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HomeMy WebLinkAbout02-1921-ORIGINAL: PAUL J. BEAR APRIL D. BEAR Plaintiff : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - 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 ca se 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 importan t to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you ma y request marriage counseling. A list of marriage counselors is available in the Office Of Prothonotary D auphin County Courthouse, Harrisburg, PA. 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 M AY 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. CUMBERL4ND COUNTY BAR ASSOCIATION 2 LIBERTYAVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 ORIGINAL PAUL J. BEAR APRIL D. BEAR Plaintiff : : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Paul J. Bear, by Bryan S. Walk Esq., and represents as follows: COUNT I DIVORCE UNDER SECTION 3301(c)OF THE DIVORCE CODE 1. Plaintiff is Paul J. Bear, who currently resides at Cumberland County Prison, Cumberland County, Pennsylvania, and has resided there for approximately 10 months. 2. Defendant is April D. Bear, who currently resides at Rt #2, Box 350 B, Marlow, Oklahoma, and has resided there for approximately 3 months. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. ORIGINAL 4. The Plaintiff and Defendant were married on January 2, 1989, in Sturgis, South Dakota 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised that counseling is available and that Plaintiffmay have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce pursuant to Section 3301(c) of the Divorce Code dissolving the marriage between the Plaintiff and the Defendant. I.D.# 63881 108 - 112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 ATTORNEY FOR PLAINTIFF ORIGINAL PAULJ. BEAR APRIL D. BEAR Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I hereby certify that on the DaYof ., 2002, A copy of the Divorce Complaint was served by certified mail, restricted delivery, return receipt requested, addressee copy of Plaintiff's Complaint In Divorce upon the person named below, in accordance with the applicable Rules of Procedure, addressed as follows: April D. Bear Rt #2, Box 350 B Marlow, OK 73055 112 Walnut Street Harrisburg, PA 17101 (717) 238-5113 Counsel for Plaintiff PAULJ. BEAR APRIL D. BEAR Plaintiff : .. .- .. .. Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 02-1921 Civil Term CIVIL ACTION - DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(C)ofthe Divorce Code was filed on April 19, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and (90) ninety 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (ctOF 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 ifi do not claim them befbre 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. Section 4904 relating to unsworn falsification to authorities. Date: /o// PAUL&BEAR APRIL D. BEAR Plaintiff : ; ; Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 02-1921 Civil Term CIVIL ACTION - DIVORCE DEFENDANT'S AFFIDA FIT OF CONSENT 1. A Complaint in Divorce under Section 3301(C)ofthe Divorce Code was filed on April 19, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and (90) ninety 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (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 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 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. Section 4904 relating to unsworn falsification to authorities. PAUL J. BEAR Ve APRIL D. BEAR Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 02-1921 Civil Term CIVIL ACTION - DIVORCE PROOF OF SERVICE · 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: [] Agent .,~Addmssee [] Yes below: [] No April D. Bear Rt#2, Box 350 B Marlow, OK 73055 APR 3 0 2002 2. Articie Number (Copy from service label) 7099 9400 0014 7.581 PS Form 3811, July 1999 [] Registered [] Insured Mail [] C.O.D. [] Return Receipt for Merchandise 4. Restricted Delivery? (Extra Fee) 1238 Domestic Return Receipt Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees [Recip~t~ Name ~Ple~ase Prirl~Clearfy) (to be completed by mai/er) I I .... ~J.-.....~.._~:~5 ...... lk,D_~_,~.__ City, State, ZIP+4 PA UL BEAR : Plaint~ : VS. : APRIL D. BEAR : Defendant : IN THE COURT OF COMMON PLEAS CUMBEI~ LAND COUNTY, PENNSYLVANIA DOCKET NUMBER: o2-19~'1 Civil CIVIL ACTION- DIVORCE Proof of Servlce L Bryan S. Walk, Esquire, who being duly sworn according to the law, hereby certify, that a copy of the Complaint in Divorce in the above-referenced divorce action was serviced on the Defendant on Apri130, 2002, by certified mail, certified numberTo99 3400 oo14 75B11238, return receipt requested, addressee only, as evidence by the return receipt card attached hereto and made part thereof B~]~ S. Walk, Esqui I, Bryan S. Walk, Esquire, the undersigned, hereby verify and confirm that I have reviewed the foregoing document and statements contained herein are true and correct to the best of my knowledge and belief I understand that false statements herein are subject to the penalties of 18 Pa. C.S~4. Section 4904 relating to unsworn falsification to authorities. D'ate /~Br~. lYalk, Esquire / PA UL BEAR : Plaint~ff : VS. : APRIL D. BEAR : Defendant : To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NUMBER: 0~'-19~'1 Civil Term CML ACTION- DIVORCE PR EA CIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry ora divorce decree: 1. Ground for divorce: irretrievable breakdown under 33Ol (c) of the Divorce Code. 2. Date and manner of service of the complaint: April 30, 2002 by certified mail, restrict delivery 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by 33Ol (c) of the Divorce Code: by the Plaintiff October 1, 2002 by the Defendant October 17, 2002. 4. Related claims pending: All claims settled bp aqree~i~ent 5. (Complete either (a) or Ih).] (a) Date and manner of service of the notice of intention to file praecipe of copy of which is attached: n/a (b ) Date Plaintiffs Waiver of Notice was ~led with the Prothonotary:filed contemporaneously herewith. (c) (c) Date Defendant's Waiver of Notice was fled with the Prothonotary:filed eonte,~poraneously herewith. Respec!fully Submitted, ffr~S. 'Walk, Esquire Attorney for the Defendant Attorney ID 63881 112 Walnut Street Harrisburg, PA 171o1 (717) 238-5113 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF Paul J. Bear Plaintiff VERSUS April D. Bear Defendnant PENNA. 02-1 921 Civil Term AND NOW, DECREED THAT Paul J. B~ar DeCrEE IN DIVORCE 2002 , it IS ORDERED AND , PLAINTIFF, , DEFENDANT, AND April D. Bear 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; NQNE BY THE COURT: / /~ / '~ - - ~ PROTHONOTARY