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Home My WebLink About00-00730 "-< '. , . ... . . . . . . . . . . . ~~~ ~~~~ ~~~~~ ~~~~~ ~ ~~~~~~~~~ ~~ ~~ ~~~~~ ~~~~ . '" ~"'~'" . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . JOHN G. COSTELlD STATE OF PENNA. . No. 2000-730 CIVIL TERm IN DIVORCE . . . . . VERSUS SUE ANN COSTELlD . . . . . DECREE IN DIVORCE . . . . ~ I c;3!"t{.,IY}. ,;)t/I1J, IT IS ORDERED AND . . . :1'-'- .;, AND NOW, . DECREED THAT JOHN G. COSTELLO , PLAINTIFF, . SUE ANN COSTELLO , DEFENDANT, AND . 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; . . . . . ,JtfV'-t. . . . . . . . . . . . . ATT'S" ~~ . PROTHONOTARY . . ~:f!~~ ~ ~ :f!:f!:f! :f! :f! :f!:f!:f! :f! :f!~:f! :f!:f!~:f!~:f!~:f!~:f!~~~ ff.:f. ~ ~ff. ~ ~ ~ ~ ~ ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J, . . . . . . . . . . . . .' . . ..~;" ','~."~,:. .. .~\"';;' - t.dcj,a:; W ~ /11~ ?j; q ~ ~~'a:J 71~ hZ~:6~. ~ ~",'" " ,~" " ',-:"" ~~""""'~ ,,~ " , ~_,_ n,-" ",' ~, -,,' -' l,-.,~ , .:.- JOHN G, COSTELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CML ACTION SUE ANN COSTELLO, Defendant NO, 2000-730 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: Living Separate and Apart under S 3301(d) of the Divorce Code, 2. Date and manner of service of the Complaint: February 11,2000 by United States mail, certified, restricted mail, return receipt requested. 3, Date of execution of the Plaintiff s Affidavit of Living Separate and Apart required by S 3301(d) of the Divorce Code and Waiver of Notice: By Plaintiff, February 1, 2000; Counteraffidavit and Waiver of Notice by Defendant, February 24, 2000. 4, Related claims pending: None, 5, Date of Waiver of Notice ofIntention to Request Entry of divorce in S 3301(c) Divorce filed with the Prothonotary: by Plaintiff, February 1,2000; by Defendant, February 24, 2000. Respectfully submitted, , k~~~~ MICHAEL D, RENTSCHLER, ESQUIRE 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 . .- ....'llIIIilMIiI~......,..... , 1fIiIlli. ~1~"''l,''-''''~)~a'Elilll''~-'''lJr ,,;,.. ,., ,., .~ .- '" '" ~-~' q S;; .rL 12) "-T-~ :z f;:, 'ii.:{ r;'L." ~~ :z .< ',' ~ " 0 C'J ~rt c 0 ?' S: .....,.,. -Ocr, T; nlfT',' -~ ".:,- Z'3.~' .. zc: L;-: ;.,.-' (I)~,: .. '.,),.-, -<~~ ;~~~ CC) :;:" );: :z ?oC) >:0 \.0 :'-::'::;-;', C .. ~ ~ ".. "> ~"'-' 0\ =< t~') Co ~ -~ -~ , ~-T1 ;:::-.", "'-.. -, '2. '... . . '" -,'"" ",,-, . JOHN G. COSTELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CML ACTION SUE ANN COSTELLO, Defendant NO, .<oou- 73C eo;"{ y~ IN DIVORCE NOTICE TO DEFEND 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 at the Cumberland Connty Courthouse, 1 Courthouse Square, Carlisle, P A 17013-3387, 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, Court Administrator Cumberland Connty Courthouse 1 Courthouse Square, 4th Floor Carlisle, PA 17013-3387 (717) 240-6200 ~~/~~ Michael D, Rentschler, Esquire Attorney for Plaintiff - ;,1, "" ,,:,~ JOHN G, COSTELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA vs, CIVIL ACTION SUE ANN COSTELLO, Defendant NO, IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above-captioned action in divorce, By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services, Accordingly, if you desire counseling, please advise in writing promptly by replying to: Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013-3387, Prothonotary ~ ."- ,~ . _I, ,. - ~ JOHN G. COSTELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION SUE ANN COSTELLO, Defendant NO, IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is JOHN G, COSTELLO, a citizen of Pennsylvania, residing at 610 Fourth Street, New Cumberland, Cumberland County, Pennsylvania. 2, Defendant is SUE ANN COSTELLO, a citizen of Pennsylvania, residing at 168 Jo1ee Drive, Middletown, Dauphin County, Pennsylvania. 3. Plaintiff and Defendant are sui iuris and husband has been a bonafide resident of the Commonwealth of Pennsylvania for at least six months immediately preceding the fIling of this Complaint. 4, The parties are husband and wife and were lawfully married on June 21, 1986 in Dauphin County, Pennsylvania. 5, The marriage is irretrievably broken, 6, Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7, There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8, The Plaintiff has been advised of the availability of counseling and of the right to 1 "-- , I ~~ -'"~"." request that the Court require the parties to participate in counseling, COUNT I Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9, The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10, The marriage of the parties is irretrievably broken, 11, After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce, Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling, WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporate herein by reference thereto, 14. The tllarriage of the parties is irretrievable broken. 