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HomeMy WebLinkAbout05-3294 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05- 3JfJ CIVIL TERM : CIVIL ACTIO~- LAW WALTER W. HAWBAKER, Plaintiff JENNIFER H. HAWBAKER, 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 right 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, Cumberland County Courthouse, 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 LAWYER 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 MAY BE 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, P A 17013 (717) - 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cwnberland County is required by law to comply with the Americans with Disabilities Act of 1990. 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 court. You must attend the scheduled conference or hearing. WALTER W. HAWBAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05- 3;;''14 CIVIL TERM CIVIL ACTION - LAW v. JENNIFER H. HAWBAKER, Defendant IN DlVORCE COMPLAINT UNDER 23 Pa.C.S. !l!l3301(c) & 3301(d) OF THE DIVORCE CODE The plaintiff, Walter W. Hawbaker, by his attorneys, the Family Law Clinic, sets forth the following cause of action for divorce: 1. Plaintiff is Walter W. Hawbaker, who currently resides at 108 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Jennifer H. Hawbaker, who currently resides at an unknown location in Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing ofthis Complaint. 4. Plaintiff and Defendant were married on December 6,1997, in Carlisle, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since July 2004. 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 court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marriage. Date: &/2-&/OJ I CE ROBERT . RAINS ANNE MAC-DONALD FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa. C.S. 94904, the undersigned verifies that the statements made in the foregoing Complaint are true and correct, to the best of my knowledge, information and belief. Date:b / 2- j?' /O,{'- ,r / Y~W~w~~~' o C' .-' c'" c:..::- c.n C) -n 1'.> CD ~ (~:,:) (,) N v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA : NO. 05- ~ t CIVIL TERM : CIVIL ACTION - LAW WALTER W. HAWBAKER, Plaintiff JENNIFER H. HAWBAKER, Defendant IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Walter W. Hawbaker, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certify that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date: 6/1f/oS- , ~ ~Do"gJd B~tci" Certified Legal Intern THO . PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 Phone: (717)243-2968 Fax: (717) 243-3639 ~ "'> = ~~~~ ", o.::J :!:': _.Ie;> C C.) 1'0 W ALTER W. HAWBAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3294 CIVIL TERM CIVIL ACTION - LAW JENNIFER H. HAWBAKER, Defendant IN DIVORCE AFFIDAVIT OF SERVICE 1, Douglas James Boorstein, hereby certify that I am a competent adult and that I personally served a true and correct copy of the Complaint for Divorce on the defendant, Jennifer H. Hawbaker, at the Domestic Relations Office at 13 N. Hanover Street, Carlisle, Pennsylvania at approximately 10:45 a.m. on the 28th day of June 2005. 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 POl.C.S. ~ 4904, relating to unsworn falsification to authorities. Date: h/2%;28bS I I Jl"J: ~ ~~ y~ Douglas James Boorstein Certified Lt:gal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 Phone: (717)243-2968 Fax: (717) 243-3639 (') "" 0 = c: = -n OJ' . .-1 i":' '-- ::l:-n L c:: rn- -"" -0 IT. """'- ;'i: N ;bC(' C/J.' CO ~,(' ~() f;~ "r-'l", Ji; ::2 ',~:!j -"" -::;..(") r- ~ (~S in / .:~ - ~ 0-) :'0 (,oJ .< W ALTER W. HAWBAKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTlON- LAW : IN DIVORCE JENNIFER H. HAWBAKER, Defendant : No. 05-3294 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: mutual consent under S3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by hand delivery at the Domestic Relations Office at 13 North Hanover Street, Carlisle, Pennsylvania on June 28, 2005. 3. Date of execution of the affidavit of consent required by S3301 (c) ofthe Divorce Code: by Plaintiff- October 4,2005; by Defendant- October 8, 2005. 4. Related claims pending: none 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: October 17,2005. Date Defendant's Waiver of Notice was filed with the Prothonotary: October 17, 2005. /l'!1!cY--- le;vVlrtl ,-;;('~A~ Dat~ I . ~essica L. Bowman V ~,rt;fi'd ",,,I In",", f7L. ~11~u- ~ Thoma . ace . Robert E. Rains Anne MacDonald-Fox Lucy Johnston-Walsh Supervising Attorneys F AMIL Y LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 Attorneys for Plaintiff .