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HomeMy WebLinkAbout04-5180 JONATHAN B. HEINZE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE TRACEY M. HEINZE, Defendant NO. 04- ')1 ~ tJ CIVIL TERM 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 right important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Conrthouse, 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 LA WYER AT ONCE. IF YOU DO NOT HAVE LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE ALA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford 8t. Carlisle, PA 17013 (717) - 249-3 ]66 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of] 990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the conrt. You must attend the scheduled conference or hearing. JONATHAN B. HEINZE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE TRACEY M. HEINZE, Defendant NO. 04-"~/fO CIVIL TERM COMPLAINT UNDER 23 Pa.C.S. ~~ 3301(c) and 3301(d) OF THE DIVORCE CODE The plaintiff, Jonathan B. Heinze, by his attorneys, the Family Law Clinic, sets forth the following cause of action: I. Plaintiff is Jonathan B. Heinze, who currently resides at 737 Hummel Avenue, Apartment #4, Lemoyne, Cumberland County, Pennsylvania] 7043. 2. Defendant is Tracey M. Heinze, who currently resides at 304 Humme] Avenue, Apartment #2, Lemoyne, Cumberland County, Pennsylvania ] 7043. 3. P]aintiffhas been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on April ] 7, ] 993, in Cumberland County, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since April, 2003. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaintiff or defendant may have the right to request that the conrt require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the marriage. ~A) 1Jl1j)~_L;; R6~'E'itrfRAINS Zb THOMAS PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Counsel for Defendant Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A ]7013 7] 7 -243-2968 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of ] 8 Pa. C.S. !}4904, the undersigned verifies that the statements made in the foregoing Complaint are true and correct, to the best of my knowledge, information and belief. Dated: /,6/,.... '7-'"(0 Y ~~,;;?'~ ~ c;::?' ~ j~~a~. Heinze JONATHAN B. HEINZE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE TRACEY M. HEINZE, Defendant NO. 04- -5' ~6 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Jonathan B. Heinze, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the. party is unable to pay the costs and that we are providing free legal service to the party. Date /1> -11/ -1>'1 'lie- R.Abbott ified Legal Intern ~-'1<,~.dL- ROBE RAINS THOMA M. PLACE ANNE MACDONALD-FOX LUCY JOHNS TON- WALSH Supervising Attorneys FAMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA ]70]3 717-243-2968 JONATHAN B. HEINZE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, CIVIL ACTION-LAW DIVORCE TRACEY M. HEINZE, Defendant NO. 04-5180 CIVIL TERM PRAECIPE TO REINSTATE THE COMPLAINT To the Prothonotary: Please reinstate the.~ Complaint in the above-captioned case. Date: //-/1..-0'1 ~~~ ROBERT E. RAINS THOMAS PLACE LUCY JOHNSTON- WALSH ANNE MACDONALD-FOX Counsel for Defendant Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 "-... . h ,. ..... . . (] r-..:> t:J C:l f-; C.:) ->11 ...r::- -'I.... ....,:).,... C,:) 4;:: 1',) I ;r.'> -,,~. ~~~ ~? ..t.. -.... CO '- ~ - JONATHAN B. HEINZE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE TRACEY M. HEINZE, Defendant NO. 04-5180 CIVIL TERM VERIFICATION OF SERVICE I, James R. Abbott, hereby verify that I am a competent adult and that I served a true and correct copy of the above captioned Complaint for Divorce under 23 Pa. C,S. ~~3301(c) and 3301(d) on Tracy M. Heinze by depositing a copy of the same in the United States mail, certified number 7003 3110 0004 5774 2532, restricted delivery, return n:ceipt requested on the 10th Day of November, 2004 addressed as follows: Tracey M. Heinze 634 Hummel Avenue Second Floor Lemoyne, Pennsylvania 17043 Sender's receipt no. 7003 3110000457742532 is