15. The parties had a fma1 separation on April 1, 1995 and a period of two (2) years 2 ~~-,,- has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart, 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling, WHEREFORE, since two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Plaintiff respectfully requests that this Court enter a Decree in Divorce, pursuant to Section 3301(d) of the Divorce Code, Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, p,c. / ~ ..>::?-~~ ~ Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court LD, #45836 1300 Market Street, Suite 200 Lemoyne, P A 17043 (717) 975-9129 3 , ~ '" j - -,- <4.,. VERIFICATION I, JOHN G. COSTELLO, verify that the statements made in the Complaint 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, ~Afld/dr JOHN G. COSTELLO V Plaintiff ._" ~",....L...~k''''n'' ., - '-I........~-. ~ JJti:....iiii <~ --~ -llr~~~llA ,,'.,c,"" (J ~1 ...0 >-.l l' ,.... If' ...... ...... - l.Jv =-, ~ ~ o I ~ ~ ~ , ~ .(;{ a ~ t ~ . & I (') c -~~: n1i';-~ ~~ ~\..c') 4_~ , >e:: ~ o D ..." r~ :~D I CJ o 'Tj "'" ??;: (-l ~~(;j: --;-",("n ~ ~< 8 If? (J1 . ,,~ , __J . -", . JOHN G, COSTELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CML ACTION SUE ANN COSTELLO, Defendant NO,o;>oOO ~6073D IN DIVORCE AFFIDAVIT OF HAVING LIVED SEPARATE AND APART UNDER SECTION 330Hd) OF THE DIVORCE CODE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. Plaintiff's Affidavit under Section 3301(d) of the Divorce Code, 1, The parties to this action separated on Apri11, 1995, and have continued to live separate and apart for a period of 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 if! do not claim them before a divorce is granted, I verify that the statements made in the Complaint 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, Dated: .2 ~/-Cfo PL ~. &;t/!0 ~HN G, COSTELLO, Plaintiff i"J'~O" '"'~' -Mi-jl ~1I1l11_blii!li1lollil!l - ,- . ".. -" o c <::.-<- ~~. 5:,),,<;: r:: ~~ ':-:J , , C:J o .." ''1 <;~,Q Iv ();) (:J "i.oJ --o.;,J -,)~~ j~ :;i~:~ >;~iTi u 1;~ :0 -< :):';-p ';:) ~ Iv ~ ~ ,-..:-1""-0-. -<",'_0 - . . . . JOHN G, COSTELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CML ACTION SUE ANN COSTELLO, Defendant NO, ()..bt>O _ 0673D IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): 1 (a) I do not oppose the entry of a Divorce Decree, (b) I oppose the entry of a Divorce Decree because (check (I), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years, (il) The marriage is not irretrievably broken, 2, Check either (a) or (b): L (a) I do not wish to make any claims for economic relief, 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, _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights, I verify that the statements made in this Counter-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, Date: ~~.:>*-()O NOTICE: IF yOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT, -- < iI.uL~jf J~ilI"'Mlli ,- '" *'-- :wth.lD.1 -;~"= ~-- ,0 f1"lIiIi&h ~~ " "'0 . c:' 0 c,; C) --,., ,;C,:'_ ~;l ",'" r;" " " :.oJ ----- Z 1':> , C. '-..-.' co c."..., ) ~ ::~}- r:: t~~ ':', -......., , ~-;::-: , ' -(j r (OS ~ -'.,' 1,---, C; \.f? (~5 1--0 S =;.~ L c_ :J.J -l -< rV -< . ~. " " -1- -~'~.,'; .i',' , ., j\-, JOHN G, COSTELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION SUE ANN COSTELLO, Defendant NO, ;)..Doo - OD?b IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(d) 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 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 , I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENAL TIES OF 18 Pa, C,S.A. S 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, Date: ;2.,(~(Jt) ~p~ J~G, COSTELLO, Plaintiff Ii~~""'~- ~"~-~ ~....... ,..-,. , ~,"'"'''' ... ~- " ':i c') ,""~ ,-' ..~ ~; 0 " ~ ...,"] -Of; -" ,..I :rr ," n--if;- OJ '1 ]J Z _i..' ill ~,- I~- N Q (,I) CO '--5 -< -,J.._, r::: ,--', ~.::! ::'i'"~ );: '~.' :'-':':::, 2 C~ . -2 (') j:;: C) ~":) (5 ,Or, ,-"U ~ 5;! "7 ~- ". =< _':'D fv -< IE ,~ ,,'L-, " JOHN G, COSTELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION SUE ANN COSTELLO, Defendant NO, :;{ooo- ()O/3b IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(d) OF THE DIVORCE CODE 1, I consent to the entry of a fmal 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.A. S 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, Date: ~-;}~-OO S~:aw.D_ lIiM' ~~n' E~llt'_Wi~-"-" ~ '-'IiIiliIlIil_ J_~_"'''''''~~_~ ~"""'"""~~1if ' ",,,' ., .,!~-;i." ,"'^ - 0 C) () C r---, ~J .--n c -" -;-] ~-'-- I,"i ri'l GJ :;~ ~n Z r~ i'0 ((2 ,,';", co c.J ~, ~2 C) r;::: C T.:r.' - ,..~ " ~:;: ':.:5 -n -'-'~. t:S C;) .L.:... -<'-~:.. 5 (= \',0 c:; (Tl <<('- ".. :1;: -j ,', -, f" =<