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HomeMy WebLinkAbout01-5369IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Jimmie B. Naugle 114 S. Frederick St. Mechanicsburg/PA/17055 SS# 175-58-5093 Plaintiff vs. Joan M. Naugle 124 W. Portland St. Suite 39 Mechanicsburg/PA/17055 SS# 191-50-2211 Defendant NOTICE TO DEFEND AND CLJ~IM 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 Plaintiff. You may lose money, property or other rights important to you, including the right to demand marriage counseling. IF YOU DO NOT FILE A CLAIM FOR A~LIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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: Cumberland County Bar Association Lawyer Referral Service 100 South St. Harrisburg, PA 170108 (717) 238- 6715 'COUNSELING NOTICE UNDER Pa.R.C.P. RULE 1920.45(a)*(1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301(a)(6) Indignities Section 3301 (c) Irretrievable Breakdown Mutual Consent Section 3301(d) Irretrievable Breakdown Two-Year Separation where the court determines that there is a reasonable prospect of reconciliation. A list of qualified professionals is available for inspection in the: FAMILY DIVISION Administrative Court 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Jimmie B. Naugle : SS~ 175-58-5093 : Plaintiff : vs. : Joan M. Naugle : : SS# 191-50-2211 : Defendant : DIVORCE COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is Jimmie B. Naugle, who currently resides at 114 S. Frederick St., Mechanicsburg, Pennsylvania 17055, at least since 08/01/00. 2. Defendant is Joan M. Naugle, who currently resides at 124 W. Portland St. Suite 39, Mechanicsburg, Pennsylvania 17055, at least since 08/01/01. 3. Jimmie B. Naugle has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on 09/27/91, at Mechanicsburg, PA, County of Cumberland. 5. Neither plaintiff nor defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 7. The plaintiff is aware of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. An original copy of the marriage certificate is attached. 10. After ninety (90) days have elapsed from the date of filing of this Complaint, plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that defendant will also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to ~3301 (c) of the Divorce Code. zP'laintiff (Pr% ~e)~ Date: 09/14/01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Jimmie B. Naugle : SS# 175-58-5093 : Plaintiff : : : VS. : : : Joan M. Naugle : : SS# 191-50-2211 : Defendant : NO. VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA. C.S., Subsection 4094, relating to unsworn falsification to authorities. zl~laint i f f j DATE: 09/14/01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Jimmie B. Naugle SS# 175-58-5093 Plaintiff vs. Joan M. Naugle SS# 191-50-2211 Defendant DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Personally appeared before me the undersigned, a Notary Public in and for said County and State, Jimmie B. Naugle, for the Plaintiff and duly authorized to execute this Affidavit, and states that the Affiant knows of his own knowledge that the Defendant Joan M. Naugle herein is not in the military service as defined in the Solders' and Sailors' Relief Act of 1940 and its Amendments thereto, for the following reasons: she lives in Mechanicsburg, and works full time at EDS. Affiant further says that the obligation sought to be enforced in this suit is not an obligation against a surety guarantor, endorser, or other person liable, primarily or secondarily, for a party in the military service. ~Signature of Plain~if~ ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND .COUNTY, PENNSYLVANIA FAMILY DIVISION Ji~ie B. Naugle SS% 175-58-5093 Plaintiff vs. Joan M. Naugle SS# 191-50-2211 Defendant : No. : : DIVORCE : : : 2001-05369 AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 09/14/01. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 4. 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein made are subject to-the penalties of 18 PA C.S. Sec 4904 relating to unsworn falsification to authorities. Dated: /~"/~--O [ SWORN TO AND SUBSCRIBED BEFORE ME THIS/_~ DAY IN THE COURT OF COMMON PLEAs OF CUMBERLAND COUNTy, PENNSYLVANIA FAMILY DIVISION Jimmie B. Naugle SS# 175-58-5093 Plaintiff vs. Joan M. Naugle SS# 191-50-2211 D~fendant DIVORCE No. 2001-05369 AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 09/14/01. 2. The marriage of Plaintiff and Defendant is i rretrlevably broken and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 4. 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. I verify that the statements made in this Affidavit are true and Correct. I understand that false statements herein made are subject to the penalties of 18 PA C.S. Sec 4904 relating to unsworn falsification to authorities. SWO~' TO -~D NOTARIAL S~L ROBER~ J. GOLD, Notary Public a~pdm ~}. C~mbeda~d Coun~ IN THE COURT OF COMMON PLEAs OF CUMBERLAND COUNTY, PE.N_N._s YLV N A Jiramie B. Naugle SS# 175-58-5093 Plaintiff vs. Joan M. Naugle SS# 191-50-2211 Defendant No.2001-05369 --~- DIVORCE NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT THE RECORD TO: Joan M. Naugle(Opposing Party) Pursuant to Local Rules advised that I nl~ = of Cumberland Co,?