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Home My WebLink About05-4224 \~ DENNIS E. HAWBAKER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. /)00::;- 4'):;)'-/ Civil Term JOSEE 1. HAWBAKER, Defendant : ACTION 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. Where 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 Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RlGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 vs. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05- <1,l..:J..f Civil Term ACTION IN DIVORCE DENNIS E. HAWBAKER, Plaintiff JOSEE L. HAWBAKER, Defendant COMPLAINT IN DIVORCE I. Plaintiff is Dennis E. Hawbaker, a competent adult individual, who has resided at 4 Rear Cedar St. Mount Holly Springs, Cumberland County, Pennsylvania, 17013, since 1973. 2. Defendant is Josee L. Hawbaker, a competent adult individual, who has resided at 1125 Harrisburg Pike, Apt #4, Carlisle, Cumberland County, Pennsylvania, 17013, since 2000. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married in 1974 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have three children together; however, all are over the age of eighteen (18). 8, Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsitication to authorities. A?U~-r~~ Dennis E. Hawbaker, Plaintiff om.. '0(; it':> ~ Respectfully submitted, J e Adams, Esquire .D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~ ~ -, <;- ~ ~ ~ ("") ~. )Q --" '-0 <-l\. V\ ----- \.'( c5 '^ D ----.;::> ~ ~ ,.~ ';:;, :s \/' -": \,:;.~ Q. ~ ,-,' ~:::; ~. .,," c' G) -- cP ~~, f,',\ :'/~. ' ~>:i_ -,','.'. :;:~:j .(~.~ :.<. @ o .on .,A ~1.:. ...,..-\ ,."....? -t~0.:)' ~:" \.... -(\l~~. .~:C~r), , -.t" ~':'~ ;.9- -0. ::/"~ -- .' v) DENNIS E. HAWBAKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. "20.,)- '+ 2. 2. 'f Civil Term JOSEE 1. HAWBAKER, Defendant ACTION IN DIVORCE NOTICE If you wish to deny any ofthe statements 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. AFFIDAVIT OF SEP ARA TION I. The parties to this action separated in 1997 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses in 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. ~4904 relating to unsworn falsification to authorities. Date: 8-/6-cJs~ , ~ 4.~E~ . Dennis E. Hawbaker, Plaintiff 0 r-> ~ '"'" ~ ~ .-l ~'C \'~ ",. :t::J) (~';\' , Co rI1r:::: G> (ie, -om - :oC( C> O(l '/ ..A..-, J'~ -C ;~:H ::,: '';,::~(-') 7~~; - (Srn ~~ ~ ~ .-, .4. -l DENNIS E. HAWBAKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 4224 Civil Term JOSEE L. HAWBAKER, Defendant ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this September 12, 2005, I, Jane Adams, Esquire, hereby certifY that on August 20, 2005, a certified true copy of the NonCE TO DEFEND, COMPLAINT IN DIVORCE, and AFFIDA VII OF SEP ARA nON were served, via certified mail, restricted delivery, return receipt requested, addressed to: Josee Hawbaker #4 1125 Harrisburg Pike Carlisle, Pa. 17013 DEFENDANT '-..,f~.,dl 'L'L,fl,:;:,.::.t:CrlON COMPLETE, n..;) ~t::L liON ON DELIVERY . Complete Items 1, 2, and 3. Also complete ~em 4 ff Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this cerd to the back of the mallplece,- oron the front ff space permits. ~.18-0:o 1. Article Addressed to: JOStF H~\1)ffl~lR tit . JJ ZS H~ffil5&1R6 pm CJ1Rl~LE ~ It no I~ 3. Service Type )lI' Cert~iod Mall D Exp""", Mall CJ Registered X(Retum Receipt lei '.h.~I._..~ o insured Mall 0 C.O.D. 4, Restricted Delivery? (Extra Fee) )(Ves 2.__ ~from_labeQ i PS Form 3811, FebNery 2004 7005 0390 0003 2635 3785 Domestic Return Receipt 102596-02-M-1.' ]. Adams, Esquire .D No. 79465 outh Pitt Street Carlisle, Pa. ] 7013 (717) 245-8508 ATTORNEYFORPLAINTWF ~-, C.',? c;;.:) c"n (y ::'n ::;:J F1:J:i ,-- -;:'jn, ::~)'y ~-),-) J~ 2F;~ ~-::-l 5, -< e./) f/! -u N ~:='"" C5 , . DENNIS E. HAWBAKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05 - 4224 Civil Term JOSEE L. HAWBAKER, Defendant : ACTION IN DIVORCE NOTICE OF INTENT TO REOUEST ENTRY OF DIVORCE DECREE TO: Josee L. Hawbaker 1125 Harrisburl!: Pike. ADt #4 Carlisle. Pa. 17013 Date: SeDtember 14. 2005 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, in twenty days, after October 4, 2005, the Plaintiff 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 date above, the Court can enter a final decree in Divorce. A counter-affidavit which you may file with the prothonotary of the court 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 your counter-affidavit alone does not protect your economic claims. 