attached hereto and incorporated by reference. On the 15th day of November, 2004, domestic return recdpt number 7003 3110 0004 57742532 was delivered to the Family Law Clinic, bearing the signature Tracey M. Heinze and showing a date of service of November 12, 2004. Domestic return receipt number 7003 3110 000457742532 is attached hereto and incorporated by reference. I understand that making any false statement would subject the Family Law Clinic to penalties under 18 Pa. C.S. ~4904 (relating to unsworn falsification to authorities) Dated: " h7-/o 1 I · / ~ . Abbott rdfied Legal Intern F AMIL Y LAW CLINIC 45 N, Pitt St. Carlisle, P A 17013 717 -243-2968 .....::,,' ;<? .;.........~ <"': r ..: ,-- ,.::.....:,t c~) ~ ~...;: -(~~:~~ .'<.,;' ........ '''' . l,) , i :.:.,,~" J ..,..J~ .:';::1 ~<....~ ;,~:~'].~: j :;:7 I~_ I r-l..., ) ~;~>. "I' -) .':/. if -< ru ITl U1 ru u.s. Postal Service CERTIFIED MAIL,., RECEIPT (Domestic Mail Only; No Insurance Cover: ge Provided) .:r- I"'- I"'- U1 lQlffiAmobC I A L Postage $ $0.37 31 $2. . 3t) ."'J $3.30.St? . Total Postage & Fees $ $'l-?2CJ.. ~ ~'}"'''1IIfoI:']11 IUSE Certified Fee .:r- CJ CJ CJ Return Reclept Fee (Endorsement Required) CJ Restricted Delivery Fee ,.., (Endorsement Required) ,.., ITl 11/10/2004 ITl CJ CJ I"'- . Complete items 1, 2, and 3. 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: ~-=-1 f'{').~; I'\.?.. (,34~~~ ~-/ CJ. L.c <),...-' Le---OjlW. I PA.. "O'+~ 3. Service Type >it Certified Mail 0 Express Mail "QRegistered 8' Return Recaipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7 cO 3 '3 110 OO() SI S 77 tf/ 2...8 3 ~ (Transfer from servioe label) PS Form 3811, August 2001 DomMtic Return Receipt 1 02595-02-M-1 035 ~ ... JONATHAN B. HEINZE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. CIVIL ACTION-LAW DIVORCE TRACEY M. HEINZE, Defendant NO. 04-5]80 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations 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. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in April of 2003, and have continued to live separate and apart for a period of at least 2 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. S4904, relating to unsworn falsification to authorities. Date:/~c(/~f ~\ /;;O.~ -, ~athan B-:-Heinze Plaintiff l<) = c;, ,;..n ..~, -':'" .'.'c ( \'~ r,.:;, r:~' (.!", N - JONATHAN B. HEINZE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE TRACEY M. HEINZE, Defendant NO. 04-5180 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF & 3301(d) DIVORCE DECRE~ TO: TRACEY M. HEINZE DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the ~ 330l(d) affidavit. Therefore, on or after August ]5, 2005, 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 dat.:, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary 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 <:Qunter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, 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 MAYBE 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 South Bedford Street Carlisle, PA 17013 (7]7) - 249-3]66 , C" --.1 -:... "', = C::l en <- c~ t~::: 1'.) 0-' __C', ~ (}-: JONATHAN B. HEINZE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE TRACEY M. HEINZE, Defendant NO. 04-5]80 CIVIL TERM CERTIFICATE OF SERVICE~ I, Douglas James Boorstein, hereby certify that on the 3'd day of June, 2005, I served a true and correct copy of a Plaintiffs Affidavit Under Section 33()] (d) of the Divorce Code on Tracey Heinze by first class U.S. mail, addressed as follows: Ms. Tracey Heinze 308 Humme] Avenue Lemonyne, P A 17043 Date:~ ames Boorstein L(:gal Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A ] 70 13 c ,..., 0 .' = C. ~,::> --n ., ,:J"I , :~ 2: ro'-- en r= ,-- " 1'-) C1 0' () -~ ;) -'., ("J :;~ (n (- N :,::.j "\'-" :iJ -~ t.n .