-> (:7) C~I <.;.J) C) C) " ,- -n ""V ')? WALTER W. HAWBAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3294 CIVIL TERM CIVIL ACTION - LAW JENNIFER H. HAWBAKER, Defendant IN DIVORCE AFFIDAVIT OF SERVICE 1, Douglas James Boorstein, hereby certify that I am a competent adult and that 1 personally served a true and correct copy of the Complaint for Divorce on the defendant, Jennifer H. Hawbaker, at the Domestic Relations Office at 13 N. Hanover Street, Carlisle, Pennsylvania at approximately 10:45 a.m. on the 28th day of June 2005. 1 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. S 4904, relating to unsworn falsification to authorities. Date: f:/2t;2M5 I I ~O~ Si atutf Douglas James Boorstein Certified Legallntern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 Phone: (717)243-2968 Fax: (717) 243-3639 o c~ <-' cc> c::::'> l.;,.fl ;:~~ !'-' CO -0 -,-." -- f-~ N .. Q ~'\ 1 .-:1 ::1-:;0 rrlj-- -':J~{ ~..~; '.C\ ..,,~ (~" ~::~-\ <=2t':l ::~n )')1 ':'::\ '-:>-- ,.':0 :4 ,--.) c.,..O ~ WALTER W. HAWBAKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE JENNIFER H. HAWBAKER, Defendant : NO. 05-3294 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 99 3301(c) of the Divorce Code was filed on June 28, 2005. 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. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 1 verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date / i./ '110 (- , / u~ Z/ 7/~e:c.,,6f~- Walter W, Hawbaker, Plaintiff .-> c:::J ,-,7.:' ~;.>'-I c::> C''). -.l -c ...:.,,. :'.:.( o " .-1 ~J: -n li'lp-::. rl1 '" (; :'-'\ r~' Ii'. r;;> (,.) CO W ALTER W. HAWBAKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE JENNIFER H. HAWBAKER, Defendant : NO. 05-3294 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. I understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 3. I understand that 1 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. 1 verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date /d/ V / oj / I t?t&?J ~/~ Walter W. Hawbaker, Plaintiff ?,; ~ c..J1 C? ~~:';l -- -l t;;' ~-'') CD WALTER W. HAWBAKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE JENNIFER H. HAWBAKER, Defendant : NO. 05-3294 CIVIL TERM AFFIDAVIT OF CONSENT \. A Complaint in Divorce under SS 3301(c) of the Divorce Code was filed on June 28, 2005. 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 herein are made subject to the penalties of 18 Pa.C.S. S4904, relating to unsworn falsification to authorities. Date It! - <j -OJ o ~(l r-' c:.~) ;Z0 o (~', --> <:';? 0) \!.J -''''' ".. . ......, ~ - WALTER W. HAWBAKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE JENNIFER H. HAWBAKER, Defendant : NO. 05-3294 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER *3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that 1 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. ~4904 relating to unsworn falsification to authorities. Date 10 ~ <r. i2S:_~___ .-' --:-:,) \-~") ..,;jl C? ;, ", --, .-- _! ~2 --. , - , o -n A ..,- ~- l-'. .,.....,) ." (..1>) ..v W ALTER W. HAWBAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW : DIVORCE JENNIFER H. HAWBAKER, Defendant : NO. 05-3294 CIVIL TERM CERTIFICATE OF SERVICE 1, Jessica L. Bowman, Certified Legallntem, Family Law Clinic, hereby certify that I served true and correct copies ofPlaintifrs and Defendant's Affidavits of Consent, Waivers of Notice forms, the Praecipe to Transmit Record, and the Vital Statistics Form on the defendant, Jennifer Hawbaker, by depositing a copy of the same in the United States mail, postage prepaid, the 17th day of October, 2005: Jennifer Hawbaker c/o Katherine R. Heflin 2208 Ritner Highway Carlisle, P A 17013 ~ Thomas . Place Robert . Rains Anne MacDonald-Fox Lucy Johnston-Walsh Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 ,....., ,'--=-, ,;';'.~'> e,;...'1 C) ( (~) -';1 ---\ ;.':'~-ol --' -:'1 r....) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. W~LTER w. H~WB~KER No. 05-3294 ~taintiff VERSUS JENNIFER H. HAWBAKER 1)pfpnnr:mt DECREE IN DIVORCE AND NOW, lC;;~ - "-"" ,,- ~~ , IT IS ORDERED AND ''$~ <....... DECREED THAT Walter W. Hawbaker , PLAI NTI FF, AND Jennifer H. Hawbaker , 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; .. r- \\J' V' O~ , / " r ,/ /' By THE COURT:. /' f t ./ . ..,", ./ h~ J. . ~ I PROTHONOTARY ~ .. + . r/11 ~ ~ r~{, sr.J Y. iJl . 7 ';/ -p- /'r Nt;;; .pJ .,(7. >f' . 0/ . ," J' ,1' '-,: d'