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HomeMy WebLinkAbout02-2559BONNIE S. PECK, RICKY L. PECK, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. ZSo~,,)._qg'f CIVIL TERM : IN 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 page~, yOlI'm~$ take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 BONNIE S. PECK, Vo RICKY L. PECK, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . : CIVIL ACTION - LAW : : NO. O.a- ~3'3'? CIVILTERM : IN DIVORCE COMPLAINT IN DIVORCE NO FAULT Plaintiff is Bonnie S. Peck, an adult individual currently residing at 570 Conodoguinet Avenue, Carlisle, Cumberland County, Pennsylvania. Defendant is Ricky L. Peck, an adult individual currently residing at 220 Pine School Road, Gardners, Cumberland County, Pennsylvania. o Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. ° Plaintiff and Defendant were married on September 21, 1986, in Boiling Springs, Cumberland County, Pennsylvania. A prior action for divorce, docketed to No. 97-1153, was filed on March 5, 1997, and was stricken for inactivity by Order of Court dated November 9, 2000. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. Plaintiffhas been advised of the availability of counseling and the fight to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiffand Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. COUNT II 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. The parties have been living separate and apart since March 15, 1996. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (d) of the Domestic Relation Code. Respectfully submitted,. Marylou M~s, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 unswom falsifications to authorities. DATE: ~/~-//~9? BONNIE S. PECK, Plaintiff S. PECK, RICKY L. PECK, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. ~,~2-~5~~' CIVIL TERM : IN DIVORCE If you wish to deny any of the statements set forth in the attached affidavit, you must file a counter-affidavit within twenty days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER _$3301(d) OF THE DIVORCE CODE The parties to this action separated since March 15, 1996, and have continued to live separate and apart since that time. 2. The marriage is irretrievable broken. 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. I verify that the statements made in the foregoing document 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 falsifications to authorities. BONNIE S. PECK, Plaintiff BONNIE S. PECK, RICKY L. PECK, Plaintiff Defendant : IN THE coURT OF coMMON PLEAS OF cUMBERLAND CouNTY, pENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-2559 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this ~ day of August, 2002, comes Marylou Matas, Esquire, counsel · · Request Entry of a of record for Plaintiff, Bonnie S. Peck, and states that a Notice of Intentton to Divorce Decree was sent to Defendant, Ricky L. Peck, at 220 Pine School Road, Gardners, PA 17324 by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on August 2, 2002. ~tto~n¢~ ~ F~t~ GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before~me this.____~ -- day of~ ,2002 otafial Seal ~ta'" public I e ~ana J. Lehm_an'_~,~-'-'h · Complete items 1, 2, and 3. A~o mxnpiete item 4 if Restrlcte~:l Delivery Is. desired. _ · Pdnt your n~ and address on the reverse so that we ~n tatum the oard to you. · Attach this ~ard to the back of the mallplece, or on the front If space permits. 1, Article Add._~___*~ed to: ~*fled~, I-I Retum Receipt for MerChandise [] Insured Mall [] C.O.D. 4. Reetn~'ted De~Ne~K/(Extra Fee) 2. Article Number PS For,,~ 3811, August 2001 Domestic Return Receipt BONNIE S. PECK, Vo RICKY L. PECK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2559 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this ,'~._ ~IFA day of August, 2002, comes Marylou Matas, Esquire, counsel of record for Plaintiff, Bonnie S. Peck, and states that Plaintiff's Affidavit Under {}3301(d) of the Divorce Code was sent to Defendant, Ricky L. Peck, at 220 Pine School Road, Gardners, PA 17324 by certified mail, restricted delivery, return receipt requested with the Complaint in Divorce. A copy of said receipt is attached to the Affidavit of Service dated June 18, 2002, previously filed in this matter, indicating services was made on June 6, 2002. Marylo~¥laft~'Esquire Attorney for"tYaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before ~e this_ ~' I.t"~ day ~ ~k]~-~_.--, 21302 I~OT,a~.Y ~PUBLIC ~ BONNIE S. PECK, Vo RICKY L. PECK, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-2559 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. Ground for divorce: 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Certified Mail. Restricted Delivery_ to Defendant on June 6. 2002. 3. 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: by Defendant: (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date 6filling and service of the plainfiWs affidavit upon the respondent: Filed: ~ Served: ~ 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: Certified Mail. Restricted Delivery. to Defendant on Au_mast 2. 2002 (b) Date ofplaintiWs 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: ~I aR]%¢~E'~&~S'~ qc~irA~ES Attorney for Plaintiff BONNIE S. PECK, Plaintiff VS. RICKY L. PECK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-2559 CIVIL TERM : IN DIVORCE NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE TO: RICKY L. PECK, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the Section 3301(d) affidavit. Therefore, on or before August 26, 2002, the Plaintiff can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a fmal decree in divorce. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form Counter-Affidavit alone does not protect your economic claims. YOU SHOULD TAKF. 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 (717) 249-3166 P~ainti££ IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY ST/~TE OF ~~~. PENNA. NO. o~-~<, K~TVTT. T'~'~M VERSUS RICKY L. PECK, Defendant Decree IN DIVORCE AND NOW, DECREED THAT AND Bonnie S. Peck licky L. Peck ~r~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; None. BY TH '~ ATTEST: Jo PROTHONOTARY