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HomeMy WebLinkAbout05-5077 Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRENT M. TOTH, vs. No. 055077 Civil Term ELIZABETH L. TOTH, 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, LA WYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT 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 .. II f Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRENT M. TOTH, vs. No. :)6~ SO'}7 Civil Term ELIZABETH L. TOTH, Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Brent M. Toth, a competent adult individual, who has resided at 497 Highland Court, Carlisle, Cumberland County, Pennsylvania, 17013, since 1999. 2. Defendant is Elizabeth L. Toth, a competent adult individual, who resides at 753 South 21 sl St., Harrisburg, Dauphin County, Pennsylvania, 17104. 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 on June 21, 2003 in Blair 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 no children together. 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. . " .tI- " f 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. 94904 relating to unsworn falsification to authorities. mtJ;( Brent M. Toth, Plaintiff Respectfully submitted, Date: rIZ7~~- Adams, Esquire I. . No. 79465 4 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~~ \ ~ - ~, ~ ~ --- ~ --. '-.. ~. ~ ~ ~ ' \ ~ ~ ' ~~ ~ '\,\~ '" "\ . ........ (") ;:; :?:5 0 c:;:::> -0 C..t'"J --4 (.') I \l p, n'F ~ :-?, 23 CO (:) ,1., ~::-~-j ~-'-;~ I ;:?~~ ~~) I n .C.j :;5 -< ~, -.,1' -.,,," N .. ~ -- Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0 ~ - '":;077 Civil Term BRENT M. TOTH, vs. ELIZABETH L. TOTH, Defendant ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this October 5, 2005, I, Jane Adams, Esquire, hereby certify that on September 30, 2005, a certified true copy of the NOTICE TO DEFEND AND COMPLAINT was served, via certified mail, restricted delivery, return receipt requested, addressed to: Elizabeth L. Toth 753 South 21st St. Hanisburg,Pa.17104 DEFENDANT . Complete items 1, 2, and 3. Also complete item 4 if 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 mall piece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Item 1? If YES. enter delivery address below: ~l-.T~ "''5"3 ~.::l.~ ~ ~~?I4I""It>A\.. 3. ServIce Type }1!( Certlfled Moil lJ Express Moil o Registered 0 Return Receipt for Merchandise lJ Insured Moll lJ C.O.D. 4. Restricted Delively? (Extr8 Fee) Ves 2. Article Number (Transfer from servfce label) PS Form 3811 , February 2004 7003 1010 0004 7818 7036 DomestIc Return Receipt 102595-02-M-1540 Respectfully Submitted: ) J e Adams, Esquire I.D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF C) ~; f'o' = = on o n -l I 0-; -0 :u; (~ o (.n Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRENT M. TOTH, vs. No. 05 - 5077 Civil Term ELIZABETH L. TOTH, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 330\(c) of the Divorce Code was filed on September 28,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of htention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of \8 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date.. (-', : -. r'\" ., ( \' . '\ , "',. \..,' \,'\.. \ ifJd ~. .\./ 9. /:\,-h. L. T oth, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~330Hc) AND &330Hd) OF THE DIVORCE CODE I. I consent to entry of a fmal 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. \ 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. '1- le)(,,' , .., - !) I, ) Date: L, 1/ L'i/ l c ~., '::--::.. r' (;'::.:> '~,.J C.'--' -n ,- -~ :::-~ ~,;- .- - ~, - ( '1_-' t_0 CJ , ....;,. Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRENT M. TOTH, vs. No. 05 - 5077 Civil Term ELIZABETH L. TOTH, Defendant : ACTION 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 &330I(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Via certified mail, restricted- delivery, delivered on: September 30, 2005. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: January 11, 2006. By Defendant: January 8, 2006. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: January 11,2006. Date Plaintiff's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: January 12,2006. Date: \ - f ( - 0 ~ /~Z- /of.. Adams, Esquire \ I.D No. 79465 " S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff _c~- f\.. "i-, c ~_._ l ;~",: r,~> BRENT M. TOTH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 5077 Civil Term ELIZABETH 1. TOTH, Defendant ACTION IN DIVORCE AFFIDA VII OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on September 28,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the enlly of a final decree of divorce after service of notice of intention to request enlly of the decree. [ verifY that the statements made in this affidavit are true and correct. [also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 1-]1-0(, ~rmR Brent M. Toth, Plaintiff WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 63301(0) AND 63301(d) OF THE DIVORCE CODE I. I consent to enlly 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. ~4904 relating to unsworn falsification to authorities. Date: [- I ( - 6fo ~d mL'LtL Brent M. Toth, Plaintiff <-.. .-' -..,-' r;, r--.,) f'C. ..------- ~. , . . . . . , . . . . . . . . . . . , . , . . . . . . . . . . . . . . . . . , . . t . . . . , . . . . . . . , , . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . , . . . '. . :t;:+;;f.'f-:;f. :f;:t::+::f. . . . B' :+:fOf:+ :+;:1;+:+::1'+++++++:++':+'++ . . . . . , . , . . , . ~ . . . n, IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Brent M. Toth, Plaintiff No. No. 05 - 5077 Civil Term VERSUS Elizabeth L. Toth, Defendant DECREE IN DIVORCE AND NOW, 12.1>,->=,\ "2 ~ Brent M. Toth , PLAINTIFF, , 2.0"",", IT IS ORDERED AND DECREED THAT Elizabeth L. Toth , DEFENDANT, AND 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. By THE COURT: LV PROTHONOTARY +.+'f++++'f'f Of + :+::t'+: ++++:'I:+++++++++++' +'+'+ ++'+'+ +'f +++++ . . . . . . . , . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . J. . . . . . . . . . . 'B ,,( #l/ "'II-, , ~ i! fil' ~~ ,.cr' -{I"I 4 .' # 4tf;p, ~ ,-?,p J/ ~ ~ 9(l,(el ..,J' ~{ ,f ...,~ .... ~ .. ~ .