HomeMy WebLinkAbout02-2488DOUGLAS E. SWARTZ,
KATHY J. SWARTZ,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. CIVIL TERM
: IN DIVORCE
NOTICE
You have been sued in court. If you wish to defend against the clam 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 divome 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 the 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 at the Cumberland County Court House, High and Hanover Streets, Carlisle.
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, PA 17013
Phone: (717) 249-3166
DOUGLAS E. SWARTZ,
Plaintiff
V.
KATHY J. SWARTZ,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. CIVIL TERM
: IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) or 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is Douglas E. Swartz, who currently resides at 31 Marilyn Drive, Carlisle,
Cumberland County, Pennsylvania, since approximately 1996.
2. Defendant is Kathy J. Swartz, who currently resides at 431 North Hanover Street Apt #4,
Carlisle, Cumberland County, Pennsylvania, since 1999.
3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at
least six months immediately previous to filing of this Complaint.
4. Plalntiffand Defendant were married on September 26, 1991, in Carlisle, Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties hereto in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. Plaintiffhas been advised that counseling is available, and that Plaintiffmay have the right
to request that the Court require the parties to participate in counseling.
8. Plaintiffrequests the Court to enter a Decree in Divorce.
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 unswom
falsification to authorities.
Date:
By:.
Karl E. Rominger, Esquire
Attorney for Plaintiff
155 Sot/th Hanover Street
Carlisle, PA 17013
(717) 241-6070
DOUGLAS E. SWARTZ,
Plaintiff
V.
KATHY J. SWARTZ,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 02 - 2488 CIVIL TERM
: IN DIVORCE
ACCEPTANCE OF SERVICE
I hereby accept service of the Complaint in Divorce on behalf of the Defendant, Kathy J.
Swartz, in the above-captioned action and I certify that I am authorized to do so.
DATE: ~//~ q//d2~ By:
DOUGLAS E. SWARTZ,
Plaintiff
V.
KATHY J. SWARTZ,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. 02 - 2488 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaim in Divorce under Section 3301(c) of the Divorce Code was filed on May
21, 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 tree and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to
unswom falsification to authorities.
Date:
Douglff_s E. Swartz
DOUGLAS E. SWARTZ,
Plaintiff
V.
KATHY J. SWARTZ,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. 02 - 2488 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 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. §4904, relating to unsworn falsification
to authorities.
Oate:
Dot~glas E?Swartz, Plaintiff
DOUGLAS E. SWARTZ,
Plaintiff
V.
KATHY J. SWARTZ,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 02 - 2488 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May
21, 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 tree 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:
DOUGLAS E. SWARTZ,
Plaintiff
V.
KATHY J. SWARTZ,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. 02 - 2488 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER § 3301(e) 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.
DOUGLAS E. SWARTZ,
Plaintiff
V.
KATHY J. SWARTZ,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. 02 - 2488 CIVIL TERM
: 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. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce
Code.
2. Date and manner of service of the Complaint: Acceptance of Service. Dated May
24, 2002.
3. Date of execution of the affidavit of consent required by § 3301 (c) of the Divorce
Code: by the Plaintiff September 15, 2002; by the Defendant, September 9, 2002.
4.Related claims pending: None
5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: September 20, 2002.
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: September 20, 2002.
Date:
September 20, 2002
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID No. 81924
iNThE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE Of ~ PENNA.
DOUGLAS E. SWARTZ
Plaintiff
VERSUS
KATHY J. SWARTZ
Defendant
NO.02-2488 CIVIL TERM
DECREE iN
DIVORCE
AND NOW,~ 3
DECREED THAT Douglas E. Swartz
, it IS ORDERED AND
, PLAINTIFF,
AND Kathy J. Swartz
, 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;
None
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