Loading...
HomeMy WebLinkAbout02-1262RUTH ANN R. FREDERICK, Plaintiff BOBBY E. FREDERICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002- /,2/,,3,.~ CIVIL TERM : : CIVIL ACTION - LAW 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the 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 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, Pennsylvania 17013 (717) 249-3166 RUTH ANN R. FREDERICK, Plaintiff BOBBY E. FREDERICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- I.~6,~ CIVIL TERM CIVIL ACTION - LAW IN CUSTODY COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Ruth Ann Frederick, through her attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Ruth Ann Frederick, is an adult individual who currently resides at 35 West Main Street, Plainfield, Cumberland County, Pennsylvania 17081. 2. The Defendant, Bobby E. Frederick, is an adult individual who currently resides at 6 Sir William Drive, Newville, Cumberland County, Pennsylvania 17241. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on March 29, 1996 in Clymer, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Ruth Ann R. Frederick, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. Date: Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX VERIFICATION 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. § 4904, relating to unsworn falsification to authorities. RIJTltI ANN R.-FREDERICK, Plaintiff RUTH ANN R. FREDERICK, Plaintiff BOBBY E. FREDERICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1262 CIVIL TERM : : CIVIL ACTION - [,AW : IN DIVORCE ACCEPTANCE OF SERVICE I, Marcus A. McKnight, Esquire, counsel for Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce on behalf of Bobby E. Frederick, in full satisfaction of the Pennsylvania Rules of Civil Procedure. DATE: ~¢n e:~.,,q~'' ~:~>o7x Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, Pennsylvania 17013 RUTH ANN R. FREDERICK, Plaintiff BOBBY E. FREDERICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1262 CIVIL TERM : : CIVIL ACTION _ LAW AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was flied on March 14, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from thc date of filing and service of thc Complaint. 3. I consent to thc 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. § 4 o un worn i Bobby~..~~ 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 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 divorced until a Divorce Decree is entered by the Court and 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. § 4909 relating to unsworn falsification to authorities. Bobby E. ~fen-h~t RUTH ANN R. FREDERICK, Plaintiff BOBBy E. FREDERICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1262 : CIVIL TERM : CIVIL ACTION _ LAW : IN CUSTGDyo/~/~ ~.- AFFIDAVIT OF CONSENT I. A complaint in divorce under §3301(c) of the Divorce Code was filed on March 14, 2002. 2. The marriage of the 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. § 4909 relating to unsworn falsification to authorities. · ederick, Plaintiff 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 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 divorced until a Divorce Decree is entered by the Court and a copy of the Decree will be sent to me immediately after it is flied 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. § 4909 relating to unsworn falsification to authorities. R ' RUTH ANN R. FREDERICK, Plaintiff BOBBY E. FREDERICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1262 CIVIL TERM : : CIVIL ACTION - LAW : 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 § 3301 (c) b-)0ae(~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint. Service was made on March 25, 2002 by certified mail, restricted delivery to Defendant, Bobby E. Frederick. 3. (Complete either paragraph (a), or (b).) (a) Date of execution of the Affidavit o£ Consent required by § 3301(c) of the Divorce Code: by the Plaintiff: September 26, 2002; by the Defendant: September 24, 2002. Code: (b) (1) Date of execution of the Plaintiff's Affidavit required by § 3301(d) of the Divorce (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: None Date: September 26, 2002 5. (Complete either (a) or (b); (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and a copy of which is attached: (b) Date of execution of the Waiver of Notice of Intention to File Divorce Decree as required by § 3301(c) of the Divorce Code: by the Plaintiff: September 26, 2002; by the Defendant: September 24, 2002. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE Of ~ PENNA. RUTH ANN r. FREDERICK, Plaintiff VERSUS bObbY E. fREDERICK, Defendant NO. 2002-1262 AND NOW, DECREED THAT AND DECREE IN DIVORCE RUTH ANN R. FREDERICK BOBBY E. FREDERICK ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,,1- ~, ,T ,~ O~DE.ED AND __, PLAINTIFF, , DEFENDANT, 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. ATTEST: