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HomeMy WebLinkAbout02-4910IN THE COURT OF COMMON PLEAS OF RICHARD W. REMETA, Plaintiff KIMBERLY J. REMETA, Defendant ) ) ) ) ) ) ) CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N 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 ofmanSage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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 Telephone: (717) 240-6200 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 heating or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD W. REMETA, Plaintiff KIMBERLY J. REMETA, Defendant ) ) ) ) ) ) ) NO. ©2 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE Jersey. 4. Plaintiff and Defendant married on August 10, 1996 at Oakland, New 5. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailor's Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divome or annulment of the manfiage instituted by either of the parties in this or any other jurisdiction. Complaint. AND NOW, comes Plaimiff, Richard W. Remeta, by and through his counsel, Howett, Kissinger & Conley, P.C., who states the following in support of the instant Complaint: 1. Plaintiff is Richard W. Remeta, an adult individual who currently resides at 2516 Black Oak Way, Odenton, Anne Arundel County, Maryland 21113. 2. Defendant is Kimberly J. Remeta, an adult individual who currently resides at 2112 Orchard Road, Camp Hill, Cumberland County, Pennsylvania 1701 I. 3. Defendant has been a bonafide resident of the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this 7. Plaintiffhas been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE PURSUANT TO §3301(d) OR (d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. 10. The marriage of the parties is irretrievably broken. The parties separated on or about January 1, 2000. WHEREFORE, Plaintiff respectfully requests the Court enter a Decree of Divorce pursuant to §3301 of the Divorce Code. Date: Respectfully submitted, ~l~arren J. J~lst, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Richard W. Remeta VERIFICATION I, Richard W. Remeta, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are tree and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: 10/7/02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD W. REMETA, Plaintiff Vo KIMBERLY J. REMETA, Defendant NO. 02-4910 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Darren J. Holst, Esquire, being duly sworn according to law, deposes and says that he is an attorney at law authorized to practice in the Commonwealth of Pennsylvania and that on the 9t~ day of October, 2002, he sent the original of the attached letter, with which was enclosed a certified, time-stamped copy of the Complaint in Divorce in the above-captioned matter, properly endorsed to the Defendant, Kimberly J. Remeta, by certified mail, postage prepaid, return receipt requested, restricted delivery, pursuant to Pa.R.C.P. 1930.4, to 2112 Orchard Road, Camp Hill, PA 17011, the Defendant's last known address, and that the return receipt card which was signed by Kimberly J. Remeta, marked as having been delivered to her on October 21, 2002, is attached hereto and made a part hereof. ..l.,~rrren J. Holst, Esqujge HOWETT, KISSIN~ER & CONLEY, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Richard W. Remeta SWORN TO AND SUBSCRIBED before me this ,~q~day of Notary ~ublic NOTARIAL SEAL DONNA J. KNISEBC NOTARY PUBLIC HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES FEB. 16, 2004 ,2002 JOHN C. HOWETT. JR. DONALD T. KISSINGER CINDY S. CONLEY DARREN J. HOLST DEBRA M. SHIMP L¢o.~l Assistanl L~w OFmCE$ OF HOWETT, KISSINGISR & CONLEY, P.C. 130 ~VA LNUT STREET POSTOFF1CE BOX 810 Hand,S,LaG PE~'~S~'L~,~I,~ 1710g October 9, 2002 (717) 234-2616 FAX (717) 234-5402 VIA CERTIFIED MAIL RE TURN RECEIPT REO UESTED Ms. Kimberly J. Remeta 2112 Orchard Road Camp Hill, PA 17011 Re: Remeta v. Remeta No. 02-4910 Civil Term Dear Ms. Remeta: I write in my capacity as counsel for your husband, Richard W. Remeta. As you know, you and Mr. Kemeta have been negotiating a Marital Settlement Agreement over the last several months. To facilitate the prompt entry of the divorce decree following execution of the a~eement, Mr. Remeta has instructed our office to initiate a no-fault divorce action in Cumberland County. Enclosed, constituting service upon you as prescribed by the Rules of Civil Procedure, please find a certified true and correct copy of the