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HomeMy WebLinkAbout02-0810MEIDI MICLAT, Plaintiff v. OWEN MICLAT, Defeo~nt IN THE OOURT OF CO~DN PLEAS OF CUMBERLAND OOUNTY, PENNSYLVANIA : Ci-qIL AC*lION - LAW : NO. 2002-81 0 ~-IVIL : IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter having been granted a Final Decree in Divorce from the bonds of matrimony on the oQ~' day of ~-'/XJQ ,2002, hereby elects to retake and hereafter use her previous name ofHEIDI J. DeVANIE and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 2, 54 Pa. C.S.A. Section 704. Heidi J. Miclat / Heidi J. DeVanie / STATE OF /- ) :SS. ) appeared Heidi J. Miclat, nowtfcnown as Heidi J. DeVanie, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein Contained. IN WlTNESSWHEREOF, I have hereunto set my hand and Notarial Seal. Notary Public HEIDI MICLAT, Plaintiff OWEN MICLAT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- 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, Pa. 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. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 HEIDI MICLAT, Plaintiff OWEN MICLAT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 2002- IN DIVORCE _COMPLAINT IN DIVORCE AND NOW, this 13th day of February, 2002 comes Plaintiff, HEIDI MICLAT, by and through her attorneys, Hanfi & Knight, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Heidi Miclat, a Pennsylvania resident, with an address of 4306 Carlisle Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The Defendant is Owen Miclat, who currently resides at 2459 Diamond Street, Apt. 2B, Rosamond, California 93560. 3. The Plaintiffand Defendant are sui juris, and Plaintiff has been a bona fide resident 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 June 13, 1998 in Las Vegas, Nevada. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. The Plaintiffhas been advised of the 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. 7. Plaintiff is an active duty member of the United States Air Force. 8. Defendant is an active duty member of the United States Air Force. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, HANFT & KNIGHT, P.C. Mich~tel J Hanft, Esquire Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Plaintiff VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Heidi Miclat / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDI MICLAT, Plaintiff OWEN MICLAT, Defendant CiVIL ACTION - LAW NO. 2002-810 CiVIL TERM IN DiVORCE CERTIFICATE OF SERVICE AND NOW, this ~ day of March, 2002, I, Michael J. Hanfl, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divome was mailed on February 14, 2002, but actual service took place on March 2, 2002, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Owen Miclat 2459 Diamond Street, Apt. 2B Rosamond, CA 93560 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, HANFT & KNIGHT, P.C. Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt 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 patmits. l osarncrd j Received by (Please Print Clee~y) B. Date of Delivery C. Signature X [] Insured Mail ~] C.O.D. 4. Restrlcted De~ver/? (EX~a Fee) ~[ Ye~ i~ Atticte Number (Cooy from service label) . Form 3811, Ju,y ~990 ...... HEIDI MICLAT, Plaintiff Vo OWEN MICLAT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-810 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) COUNTy OF CUMBERLAND · SS. 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on Febmary 14, 2002. 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 ora 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 herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unswom falsification to authorities. Date: Sworn to and subscribed before me this //,/~ dayof ~ ,2002. Owen Miclat, Defendhnt HEIDI MICLAT, Plaintiff OWEN MICLAT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2002-810 CIVIL TERM IN DIVORCE statements herein are made subject to the penalties of 18 Pa. C.S. §4! falsification to authorities. ~. ~I~C~E_O_F__INTENTiON TO RE UEST ENTRY OF A DIVORCE DECREE UNDER 3301 C OF TIlE D ORCE ODE 1. I consent to the entry of a final decree of divorce withoui notice. 2. 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 granted. 3. I understand that I will not be divorced until a divorce dec~ee 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 Date: }04 relating to unswom Owen Miclat, Defendant HEIDI MICLAT, Plaintiff OWEN MICLAT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-810 CIVIL TERM IN DIVORCE A__FFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) COUNTy OF CUMBERLAND : SS. ) 1. A Complaint in divorce under Section 3301(c) of the DiVorce Code was filed on February 14, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed fi:om the date of filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce alter servibe 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 herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Sworn to and subscribed before me this ~ day of ~ r... ,2002. Notary Public ~ F:\User Folder~Firm D°c$\Gendocs2002~2592.1 a~idav/t, consent, wpd Heidi Miclat, Plaintiff - -- -- - HEIDI MICLAT, Plaintiff OWEN MICLAT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-810 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RE UE T ENTRY OF A DIVORCE DECREE UNDER 3301 C OF THE DIVORCE CODE 1. I consent to thc 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 ifI 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. §4904 relating to unsworn falsification to authorities. Date: F:\User Folder\Finn D°cs\Gendocs2002L2592. I waiver,notlee wpd ~eidi Miclat, laintiff p ' HEIDI MICLAT, Plaintiff OWEN MICLAT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW NO. 2002-810 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on Febmary 14, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed fi.om 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 herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unswom falsification to authorities. Date: Owen Miclat, Defendant Sworn to and subscribed before me this dayof ,2002. Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDI MICLAT, Plaintiff OWEN MICLAT, Defendant CIVIL ACTION - LAW NO. 2002-810 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry ofa fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divome is granted. 3. I understand that I will not be divomed until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately atler 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. §4904 relating to unsworn falsification to authorities. Date: Owen Miclat, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEIDI MICLAT, Plaintiff V. OWEN MICLAT, Defendant CWIL ACTION - LAW NO. 2002-810 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORr~ To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 5. June 19, 2002. 2. Date and manner of service of the complaint: Via Certified Mail, Return Receipt Requested, Restricted Delivery on March 2, 2002. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; June 6, 2002; by the Defendant; June 11, 2002. Related claims pending: None. Date 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: June 19, 2002. HANFT & KNIGHT, P.C. By M~7~ Attorney I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Date: July 12, 2002 Attorneys for Plaintiff IN THE COURT O]= COMMON PLEAS HEIDI MICLAT ~ Plaintiff OF CUMBERLAND COUNTY STATE OF ~.. PENNA. VERSUS Defendant N o. 2002-810 DECREE iN DIVORCE AND NOW,__~~ DeCReeD THAt HEIDI MICLAT ~'~, IT IS ORDERED AND ,PLAINTI fF~ AND OWEN MICLAT ,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; THONOTAJ