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HomeMy WebLinkAbout04-5672 " , () F \User Folder\Film Docs\Gendocs2004\3739-ldiv complaint wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLINS O. BAXTER, Plaintiff v. CIVIL ACTION - LA W NO. 2004- 5~ 7 ~ C~ CORNELIA EMELDA DOCTROVE, 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 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOU 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL Y ANIA COLLINS O. BAXTER, Plaintiff v. CIVIL ACTION - LAW NO. 2004- CORNELIA EMELDA DOCTROYE, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this jf~ day of November, 2004 comes Plaintiff, Collins O. Baxter, by and through his attorneys, Hanft & Knight, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Collins O. Baxter, whose mailing address is CMR 431, Box 2777, APO AE 09175 and whose county of residence is Cumberland County. 2. The Defendant is Cornelia Emelda Doctrove, whose mailing address is Rossdoerfer Str 23,64372 Ober-Ramstadt, Germany and whose county of residence is Cumberland County. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on August 8, 1995, in Denmark. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. The Plaintiff has been advised ofthe availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, HANFT & KNIGHT, P.e. c~ Sean M. Shultz, Esquire Attorney ill No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Plaintiff VERIFICATION I VERIFY that the statements set forth in the attached document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penahies of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Collins O. Baxter ~ .. ~i ~ ~ ~ B I"-> c:.::;:::; 0 C'"':...) I] -~ :;-e: :::! ........., ~ C) fii :"'1 cP\ ...::: r- IJ rij --.} N ~U(? ::::; () ~!) ..,"". - \", 0" 0,' ......"..,.. ;.;':;) ~I,:! ~ ~ -....., v..) ~7~ r,"~ ~ ~.:~" :t~~ ~ -~ C> C> -,< :J] t.n -< ~ C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COLLINS O. BAXTER, Plaintiff v. CIVIL ACTION - LAW NO. 2004-5672 CORNELIA EMELDA DOCTROVE, Defendant IN DIVORCE ACCEPTANCE OF SERVICE~ I, Cornelia Emelda Doctrove, the Defendant in the above captioned matter, hereby accept service of the Complaint in Divorce filed on November 12,2004., in the above captioned matter. Dated: J.C1 AJ(jl/e~~ JOe) (f F \User Folder\FmTI Docs\Gendocs2004\3 739-1 ace ser wpd ,-, "'- ) c- ~'-..:') ':,:::-to '"::,,;) _r::- c:' .4 r'~ C''') /" ,", '_,I -"iJ r"",..""i r<" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLINS O. BAXTER, Plaintiff CNIL ACTION - LAW v. NO. 2004-5672 CORNELIA EMELDA DOCTROVE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT STATE OF PENNSYL VANIA ) : SS. ) COUNTY OF CUMBERLAND I. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 12,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. [consent to the entry of a final Decree of Divorce after service of notice ofintention to request entry ofthe Decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. 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 falsificatiol1 to 2uthorities. Date: -\\X-' \ ~ ,2005 4f{fr:f~~ Sworn to and subscribed before me this ~\f\ day of -8rrl' ( ,2005. ~Nnh{lirl ^~~ otary Pubh Kl-<<e .\l~ N\O~-\kt KIMBERLY P. MONTELLA NolaryPublic, MacombComty,.... MyCommiss<<ln Expires,Ol,QW8 ~, C'! ";'1 lr~) \",) c;:) r--..': (""...) - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLINS O. BAXTER, Plaintiff CIVIL ACTION - LAW v. NO. 2004-5672 CORNELIA EMELDA DOCTROVE, Defendant IN DIVORCE WAIVER OF NOTICF OF INTEl'HTON TO REOlJf,ST ENTRY OF A DIVORCE DECREE UNDER ~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 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 true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: 4l4\ 05" ~~Pb~ Collins O. Baxter /_.-, :::-1 ""'~ C:J r".": ,...., ,~ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COLLINS O. BAXTER, Plaintiff CIVIL ACTION - LAW v. NO. 2004-5672 CORNELIA EMELDA DOCTROVE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT ST ATE OF PENNSYLVANIA ) : SS. ) COUNTY OF CUMBERLAND I. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 12, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. 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. ., Section 4904 relat' g to unsworn falsification to authorities. Date: t (p ~ ,2005 Sworn to and subsc . ed before me this Ie., day of ,2005. , U S. Armed Forces In Europe Darmstadt, Germany , \)$ ARM y " NOTARY 10 use 1044a PUBLIC Notary Pub c A'.ijIEl FUENTES PARAlE~Al NeD SuI us ARMY F'Uw 'fllf'~""'l'et'1'll1i'9&'fIr4A t-:) ~ o ~'n ..-'~ (",.) .- w w - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COLLINS O. BAXTER, Plaintiff CIVIL ACTION - LAW v. NO. 2004-5672 CORNELIA EMELDA DOCTROVE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTiON TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(C) 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 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 ofthe 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. 94904 relating to unsworn falsification to authorities. Date: t (; IL{ ~ ~OO S c F\User Folderlfirm Docs\Gendocs2005\J739-lwaiver.notice. wpd r-:'I 0 <g 1" c--f'" -"'" ~, " <...) v:: - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLINS 0, BAXTER, Plaintiff CIVIL ACTION - LAW v, NO, 2004-5672 CORNELIA EMELDA DOCTROVE, Defendant IN DIVORCE PRAECIPE TO TRANSMIT 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 Section 3301(c) of the Divorce Code, 2, Date and manner of service of the Complaint: served on Defendant by United Parcel Service and also by Registered mail. Defendant signed an Acceptance of Service on November 29, 2004, which was filed with the Court on December 15, 2004. 3, Date of execution of the Plaintiff's Affidavit of Consent required by Section 3301 (c) of the Divorce Code; April 4, 2005; by the Defendant; May 16, 2005, 4, Related claims pending: None, 5, Date Plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: April 20, 2005, Date Defendant's Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: June 1,2005, an M, hultz, squire Attorney I.D. No, 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Plaintiff Date: July 1, 2005 P:IUsrr Folder\Finn Docs\Gendocs2005\3739-1 praecipe,wpd o ~~; ~C~. vc; ~tc' u>_ ~c., :,;, C) ->~ -< "'"' = = <:.M <- c: .. I U1 ~ :r!-n rnlTi "6 :n q -:!-ri 6::0 i5~ ~ ~ -u :x ~ w o . . . . . . .. . ;t; ;to :t::ti:f. Of. If.il: . ;f. "":Ii:+: ;+;:f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ;+; mT.T.TNC: t"'\ p'1\VI"flti'D . . . . . . . . . . . . . . NO. 2004-5672 pl"int.i if VERSUS <XlRNELIA ~ ~OVE ~-fpnnrlni- DECREE IN DIVORCE c::r 3: ~f"tll . AND NOW, ::r 1 Co 2005 , IT IS ORDERED AND . <XlLLINS o. BI'>XTEB , PLAINTIFF, DECREED THAT . , OEFENOANT, . CORNELIA EMELDA IXJCrROVE AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . + + . + . . + + + . . + + . . . + . . + . . + . + + + . + . . + . ;+; ;f. Of. 'f. 'f.;\;:to; . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE . BEEN RAISED OF RECORD IN THIS ACTION YET BEEN ENTERED; tJ J~ f" FOR WHICH A FINAL ORDER HAS NOT . . . . . . J. . BY . . ATOE>"~ ~ ' ~- ROTHONOTARY . . . . . . . . . . L.__. ~ ;p ~ ~~ XL. 7II'ys::' ~ ~ ~ ~? -;m; _5'(7 'L.