<. JONATHAN B. HEINZE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE TRACEY M. HEINZE, Defendant NO. 04-5]80 CIVIL TERM CERTIFICATE OF SERVIC]~ I, Douglas James Boorstein, hereby certifY that on the 26th day of July, 2005, I served a true and correct copy of a Notice ofIntention to Request Entry of a ~ 3301(d) Divorce Decree and a Counter-Affidavit Under ~ 330](d) of the Divorce Code 011 Tracey Heinze by first class U.S. mail, addressed as follows: Ms. Tracey Heinze 308 Hummel Avenue Lemonyne, P A 17043 Date: fIU/uor- !Ik:~ les Boorstein ega] Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A ] 70] 3 (,:) m ", <::~) c:.> ~l o -n ::;:! nli=T'" L. j_.'.+ c" C'0 i"':~- : ,. -0-' T .' JONATHANB. HEINZE, P ]ainti ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE TRACEY M. HEINZE, Defendant NO. 04-5180 CIVIL TERM PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: 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 ~ 330] (d)(I) of the Divorce Code. 2. Date and manner of service of the complaint: November ]2,2004, Certified Mai], Restricted Delivery, return receipt requested, postage prepaid. 3. Date of execution of the affidavit required by 9 3301 (d) of the Divorce Code by the plaintiff: May ]6,2005. Date of filing of the plaintiffs affidavit required by ~ 330] (d) of the Divorce Code: May 27, 2005. Date of service of the plaintiffs affidavit upon the defendant. June 3, 2005. 4. Re]ated claims pending: None .. 5. Date and manner of service of the Notice to Intention to Request Entry of g 330 ] (d) Divorce Decree a copy of which is attached: July 26, 2005, by first class mail. Date: /2-!llf!LtJOJ I ~~JtJ D ~ ;' /k.. J~ ~-- TH M . PLACE / ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PAl 70 13 Phone: (7] 7) 243-2968 Fax: (7] 7) 240-5204 717/243-2968 . ., . " JONATHAN B. HEINZE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE TRACEY M. HEINZE, Defendant CJ ;.::... ~::: r-> -= CI <Or' NO. 04-5]80 CIVIL TERM TO: NOTICE OF INTENTION TO REQUEST ENTRY OF !l3301(d) DIVORCE DECREE TRACEY M. HEINZE DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the ~ 3301(d) affidavit. Therefore, on or after August 15,2005, 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 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 LA WYER 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 MAYBE 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 South Bedford Street Carlisle, PA ]7013 (717) - 249-3]66 f'.' 0', C:J -n :? -,----rl nl--:': -o~"n ~_,-!l c:~) '-';~(~) ;2~~ ~4 .'.;;fn K' '--=-i -:::0 <. (.J' . .. . " JONATHAN B. HEINZE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE TRACEY M. HEINZE, Defendant NO. 04-5]80 CIVIL TERM COUNTER-AFFIDAVIT UNDER ~ 330l(d) OF THE DIVORCE CODE I. 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, 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 ofIntention 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. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to ] 8 Pa.C.S. 9 4904, relating to unsworn falsification to authorities. Date: Tracey Heinze, Defendant NOTICE: If you do uot wish to oppose the eutry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. - .' . . . . . . . . . . . . . . . . , . , . , , , , . , . . , . , , , , , , , . . , , , . . , . . , . . , , . , , . , . . . , , , , , . . , . . . . , . . , . . , . . , , , , . . , . . , . . , , , , , , , '. Of +:+: +:+: +. .. :+:;+::f.:+::+: :+::+::+::+::+: +:+: ++:+: + + +:+ + + 'f+ ++ + .. . .. " +'f+Of.:+: " "" " " " IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. ,JONATHAN B. HEINZE, Plaintiff No. 5180 2004 VERSUS TRACCRY M. HRINZE, Plaintiff DECREE IN DIVORCE AND NOW, ~;)I ~/tJ:tC~,A1 . ~S ,IT IS ORDERED AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. . , . . , , , . , , , , , , . . . . , , , . . + . . + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + . ++++++++++++++++++++++? DECREED THAT JONATHAN 8. HEINZE , PLAI NTI FF, AND TRACEY M. HENIZE , 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 AmS(!~ PROTHONOTARY H +++:f. +:+:+++'f'f+++++++:+:'f '1'+:+:++ +:+:++'f:+:+'f ++'+':+:+ . .. + +. + + + + + " + + + + " + + + " + + + + + + + + . + + " + + + + + . . + + . + + . . " + + + J. .;fIr :l /f/~ ~d-, ;,() -re. e! 7 J !fJ'fJ' ",",' M? P9 SV' tt" el .. .. \ f' ,. ..\ .