HomeMy WebLinkAbout02-3769
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
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NO. 0;2. - 37~?
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DAVID S. BABOIAN,
Plaintiff
CORA J. BABOIAN,
Defendant
CIVIL ACTION - LAW
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 case 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 important to you, including custody or visitation of your
children,
When the ground for 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,
Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013-3387,
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 Lawyer Referral Service
2 Liberty Avenue
Carlisle, P A 17013
Telephone: (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DAVID S. BABOIAN,
Plaintiff
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NO. C~ - .3?lc.f
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CORA J. BABOIAN,
Defendant
CNIL ACTION - LAW
DIVORCE
COMPLAINT IN DIVORCE
AND NOW, comes Plaintiff, David S. Baboian, by and through his counsel, Howett,
Kissinger & Conley, P.C., who hereby files the instant Complaint in Divorce and in support
thereof avers as follows:
1. Plaintiff is David S. Baboian, an adult individual who currently resides at
4350 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011.
2. Defendant is Cora J. Baboian, an adult individual who currently resides at
3525 Countryside Lane, Camp Hill, Cumberland County, Pennsylvania 17011.
3. Both Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for a period of a least six (6) months immediately proceeding
the filing ofthis complaint.
4. Plaintiff and Defendant married on June 6, 1988 at Corona Del Mar,
California.
5. Neither Plaintiff nor Defendant is in the military or naval service of the
United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of
the Congress of 1940 and its amendments.
6. There have been no prior actions for divorce or annulment of the marriage
instituted by either of the parties in this or any other jurisdiction.
7, Plaintiff has been advised that counseling is availability and that Plaintiff
may have the right to request the court require the parties to participate in counseling.
COUNT I - DIVORCE PURSUANT TO 6330Hc) OR (d) OF THE DIVORCE CODE
8. The prior paragraphs ofthis Complaint are incorporated herein by
reference thereto.
9. The marriage of the parties is irretrievably broken.
10. The parties separated on or about April 28, 2002.
WHEREFORE, Plaintiff respectfully requests the Court enter a Decree of Divorce
pursuant to g3301 ofthe Divorce Code.
Respectfully submitted,
Date: ~~~
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Donald . . ssinger, Esq re
HOWETT, KISSINGER & ONLEY, P.c.
130 Walnut Street
P.O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Defendant, David S. Baboian
VERIFICATION
I, David S. Baboian , hereby swear and affirm that the facts contained in the foregoing
Complaint in Divorce
are
true and correct to the best of my knowledge, information and belief and are made subject to the
penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities.
Date: 8/05/02
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David S. Baboian
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
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CIVIL ACTION - LAW
DIVORCE
DAVID S. BABOIAN,
Plaintiff
NO. 02-3769 CIVIL TERM
CORA J. BABOIAN,
Defendant
ACCEPTANCE OF SERVICE
I, Samuel L. Andes, Esquire, accept service of the Complaint in Divorce on behalf of
Cora 1. Baboian, Defendant in the above-captioned action, and certify that I am authorized to do
so.
Date: ~ \ thJ1 '2C02.
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525 North Twelfth Street
Lemoyne, P A 17043
Telephone: (717) 761-5361
Counsel for Defendant
Cora 1. Baboian
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
)
)
)
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CIVIL ACTION - LAW
DIVORCE
DAVID S. BABOIAN,
Plaintiff
No, 02-3769 CIVIL TERM
CORA J. BABOIAN,
Defendant
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under S3301(c) ofthe Divorce Code was filed on
August 6, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and 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 decree.
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 conceming alimony, division of
property, lawyer's fees or expenses if! 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 above are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unswom
falsification to authorities.
Date:
I . '2 - 03
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David S. Baboian, Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
DAVID S. BABOIAN,
Plaintiff
v.
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)
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CIVIL ACTION - LAW
DIVORCE
No. 02-3769 CIVIL TERM
CORA J. BABOIAN,
Defendant
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under ~3301(c) of the Divorce Code was filed on
August 6, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service ofthe complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST
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! 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 above 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,r;J;~(7/o, 0~
I /
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
)
)
)
)
)
)
NO. 02-3769 CIVIL TERM
DAVID S. BABOIAN,
Plaintiff
CORA J. BABOIAN,
Defendant
CIVIL ACTION - LAW
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 S3301(c) ofthe Divorce Code.
2. Date and manner of service of the complaint: Service accepted by Samuel L. Andes,
Esquire on July 21,2002; Acceptance of Service filed on September 6,2002.
3. Date of execution of the affidavit of consent required by S3301(c) ofthe Divorce
Code: by plaintiff, January 2,2003; by defendant, January 10,2003.
4. Related claims pending: All claims resolved by Marital Settlement Agreement
dated September 19,2002.
5. Date plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the prothonotary:
January 7, 2003; date defendant's Waiver of Notice in S3301(c) Divorce
was filed with the prothonotary: contemporaneously herewith.
Date:
1-ILr~03
t, Esquire
OWETT SSINGER & CONLEY, P.e.
130 Walnut Street
P. O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Plaintiff David S. Baboian
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IN THE COURT OF COMMON PLEAS
DAVID S. BABOIAN,
Plaintiff
VERSUS
CORA J. BABOIAN,
Defendant
OFCUMBERLANDCOUNTY
STATE OF
AND NOW,-5:'0 U ~"l "LL
DAVID S. BABOIAN
DECREED THAT
AND
PENNA.
No.
02-17t'i9 nVTT. TERM
DECREE IN
DIVORCE
2003
, IT IS ORDERED AND
, PLAINTIFF,
CORA J. BABOIAN
, 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.
It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions
of a certain Marital Settlement Agreement between the parties dated September 19, 2002, are
incorporated m thIS Decree m DIvorce by reference as fully as Ifthe same were set forth herem at
length. Said Agreement shall not merge with but shall survive this Decree in Divorce.
J!.A"."!ll
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· By THE COURT:
ATTEST
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