~. _~ Protho _ ~ To file w' ~ ~3 pIease be ~ notary ~ Praecipe to ~ ...... lth th= Ozzlce of th uocuments on i_//_~. ~ the Record with attende~ Exact copies of the Praecipe and the proposed Final Decree a~e enclosed herewith. After the Praecipe and proposed Final Decree are filed, you will have a period of ten (10) days during which you may file objections to the entry of the Final Decree based Upon this Praecipe. If you dispute any of the information on the Praecipe or the Final Decree, you must act within that ten- day period. Any objections must be filed in writing with the Office of the Prothonotary. If no objections are filed before the expiration of the ten-day period, this Case will be submitted to the Court for entry of the Final Decree. I%- 1-Ol Date of Mailing ~ Z.::zT., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Jimmie B. Naugle SS# 175-58-5093 Plaintiff vs. Joan M. Naugle SS# 191-50-2211 Defendant DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE Personally appeared before me the undersigned, a Notary Public in and for said County and State, Jimmie B. Naugle, for the Plaintiff and duly authorized to execute this Affidavit, and states that the Affiant knows of his own knowledge that the Defendant Joan M. Naugle herein is not in the military service as defined in the Solders' and Sailors' Relief Act of 1940 and its Amendments thereto, for the following reasons: she lives in Mechanicsburg, and works full time at EDS. Affiant further says that the obligation sought to be enforced in this suit is not an obligation against a surety guarantor, endorser, or other person liable, primarily or secondarily, for a party in the military service. ~S[gnat~ of Plaintif~ ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Jimmie B. Naugle SS# 175-58-5093 Plaintiff vs. Joan M. Naugle SS# 191-50-2211 Defendant No. 2001-05369 AFFIDAVIT OF NOTICE Jimmie B. Naugle, Plaintiff, being duly sworn according to law, deposes and says that Jimmie B. Naugle is the Plaintiff in the above captioned matter, that the Plaintiff has sent copies of the Complaint, properly endorsed, in Divorce to Joan M. Naugle of Mechanicsburg, Pennsylvania 17055 (by registered m-ail, postage prepaid, return receipt requested to 114 S. Frederick St., Mechanicsburg, Pennsylvania 17055, the Defendant's last known address. SWORN and SUBSCRIBED to before me this~F~-day IN THE COURT OF COMMON FLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA FAMILY DIVISION Jimmie B. Naugle SS# 175-58-5093 Plaintiff vs. Joan M. Naugle SS# 191-50-2211 Defendant No. 2001-05369 AFFIDAVIT AS TO SIGNATURE Jimmie B. Naugle, being duly sworn according to law, deposes and says that he is the Plaintiff in the above- captioned divorce; that he is familiar with the signature of the Defendant; and that the signature on the return receipt attached hereto as Exhibit "A" is the signature of the Defendant. IN WITNESS THEREOF, I have hereunto set my hand and seal. Dated:~o / OTARY PUBLIC / // -..< · 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 mailpiece, or on the front if space permits. 1. Article Addressed to: I'-I Agent [] Addressee 17 []Yes [] No [] Registered [] Return Receipt for M~mhandise [] insured Meil [] C.O.D. '~' 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number 7001 (Transfer from sen PS Form 3811, March 2001 1140 0004 7301 7071 Domestic Return Receipt ' Sender: Please print ybU,~ .nafole,.address, ' ~ ~ a n~jJS+41 ip.i-this ~OX,i..., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Jimmie B. Naugle SS$ 175-58-5093 Plaintiff vs. Joan M. Naugle SS% 191-50-2211 Defendant No. 2001-05369 DIVORCE WAIVER OF NOTICE OF INTENTION 1. I consent to the entry of a Final Decree of Divorce. 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 made are subject to the penalties of 18 PA C.S. Sec 4904 relating to unsworn falsification to authorities. /-/7 ~ l~a~ntiff ~. /~ Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Jimmie B. Naugle SS# 175-58-5093 Plaintiff VS. Joan M. Naugle SS# 191-50-2211 Defendant DIVORCE No. 2001-05369 CERTIFICATE OF SERVICE OF DIVORCE . ~'nnt your name and ~ On the ~o that we can retu,~ ,~ .... reverae ~ach thl.a card to the back of the mall or on the tront If apace perm/ts, piece, 1. Article Ad~;,,~,ed to: 2. Article Number below: [] No [] Return Receipt for Merchandise ,C.O.D. 4. Restricted Dellvery~,(Extra Fee) [] Yes ~SForm38' 7001 2510 ~ ~ ~omestic Return Receipt 102595-01 -M-2509 Jimmie B. Naugle SS # 175-58-5093 Plaintiff VS. Joan M. Naugle SS # 191-50-2211 Defendant IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 2001-05369 CIVIL TERM PRAEClPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under §3301(c) 3301(d)(1) of the Divorce Code. (Strike out inapplicable section). Date and manner of service of the complaint: Mutual Consent December 19, 2001 - Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff. 12/19/2001 ; by defendant 12/19/2001 (b) (1) Date of execution of the 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 (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: 4~_~n~ - r~rfifim~l rnnil (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Attorney for P~ain~lff'/Def~'ant INTHE COURT Of COMMON PLEAS' OF CUMBERLAND COUNTY STATE OF ~ PENNA. JimmJe B. Naugle N O. 2~301-0~369 175-58-5093 VERSUS Joan M. Naugle 191-50-2211 DECREE IN DIVORCE AND NOW, DECREED THAT AND Jimmie B. Naugle Joan M. Naugle , IT IS ORDERED AND , PLAINTIFF, , 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; N/a PROTHONOTARY