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HomeMy WebLinkAbout02-3875Iv~.I.ISSA FOX, Plaintiff VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA BRINTON E. FOX, : CIVIL ACTION - LAW Defendant : DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You lmve 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 fights important to you, in~udin~ 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 (717) 249-3166 MELISSA FOX, Plaintiff VS. BRINTON E. FOX, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :No. (267[. ~ 3 ~ 7zff i CIVIL ACTION - LAW : DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff, Melissa Fox, by and through her attorney, Jeann~ B. Costopoulos, Esquire, avers the following: 1. The Plaintiff, Melissa Fox, is an adult individual who currently resides at 14 Larken Lane, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Defendant, Brinton E. Fox, is an adult individual who currently resides at 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plainfiffand the Defendant were married on December 1, 1992 in Winchester, ¥irginia~ COUNT I- DIVORCE 5. Paragraphs one ( 1 ) through four (4) are incorporated herein by reference as if set forth specifically below. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised that counsehng is avmlable and that the Plaint~ffmay have the right to request that the court require the parties to participate m counseling. 9. There are two dependem children from this marriage, namely Allyson Fox, bom June 1, 1991, and Shane Fox, bom March 16, 1993. 10. This action is not collusive. WHEREFORE, the Plaintiff respectfully requests this Honorable Court grant the plaintiff relief from the bonds of matrimony and order a Decree in Divorce. RESPECTFULLY SUBMITTED: ~ear~ B. Costopoulos, Esquire COSTOPOULOS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 PA Supreme Court ID No. 68735 Telephone: (717) 221-0900 Fax: (717) 221-0904 ATTORNEY FOR PLAINTIFF MEI,ISSA FOX, Plaintiff VS. BRINTON E, FOX, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. : CIVIL ACTION - LAW : DIVORCE VERIFICATION I, Melissa Fox, hereby verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statemems herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: ~'~-C)Z. Signature: Melissa Fox MELISSA FOX, Plaintiff VS. BRINTON E. FOX, Defendant · IN THE COURT OF COMMON PLEAS ' CUMBERLAND COUNTY, PENNSYLVANIA · No. 02-3875 Civil Term · CIVIL ACTION - LAW · DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELINC A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 14, 2002. 2. The marriage of the Plaintiffand Defendant is irretrievably broken and mnety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the enmy ora 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 unswom falsification to authorities. Date: Sworn to and subscribed to Before me this ~, (o day of 0~ro ~ ,2002 Notary Public Signature: _[~_.,e'~i~::~ ~'t~ Melissa ~ox MELISSA FOX, Plaintiff VS. BRINTON E. FOX, Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · No. 02-3875 Civil Term · CIVIL ACTION - LAW · DIVORCE DEFENDANT,S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE ..AND WAIVER OF COUNSELINC A Complaint in Divorce under Section 330 ! (c) of the Divorce Code was filed on August 14, 2002· 2. The marriage of the Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry ora 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 hereto are made subject to the penalties of 18 Pa, C.S. §4904 relating to unswom falsification to authorities. Date: .,! [-' {,5"2W g-- Sworn to and subscribed to Before me this. /'5" 4-6 day of ~ O-t./ ,2002 Signature: ~u.~., ~ ~ Brinton E. Fox MELISSA FOX, Plaintiff VS. BRINTON E. FOX, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · No. 02-3875 Civil Term · CIVIL ACTION - LAW · DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 c OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose fights concerning alimony, division of property, lawyer's fees, or expenses ifI do not claim them before a divorce is granted. 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 sero to me immediately after it is filed with the Prothonotary. I verify that the statements made in th/s 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. Dated: Sworn to and subscribed to Befqre me this . ~ (o day of .. ~OO61'qfi,~f&-' , 2002. Notary Public J~ '"x ,-~-,..r.ss~on Expires Apr. 16. 2006 Mornbor. Pennsy~-,mia AssOciation Of No~al~llS Signature: Melissa Fox MELISSA FOX, Plaintiff VS. BRINTON E. FOX, Defendant · IN THE COURT OF COMMON PLEAS · CUlvlBERLAND COUNTY, PENNSYLVANIA · No. 02-3875 Civil Term · CIVIL ACTION - LAW · DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 c OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose fights 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. 4. 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 answom falsification to authorities. Sworn to and subscribed to Before me this /~/~ day of _ ,_,/-al'OM' ,2002. [Carol $, McI(ee, Notary Public l Brimon E. Fox- M~J.ISSA FOX, Plaintiff VS. BRINTON E. FOX, Defendant TO THE PROTHONOTARY: · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · No. 02-3875 Civil Term CIVIL ACTION - LAW · DIVORCE AFFIDAVIT OF SERVICE I, Jeann6 B. Costopoulos, Esquire, verify that the Complaint in Divorce was served upon the Defendant indicated above on August 20, 2002, by first class, Certified Mail No. 7000 1530 0001 6001 8091, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements ofPa, R.C.p. § 1930.4. By: eann .~Costopo J ~os, Esquire A~orney for Plaintiff Phone: (717) ~2-1~)00 PA S.Ct. ID No. 68735 Dated: ../z/ 7 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from service labeO ~o~ A. Signature [] Agent ¥(Prin~.Na~ Date of Delivery O. Is deflvery address different from item 17 [] ~ If YES, enter delivery address below: [] No '7Ooa 15'~o Domestic Return Receipt 3. ~ype ~,a~,4~Jertified Mail [] Express Mail I-3 Registered jr'] Return Receipt for Uemhandise ["1 Insur~ Mail I-] C.O.D. 4. Restricted Delivery? (Extra Fee) ~~_ ooo/ b~ol MEI,[SSA FOX, Plaintiff VS. BRINTON E. FOX, Defendant · 1N THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3875 Civil Term · CIVIL ACTION - LAW · DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotas3t: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Service by certified mail no. 7000 1530 0001 6001 8091 on August 20, 2002· See attached Affidavit of Service. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by the Plainti~ 11/26/2002; by the Defendant: 11/18/02. 4. Related claims pending: None· 5· Date Plaintiff's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: filed simultaneously with this Praecipe to Transmit Record. Date Defendant's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: filed simultaneously with this Praecipe to Transmit Record. Dated: Respectfully Submitted: Attorney for Plaimiff ¢oo0 Phone: (717)~I-~ PA S.Ct. ~ No. 68735 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of VERSUS PENNA. No. 02- ~ "7~' DECREE IN DIVORCE AND NOW, ARE DIVORCED FROM THE BONDS OF MATRIMONY. IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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; PROTHONOTARY