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HomeMy WebLinkAbout02-2837MICHELLB E. BIXLER, Plaintiff THOMAS L. BIXLER, JR. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02 - ~ CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(d) OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Michelle E. Bixler, an adult individual residing at 3 Brandy Lane, Walnut Bottom, Cumberland County, Pennsylvania 17266. 2. The defendant is Thomas L. Bixler, Jr., an adult individual residing at 3 Brandy Lane, Walnut Bottom, Cumberland County, Pennsylvania 17266. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on May 4, 1991, in Lemoyne, Cumberland County, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as your Honorable Court may deem equitable and just. 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. Section 4904, relating to unsworn falsification to authorities. June 11, 2002 MICHELLE E. BIXLER, Plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 MICHELLE E. BIXLER, Plaintiff THOMAS L. BIXLER~ JR. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02 - CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. June 11,2002 MICHELLE E. BIXLER Plaintiff 4 HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 170t3 (717) 243-6090 ATTORNEY FOR PLAINTIFF MICHELLE E. BIXLER, Plaintiff THOMAS L. BIXLER, JR. Defendant IN THE COURT OF CC CUMBERLAND COUN CIVIL ACTION - LAW NO. 02 - 2837 CIVIL IN DIVORCB AFFIDAVIT OF SERVICE OF COMF PURSUANT TO PA. R.C.P. RULE NO. 19; NOW, Harold S. Irwin, III, Esquire, being duly sworn depose and state: 1. That he is a competent adult and attorney for ti captioned action in divorce. 2. That a certified copy of the complaint in divorc( defendant on or about June 15, 2002, by certified mail "restrict ~to the defendant at 3 Brandy Lane, Walnut Bottom, Pennsylv; mail, return receipt No. 7000 1670 0001 8777 5202. 3. That a copy of the sender's receipt and signed re, attached hereto. I verify that the statements made in this affidavit ar understand that false statements herein made are subject to th, S. Section 4904, relating to unsworn falsification to authorities. June 17,2002 )MMON PLEAS OF PENNSYLVANIA tERM LAINT ).0.4 ~ccording to law, does e plaintiff in the above was served upon the 9d delivery", addressed ~nia 17266, by certified :eipt for certified mail is true and correct. I penalties of 18 Pa. C. Harold S. Irwin, III (/ Attorney for plaintiff,,. PS Form 3811, August mMall Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here MICHELLE E. BIXLER, Plaintiff V, THOMAS L. BIXLER, JR. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : : NO. 02 - 2837 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divome Code was filed in this matter on or about June 11, 2002 and served upon defendant on June 15, 2002 (See Affidavit of Service filed on June 17, 2002). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. September/_.~_, 2002 MICHELLE E. BIXLER MICHELLE E. BIXLER, Plaintiff THOMAS L. BIXLER, JR. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 2837 CIVIL TERM : IN DIVORCE 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 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. Section 4904 relating to unsworn falsification to authorities. September ~2., 2002 MICHELLE E. BIXLER MICHELLE E. BIXLER, Plaintiff THOMAS L. BIXLER, JR. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02 - 2837 CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. 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 unswom falsification to authorities. September/~,, 2002 MICHELLE E. BIXLER MICHELLE E. BIXLER, Plaintiff Vm THOMAS L. BIXLER, JR. Defendant .JIN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .. LAW NO. 02 - 2837 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about June 11, 2002 and served upon defendant on June 17, 2002 (see affidavit of service filed June 17, 2003). 2. The marriage of plaintiff and defendant is iirretdevably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements here!n made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. July /7 '2003 MICHELLE E. BIXLER, Plaintiff THOMAS L. BIXLER, Defendant : .IN THE COURT OF COMMON PLEAa OF : ~CUMBERLAND GOUNTY, PENNSYLVANIA : CIVIL ACTION -. LAW : : NO. 02 - 2837 CIVIL TERM : IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. July /~ ,2003 MICHELLE E. BIXLER, Plaintiff THOMAS L. BIXLER, Defendant : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION -. LAW : : NO. 02 - 2837 CIVIL TERM .' IN DIVORCE WAIVER OF NOTICE O~?NTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (Ct 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. Section 4904 relating to unsworn falsification to authorities. July ./? ,2003 MICHELLE E. BIXLER, Plaintiff THOMAS L. BIXLER~ JR. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION -. LAW .. -- NO. 02 - 2837 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 ICI 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. Section 4904 relating to unsworn falsification to authorities. September ~=., 2002 MICHELLE E. BIXLER HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (7t7) 243-6090 ATTORNEY FOR PLAINTIFF MICHELLE E. BIXLER, Plaintiff THOMAS L. BIXLER, JR. Defendant -- IN THE COURT OF COMMON PLEA~ OF : CUMBERLAND COUNTY, PENNSYLVANIA -- CIVIL ACTION .. LAW : NO. 02 - 2837 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: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about June 15, 2002, defendant was served with a copy of the divorce complaint. See Affidavit of Service filed on June 17, 2002. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: Sg,o~;?m~er L~., 2002. By the defendant: ,,~,~i~Ab~r ~'~, 2002. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related Claims pending: None 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: N/A (b) Date plaintiff's Waiver of Notrice in Section 3301(c) divorce was filed with the Prothonotary: September ~/~, 2002. Date defendant's Waiver of Notice in Section 3301© Divorce was filed with the Prothonotary: S~r ~,~, 200~ ,200~ HAROLD S. IRWIN, I1( J Attorney for Plaintiff ~ IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY STATE OF _~]~ PI--NNA. BIXLER~ MICHELLE E. Plaintiff VERSUS THOMAS L. BIXLERt JR., Defendant NO. NO. 02-2837 CIVIL TERM DECREE IN DIVORCE AND NOW,~ DECREED THAT AND ,IT IS ORDERED AND , PLAINTIFF, THOMAS L. BIXLER, JR. , 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