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HomeMy WebLinkAbout01-5012 NANCY M. BURNS : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. ROBERT J. BURNS : : CIVIL ACTION - LAW Defendant : DIVORCE NOTICE YOU HAVE BEE~ 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 in 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, includig 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 Court Administrator, 4th Floor, Cumberland County Courthouse, 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 CB-KINOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 717.240.6200 NANCY M. BURNS : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA. ROBERT J. BURNS : CIVIL ACTION - LAW Defendant : DIVORCE COMPLAINT AND NOW, Comes Plaintiff, Nancy M. Burns, by and through her attorney, James W. Abraham, Esquire, Abraham Law Offices, Harrisburg, Pennsylvania, and files the following: COUNT I DIVORCE PURSUANT TO SECTION 3301(c) OF T~EDIVORCE CODE 1. Plaintiff, Nancy M. Burns, is an adult individual who resides at 910 Sterling Court, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant, Robert j. Burns, is an adult individual who resides at 34 Rocky Ridge Road, Dillsburg, Pennsylvania, 17019. Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on January 12, 1980 in Coudersport, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are not members of the Armed Forces of the United States. W-~IEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce dissolving the marriage. COUNT II INDIGNITIES 9. Defendant has caused such indignities against Plaintiff which has made life burdensome and intolerable for Plaintiff, the innocent and injured spouse. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce dissolving the marriage. Respectfully submitted: James W. Abraham, Esq. Abraham Law Offices 513 North Second St. Harrisburg, PA 17101 (717) 232-7825 Attorney for Plaintiff DATE: 8/28/01 VERIFICATION I, -~A~ t~l, ~ ~ S the undersigned, hereby verify and confirm that I have reviewed the foregoing document and the statements therein are true and Correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, do hereby certify that I have served a true and correct copy of the foregoing document, by certified mail, on the date indicated below, to the following person(s): Robert J. Burns 34 Rocky Ridge Road Dillsburg, PA 17019 DATE: 8/28/01 ~ James W. Abraham, Esquire 1N THE COURT OF COMMON PLEAS OF NANCY M. BURNS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. ROBERT J. BURNS, NO. 01-5012 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on August 28, 2001. 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 1N THE FOREGOING 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 UNSWO7 FALSIFICATION TO AUTHORIT~ NANCY M. BURNS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. ROBERT J. BURNS, NO. 01-5012 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST. THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE. 1. I consent to the entry of a final decree in 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 divorce until a divorce decree is entered by the Court and that a copy of the decree will be sent to me inunediately after it is files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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: O~ ~ ['-7 - 0 q ROi3ERT j.~[~qS, De~en~dan~t~. 1N THE COURT OF COMMON PLEAS OF NANCY M. BURNS, Plaintiff CUMBERLAND ,COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 01-5012 CIVIL TERM ROBERT J. BURNS, Defendant 1N DIVORCE ACCEPTANCE OF SERV~ICE I, Robert J. Bums, acknowledge that I received a copy of Plaintiff's Complaint in Divorce in the above captioned action on or about August 30, z,00 . NANCY M. BURNS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ROBERT J. BURNS, : NO. 01-5012 CIVIL TERM Defendant : IN DIVORCE .WAIVER OF NOTICE OF INTENTION TO REQUESi' THE ENTRY OF A DIVORCE DECREE UNDER §3301(c} OF TH~ DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ill do not claim them before a divorce is granted. 3. I understand that I will not be divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT 'FO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. NANCY M. BUI~, Plaintiff - ---J NANCY M. BURNS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW ROBERTJ. BURNS, : NO. 01-5012 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on August 28, 2001. 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 THE FOREGOING 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. NANCY-M. B[~N~3, Plai~tiff- -- NANCY M. BURNS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : ROBERT J. BURNS, : NO. 01-5012 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORn TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: i. Ground for divorce: Irretrievable breakdown under §3301(c) (Slrike out inapplicable section). 2. Date and manner of service of the Complaint: Acceptance of Service by Defendant on or about August 5, 2004. 3. Complete either paragraph (a) or Co). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of thc Divorce Code: by Plaintiff.' August 2, 2004 by Defendant: July 17, 2004 (b) (1) Date of execution of thc 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: none 5. Complete either (a) or Co). (a) Date and manner of service of the notice of intention to file Praeclpc to Transmit record, a copy of which is at~ached: Co) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Contemporaneously with filing this Pmecipe to Transmit Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: August S, 2004 Marylo~atas, Esqui~:- GRIFFIE & ASSOCIATES ,4ttorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. NANCY bf. BURNS ~ NO. o~- _ - VERSUS De f~nd~a.rlf- DECREE iN DIVORCE AND NOW,~ ,~iT i$ ORDERED AND DECREED THAT Nancy I~. Burns , PLAINTIFF, AND Robert J. Burns , 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; ~ The parties' Separation and Property Settlement Asrebment dated July 8, 2004~ ts incorporated l~erein, but not merged. A'FKEST~. PROTHONOTARY