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HomeMy WebLinkAbout02-1782CATHLEEN S. ERSKINE, Plaintiff VS. ROBERT DUANE ERSKINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 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 Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 LAWYER REFERRAL SERVICE 2 Liberly Street Carlisle, PA 17013 (717) 249-3166 CATHLEEN S. ERSKINE, Plaintiff VS. ROBERT DUANE ERSKINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-LAW NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT You have been named as a Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with §3302 (c) or (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Cumberland County Court House, Cumberland County, Pennsylvania. You're advised that this list is kept as a convenience to you and you're not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must take your request for counseling within (20) days twenty of the date on which you receive this notice. Failure to do so with constitute a waiver of your right to request counseling. CATHLEEN $. ERSKINE, Plaintiff VS. ROBERT DUANE ERSKINE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERI.AND COUNTY, PA : : : : : : CIVIL ACTION-LAW COMPLAINT 1. Plainfiffis Cathleen S. Erskine, who currently resides at 17B Garrison Lane, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Robert Duane Erskine, is an adult individual, who currently resides at 11075 Mae Avenue, Warren, MI, 48089. 3. The Plaintiff has been a bona fide resident(s) in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 31, 1998, in Sterling Heights, Macomb, MI. the parties. 6. 7. There have been no prior actions of divorce or for annulment between The Plaintiff in this action is not a member of the Armed forces. Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the court req, ire the parties to participate in counseling prior to the divorce decree being handed down by the court. 9. The marriage is irretrievably broken. 10. The Plaintiff wishes to resume her maiden name, Cathleen S. Murdock. WHEREFORE: The Plaintiff requests the Court to enter a decree of Divorce. Date: //k J/3 ,2002 Respectfully submitted, Aborn & KutulMds, L.L.P. J~on P. K~ulakis, Esqui(e Attorney I.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ~4ttorne. y for Plaintiff CATHLEEN S. ERSKINE, Plaintiff VS. ROBERT DUANE ERSKINE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERI,AND COUNTY, PA : : : NO: : : : CIVIL, ACTION-LAW VERIFICATION I verify that the statements made in the foregoing complaint and divorce are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. 34904, relating to unsworn falsifications to authorities. Date CATHLEEN S. ERSKINE, Plaintiff VS. ROBERT DUANE ERSKINE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERI,AND COUNTY, PA : : : NO: : : : CIVIL ACTION-LAW CERTIFICATE OF SERVICR I, Jason P. Kumlakis, Esquire, hereby certify that on this ./(0 ~--"day of /4tP~/&. , 2002, a tree and correct copy of the within DIVORCE COMPLAINT was served upon Defendant by Certified United States Mail, First Class, postage pre- paid, addressed as follows: Robert Duane Erskine 11075 Mae Avenue Warren, MI 48089 CATHLEEN S. ERSKINE, Plaintiff VS. ROBERT DUANE ERSKINE, Defendant INTHE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA · NO: 02-1782 · CIVIL ACTION-LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 330'1(C) OF THE DIVORCE CODE 1. I consent to the entry 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: ROBERT DUANE ERSKINE CATHLEEN S. ERSKINE, Plaintiff VS. ROBERT DUANE ERSKINE, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PA NO: 02-1782 CIVIL ACTION-LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 330'1(C) OF THE DIVORCE CODE 1. I consent to the entry 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. CATHLEEN S. I~RSKINE z CATHLEEN S. ERSKINE, Plaintiff VS. ROBERT DUANE ERSKINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 02-1782 : CIVIL ACTION-LAW AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on April 10, 2002. 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. §4904 relating to unsworn falsification to authorities. Date: -~r_//~)~ C/~~ ~.~.~,~L~ CATHLEEN $4. ERSKINE CATHLEEN S. ERSKINE, Plaintiff VS. ROBERT DUANE ERSKINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 02-1782 : CIVIL ACTION-LAW AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on April 10, 2002. 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; §4904 relating to unsworn falsification to authorities. Date: ROBERT DUANE ERSKINE CATHLEEN S. ERSKINE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA VS. ROBERT DUANE ERSKINE, Defendant · NO: 02-1782 · CIVIL ACTION-LAW PRAEClPE TO TRANSMIT THE 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)) (3301(d)(1)) of the Date: July 26, 2002 Divorce Code Date and manner of service of the complaint: Receipt Requested 4/13/02 . Complete either paragraph (a) or (b): (a) Certified US Mail, Return Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff 7/18/02 , by defendant 7/24/02 Related claims pending: NONE Complete either paragraph (a) or (b): (b) Date plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 7/26/02 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 7/26/02 Respectfully submitted, ,.~KUTULAKIS, L.L.P. Jason/{=. Kut~lakis, Esquire Attorr~y I.D. No: 80;411 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff IN The COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~laintiff VERSUS w~rt D_ ~r~kine Defendant PENNA. NO. 02-1782 civil Term DECree IN DIVORCE AND NOW,~ DECREED THAT Cathleen Erskine , it IS ORDERED AND , PLAINTIFF, AND Robert D, Erskin~ , 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;