, that I served the above named Defendant, the Complaint in Divorce in the above captioned matter by certified return receipt on September 9, 2004. Proof of same is attached as Exhibit A li~ h" kJP- Lenora M. Smith, Esquire 1205 N. 2nd Street Harrisburg, Pa. 17102 717-234-1688 I.D.#22607 Date: /?_&_O<-( . Complete llI1ms 1, 2, and 3. Also complete . Ite~ 4 If Restricted Delivery is desired PRnt your name and address on the r~verse so that we can retum the card to you . Attach this card to the back of the m~lIpiece or on the front jf space permits. ' 1. Article Addressed to; 9L Co..> ,N-11 '-'-' 1<- 77 pH2;v 5 fJ. r .-y..~ i v'\ (Jr. I -) 0 :<-) , 0 ~ssee C. 'tJt~{; D. Is delivery address different from item 1? 0 Yes if YES, enter delivery address below:' 0 No tJ - ~ 3. Service Type o Certified Mail 0 Express Mail 00 Registered 0 Re1urn Receipt for Merchandise Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 2. Article Number (Transfer f,om service label) PS Form 3811. August 2001 7002 0460 0002 7100 6591 Domestic Return Receipt 2ACPRI.03-Z-09B5 ( .", " \ I' , . :. RONA L. HAWK, Plaintiff vs. JOHNW.HAWK, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-4455 CIVIL CIVIL ACTION - LAW IN DIVORCE, ET AL PRAECIPE Please withdraw the following claims in the above-captioned matter: 1. Equitable Distribution and 2. Custody. Date: f:;; - '1' () <-{ Respectfully Submitted: By: l]~f'~~ h k~yj2 Lenora M. Smith, Esquire Attorney for Plaintiff, Rona L. Hawk 1205 N. 2nd. Street, P. O. Box 5154 Harrisburg, PA 17110-0154 717-234-1688 1. D. #22607 ~ CERTIFICATE OF SERVICE I, Lenora M. Smith, Esquire, do hereby certify that on this date I served a copy of the foregoing PRAECIPE by placing the same in the United States mail, first class, in Harrisburg, Pennsylvania, to the following: John W. Hawk 77 Johns Dr. Enola, P A 17025 Date: i d G ,I \~ '\ /f t~v,~- l~" ~\, }V Lenora M. Smith, Esquire Attorney for Plaintiff ,,---- - - RONA L. HAWK : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN W. HAWK, : NO. 04-4455 CIVIL DEFENDANT : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under g3301(c) ofthe Divorce Code was filed on September 2, 2004. 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 verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities. Date: i ?- -Ci ~ '''1 ~ldllo ;j 9a{i~ Rona L. Hawk, Defendant ,,' ,. ,-.... ---- ----- - RONA L. HAWK : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN W. HA WI(, : NO. 04-4455 CIVIL DEFENDANT : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under ~3301(c) ofthe Divorce Code was filed on September 2, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service ofthe 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 made herein are subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: '. L - ") - 04 J ,~'J " - ---- RONA L. HAWK : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN W. HAWK, : NO. 04-4455 CIVIL DEFENDANT : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 fee, or expenses if! 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. 1 understand that false statements made herein are subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: I;;. - '1- () '-I ~,&;{t ,j ia{(lI~ Rona L. Hawk, Plaintiff .J'\ , " ~ .' " 1- RONA L. HAWK : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN W. HAWK, : NO. 04-4455 CIVIL DEFENDANT : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330HC) OF THE DIVORCE CODE I. 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 fee, or expenses if! 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 made herein are subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: \ L ,3 - 0 4- Joh , , ".' ..) - -------- 12..,0 IV I}- L 1-( 1\ eN 1<.... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION ::)0 h '" w )../1).....,;<.. NO. oy - '-/,,~-~ CIVIL TERM 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 under ~3301 (c) 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: ~ ~ ~+ C,,-> 'i/c,/$U I I 7 3. 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 / ;;. / '1 ) c 'f ; by defendant i;;J. -.3 - 0 (j I I (b) (1) Date of execution of the affidavit required by ~3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: tJ O;/'J 11- 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 of plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: I ;). / q / [: 'I , Date defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: / .). -" -() 'i Attorney for Plaintiff / Defendant ~ ~ ,A.fl ------ -- - ~++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++~ . . : IN THE COURT OF COMMON PLEAS : . . : OF CUMBERLAND COUNTY : . . . . . . : STATE OF PENNA. : . . . . . . . . : RONA T, HAWK : : No. NO.04-4455 civil : . . . . . . . . + VERSUS + . . . . : JOHN W. H~WK : . . . . . . . . . . . . . . : DECREE IN : . . . . : DIVORCE : . . . . ~ AND NOW,"\")J~~' l V{ , ~~, IT IS ORDERED AND ~ . . . . . . : DECREED THAT RON~ L. H~WK , PLAINTIFF, : . . . . . . : AND JOH~) W. HAWK , 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 . . ,1 Y . : YET BEEN ENTERED; \I\J:.~ : . . . . . . : /'-~~: : /.'~~/; . . . . . . . . : BY THE,COUR,/, /", ,/ ; : ";-~/AA//: . ~, ~ ATTEST/#~. ''1"' J. ~ : ~~ - -J--------- : + PROTHONOTARY + . . . . : \.- .... .,. .... ... . + +++++++++++++++'++~+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++? _~ ~ ~ -'"I'K pI & e( l.~ ".",-w,t"w - p? JIl cC - e' 7r~ 77" ? rp , , . . , ~