divorce complaint that was filed with the court on October 8, 2002. It is my understanding that at this time the Cvo of you have finalized an a~eement and are simply trying to coordinate a formal execution thereof. Mr. Remeta does not know whether you have retained counsel in this matter. If you have retained counsel, please forward a copy of the instant complaint to his or her attention and have him or her call me as soon as possible. If you have not retained counsel, please feel free to contact me directly regarding this matter. Sincerely, Darren J. Hoist DfH/djk Enclosure cc: Richard W. Remeta (w/encl) .,-r Postage ~ Cer[ified Fee _-i- Return Receipt Fee r--3 (Endorsement Required) r--I Restricted Delivery Fee r-1 (Endorsement Required) Total Postage & Fees Postmark Here tR~iplent~_l~arr[e (Ple~e Print ClearlyXto be completed by mailer) MS. K3_mDerly J. R~neta .................................................. 'bT','~¢E~,~;. ........................................................................... · 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: Ms. Kimberly J. R~meta 2112 Orchard Road Camp Hill, PA 1701 2. Article Number (Transfer from service label) 7099 3400 0014 7584 4144 C, Signature ~ ~ [] A ent O. Is de~ery'a~rsss ;:lif~erenT(rom item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type ]~] Certified Mail [] Express Mail [] Registered L~ Return Receipt f~ [] Insured Mail [] C.O,D. 4. Restricted Delivery? (Extra Fee) [] Yes ~ .,~ PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-14'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD W. REMETA, Plaintiff Vo KIMBERLY J. REMETA, Defendant ) ) ) ) ) ) ) NO. 02-4910 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about January 1, 2000 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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 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. Date: Richard W. Remeta, Plaintiff iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD W. REMETA, Plaintiff Vo KIMBERLY J. REMETA, Defendant NO. 02-4910 CIVIL TERM CIVIL ACTION - LAW iN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER §3301(d) OF THE DIVORCE CODE, Date: 1. I consent to the entry of a final Decree of Divorce without notice. 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 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 unswom falsification to authorities. · hard W 'l~rri-eta, Plaint-~ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD W. REMETA, Plaintiff Vo KIMBERLY J. REMETA, Defendant ) ) ) ) ) ) ) NO. 02-4910 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER §3301{d) OF THE DIVORCE CODE Date: 1. I consent to the entry of a final Decree of Divorce without notice. 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. o 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. Kimb~r~'y f. Remeta, D-'~endant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD W. REMETA, Plaintiff Vo KIMBERLY J. REMETA, Defendant ) ) ) ) ) ) ) NO. 02-4910 CIVIL TERM 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: Ground for divorce: Irretrievable breakdown under §3301 (d) of the Divorce Code. Date and manner of service of the complaint: Service by certified mail signed for by Defendant on October 21, 2002; Affidavit of Service filed October 28, 2002. o Date of execution of the affidavit required by §3301(d) of the Divorce Code: March 3, 2003; date of filing and service of the plaintiffs affidavit upon the respondent: filed with the court and mailed to Defendant on March 7, 2003. ° Related claims pending: None. All claims resolved by Marital Settlement Agreement of December 2, 2002. Date: o Plaintiff's and Defendant's Waivers of Notice are being filed with the prothonotary contemporaneously herewith. "D~-arren J. I-l~lst, ~squire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Richard W. Remeta IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF p~~ PENNA. RICHARD W. REMETA, Plaintiff versus KIMBERLY J. REMETA, Defendant NO. o9_.4c}~ o ctvu. TEP_M Decree iN DIVORCE DECREED THAT RICHARD W. REMETA IT IS ORDERED AND , PLAINTIFF, AN D KIMBERLY J. REMETA , 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 December 2, 2002, are incorporated, but not filed of record, in this Decree in Divorce by reference as fully as if the same were set forth herein at length. Said Agreement shall not merge with but shall survive this Decm~ in Divorce. By The COUrt: I 1 ATTES J. =ROTHONOTARY