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 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 . . DENNIS E. HAWBAKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 4224 Civil Term JOSEE L. HAWBAKER, Defendant ACTION IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 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, and expenses ifI 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, or 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. IfI 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 the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: Josee L. Hawbaker, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make a claim for economic relief, you need not file the counter-affidavit. C) C .-' c::::> c:? c...'" o C? __,1 I U1 '- ::.-:\ .-:, --0 ~- ~. C) -n .-1 L-n ~.~'\t~ C-:)t, i.--:;" \.:~~; ::.:-{11 '::":~\ "iJ '-<- - .;;- U1 DENNIS E. HAWBAKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 4224 Civil Term JOSEE L. HAWBAKER, Defendant ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this October 5, 2005, I, Jane Adams, Esquire, hereby certify that on September 15,2005, a certified true copy of the NOTICE OF INTENT and COUNTER- AFFIDAVIT were served, via certified mail, return receipt requested, addressed to: Josee Hawbaker #4 1125 Harrisburg Pike Carlisle, Pa. 17013 DEFENDANT SE f'J[)~P (( I' IPU TE THIS 'if ~ TI(". . Complete Items 1, 2, and 3. Also complete Item 4 n 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 mail piece, or on the front if space permits. 1. Article Addressed to: A. Signature x DAgen! AddreSsee . Received by (Printed N$ne) . ~ of Delivery c.- D. Is delivery eddress dlff"""" frQm .1l!i1lrtr '0 Yes If YES. enter delivery address ~:_. 0 No ~ ~cu..u~ \\'.l.5 ~~P;k-.....~ ~ \ \>fT 1'lo\3 3. Service Type g Certified Mall 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extta Fee) 0 Yes 2. ArtIcle Number (Trsnsfer from service I8beJ) PS Form 3811, February 2004 7004 1350 0003 7143 69B3 Domestic Return Receipt Respecttully Submitted: 102596-02-M.1~ Adams, Esquire . No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF (;.' p .;::- .c:- "" ~ c::;:; 'C.."^l o -II :71 hlf;'-!. -"iT; ,"(Jl~J :.:'i(:) -:-"'i ~7;2f5 C5fT1 !E -< CJ \';"') ! 01 ='2 -.'", DENNIS E. HAWBAKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 4224 Civil Term JOSEE L. HAWBAKER, Defendant ACTION IN DIVORCE 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: irretrievable breakdown under &330I(d) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered bv certified mail. restricted- deliverv. Delivered on: August 20. 2005. 3. Date of execution of the affidavit required by ~3301(d) of the Divorce Code: By Plaintiff: August 16, 2005. Date of filing and service ofthe plaintiff's affidavit of separation required by ~3301(d) ofthe Divorce Code on respondent: Filed: August 18, 2005. Served on Defendant: August 20, 2005. Affidavit of Service filed: September 12,2005. 4. Related claims pending: No claims raised. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which was filed of record with the Prothonotary: Served via certified mail. return receiDt requested. on SeDtember 15,2005. Date: (01/1 (6S- Respectfully Submitted: , ane Adams, Esquire I.D. No. 79465 64 S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff (") (~ ,...., ~ <'"..:::" Co:' o c-) --l -0 ::r,: o --n --\ :T:.." rnp _"IT; -::]0 -;'22.-) -r~-'! :':::2(:~ t5r-n --1 55 .-<: I;? N ....l ~~~~~~~~~~~~~~~~~~~~~~~~~~+.+~++~+~~++.+.+++.+~+++.++++++++++++++++++++++~ + + + + + + + :+ + :+ :+ :+ + + :+ + + + + :+ + :+ + + + + + + + + :+ :+ :+ :+ :+ :+ + :+ + :+ + :+ :+ :+ + :+ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF CIVIL TERM PENNA. DENNIS E. HAWBAKER, 05-4224 PLAINTIFF No. JOSEEL. VERSUS HAWBAKER, DEFENDANT DECREE IN DIVORCE AND NOW, </9h-) ~ ( . . jt--V\ ',l{;Q Y~T IS ORDERED AND DENNIS E. HAWBAKER DECREED THAT ' PLAI NTI FF, JOSEE L. HAWBAKER AND ' 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; NONE .7/ //// /,,? / / ByTHECOURT:. /. ....-. '. / / / ~.I\:../l'~J ' ' ATTE~~~ ~OTHONOTARY J. .;:# tr ~~ 0'V;tlJ P ~ /f/tvl ~J . f'{J .. ~~ "l.. ~ "'\ ....,.. 50Yt' . IJ I so ~--c:. J/ /-------