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Home My WebLink About02-2297STEPHANIE M. FOUTS, Plaintiff V. DONALD P. FOUTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 - ~.?'7 CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR (D) OF THE DIVORCE CODE Plaintiff, Stephanie M. Fouts, by her attorney, Lindsay D. Baird, Esquire, sets forth the following: 1 Plaintiff, Stephanie M. Fouts, is an adult individual residing at 466 Mountain Road, Carlisle, Cumberland County, Pennsylvania 17013. 2 Defendant, Donald P. Fouts, is an adult individual residing at 692 Atlantic Avenue, Apt. 4, Red Lion, York County, Pennsylvania 17365. 3 The parties were married on May 5, 2000 in Cumberland County, Pennsylvania. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 This action is not collusive. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 7 In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken. 8 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. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. Lindsa~. Bair~, Esquire Attorney for the Plaintiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 I verify that to the best of my knowledge and belief, the statements made in the foregoing document are true and correct. I understand that false statements herein are umoit~es--ama'ders'u'bject to the penalties of lB Pa.C.S.§4904 relating to unswo~tion to Fouts, Pla~l~ 99 Lg-6t,~ (Z!,Z) :3NOhd3-1:~l g 1.0Z I, ¥1NYA1ASNN::Id '3'151-R:1¥O =IFIN:IA¥ A/~J~]811 ~ NOIIVlOOSSV ~1¥8 ,~±NnOO 'dl3H 1¥~31 130 NVO 3Ol.-mdo 3HI 3NOHd313~ ~00l OO '3NO O~OJJV/ONNVO ~0 ~3AM~fl ¥ 3AVH .LON O0 flOA al '3ONO IV ~3AMV1 '~3H/dO ANY ~lVlO O//HOI~ gill gSO1 AV~ noA 'Qg/NV'dO SI IN~lflNNV ~0 3O~OAIQ V 3~Odg8 'SgSN3dXg ~0 Sggd S,~3AM~rl ')~L~gdO~d JO NOISIAIQ 'ANO~IlV ~Od ~lVqO V 3lld/ON OO ~OA al 'e!UeAI/~SUUad 'alS!lJeO 'asnoqpnoo ~]unoo puelJaquJnO aq~ ~ aOlJJO S/~Ja]OUOLl:lOJd alii u! elqel!aAe s! sJOjasunoo a§eUJeLU JO ]S!l V '§U!lesunoo a§elJJeLU ]sanbaJ /~eLU no/~ 'a§e!JJaUJ aLIi Jo u/~op)feaJq alqeAa!j$ajj! 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FOUTS, : NO. 2002-2297 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 9, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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: Donald P. Fo~-~s,~efendan STEPHANIE M. FOUTS, Plaintiff DONALD P. FOUTS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2002-2297 CIVIL TERM : IN DIVORCE 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 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:. STEPHANIE M. FOUTS, Plaintiff DONALD P. FOUTS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2002-2297 CIVIL TERM : : : IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on May 9, 2002. 2. Defendant acknowledged receipt and accepted service of the Complaint on May 10, 2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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: ~h'~t~i~ M. Fouts, 7htiff STEPHANIE M. FOUTS, Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA v. · No. 2002-2297 DONALD P. FOUTS, · Defendant ' IN DIVORCE CIVIL TERM AFFIDAVIT OF SERVICE I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead and a Notice of Availability of Marriage Counseling was served on the Defendant, Donald P. Fours, by Cedified Mail - Return Receipt Requested, restricted delivery, a copy of said return receipt evidencing delivery being attached hereto. Said service on May 10, 2002. Sworn and Subscribed to before me this 2.~ day of ~-~%u./--~, 2002. J,,~dsay D.(Bair~, F_.~'quire .. JAttorney foi'-P~intiff ~ 37 South Hanover Street Carlisle, PA 17013 717 - 243-5732 Notary Public I Notmiai Seal _.. Nlvert J. Baird, Notexy ~umic My ,C.~11ml~lon ~-xplms wov. Member, P~nnsytva~a Assoc~atl0fl · Complete items 1, 2, ~nd'3. Also compile Item 4 · Restricted De~ Is deeirecl. · Print your name and address on ~he reverie so that we can return tile card to yo~'.~ · Attach this ~ to the 13~ck,~ the or on the front ff space permas. Ps Form 3811, March 2001 STEPHANIE M. FOUTS, Plaintiff DONALD P. FOUTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 -2297 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORI3 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified U.S. mail, Return Receipt, Restricted Delivery, May 10, 2002. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: August 28, 2002; by Defendant: August16, 2002. 4. Related claims pending: None 5. Date 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 the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ STEPHANIE M. FOUTS, Plaintiff VERSUS DONAIf) P. FOUTS: PENNA. NO. 2002-2297 Decree IN DIVORCE AND NOW, DECREED THAT STEPHANIE M, FOOTS , 'Z~:~' , IT IS ORDERED AND , PLAINTIFF, AND DON~T.I"~ p. ~ , 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; N0~ BY THE/~URT: ?/ ~TT~fi/-~ J' DNOTARY