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HomeMy WebLinkAbout03-0098IRENE C. RALLS, Plaintiff, EDWARD F. RALLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA · CIVIL ACTION - LAW IN DIVORCE 03 -- ~ NOTICE TO DEFEND AND CLAIM RIGHT~ 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 claim of relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation or your children. When the grounds for the 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, One Courthouse Square, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by the parties. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, PA 17013 (717) 249-3166 Harry L~_.~dcke~:~.,~Esquire -' 40~N0rth Front Street Harrisburg, PA 17101 Telephone No. (717) 233-2555 Attorney I.D. No. 07049 IRENE C. RALLS, Plaintiff, EDWARD F. RALLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE ,NOTICE OF AVAILABILITY OF COUNSELIN~ TO THE WITHIN NAMED DEFENDANT: You have been named as the Defendant in a Divorce proceeding filed in the Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, as amended, you may request that the Court require you and your spouse to attend marriage counseling prior to a Divorce Decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary , Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling services are to be borne by you and your spouse. If you desire to pursue counseling, you must take your request for counseling within twenty (20) days of the date on which you receive this Notice. Failure to do so will constitute a waiver of your right to request counseling, IRENE C. RALLS, Plaintiff, EDWARD F. RALLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION- LAW · INDIVORCE O,.~- ~ COMPLAINT Divorce 3301(c) or 3301(d) 1. Plaintiff, Irene C. Rails, is an adult individual residing at 1814 Carlisle Road, Camp Hill, Pennsylvania 17011. 2. Defendant, Edward F. Rails, is an adult individual residing at 682 Market Street, Lemoyne, Pennsylvania 17043. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 28, 1980 in Mechanicsburg, Pennsylvania. 5. Plaintiff avers that the ground upon which this action is based is that the marriage is irretrievably broken. 6· There has been no prior action of divorce between the parties in this or any other jurisdiction. 7. Defendant has 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. 8. There are two children of this marriage, Rachel M. Rails, born on March 2, 1982 and Ryan E. Rails born on February 23, 1985. 9. Plaintiff and Defendant in this action are not members of the armed services of the United States of America or its allies. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. 10. thereto. COUNT I EQUITABLE DISTRIBUTION The prior paragraphs of this Complaint are incorporated herein by reference 11. During the course of the marriage, the Plaintiff, Irene C. Rails, and the Defendant, Edward F. Rails, have acquired numerous items of property, both real and personal. 12. The Plaintiff and the Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests your Honorable Court to equitably distribute all personal property, both real, personal and mixed, as the Court may deem equitable and just plus costs. Respectfully submitted, r~arry E. Br~ickei~J,r., EsqUire 407 N~!::th-Front'S~eet "~ Hat'~burg, PA 17101 ~ Telephone No. (717) 233-2555 Attorney I.D. No. 07049 IRENE C. RALLS, Plaintiff, EDWARD F. RALLS, Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE I, Irene C. Rails, hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Ir~e C. Rails SHERIFF'S RETURN - REGULAR CASE NO: 2003-00098 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PJILLS IRENE C VS PJtLLS EDWARD F Sheriff or Deputy Sheriff of BRIAN BARRICK Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon PALLS EDWARD F the DEFENDANT , at 2010:00 HOURS, on the 29th day of January at 682 MARKET STREET LEMOYNE, PA 17043 RAY CHIMOCK, ROOMMATE a true and attested copy of COMPLAINT - DIVORCE , 2003 by handing to ADULT IN CHARGE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this ~ l~ day of / 1(~ ~1~'7.~ ~00~ A.D. ~ t~r°~hc~n° t ary/~ So Answers: R. Thomas Kline 01/30/2003//// /~ HARRY L BRICKE~ JR By: /~/~ ~/~: Deputy Sheriff IRENE C. PALLS, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA EDWARD F. PALLS, Defendant : CIVIL ACTION - LAW : IN DIVORCE 03-98 Civil Term AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 7, 2003 and service was macle upon the Defendant on January 29, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from both the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of intention to request entry of the Decree or after waiving said Notice under assigned waiver. 4. 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. 5. 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 made are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Wit n ess: ~"~.,,,-~~ Irene C. Rails IRENE C. RALLS, Plaintiff, · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA EDWARD F. RALLS, Defendant : CIVIL ACTION - LAW · IN DIVORCE 03-98 Civil Term AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 7, 2003 and service was made upon the Defendant on January 29, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from both the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of intention to request entry of the Decree or after waiving said Notice under assigned waiver. 4. 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. 5. 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 made are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Edward F. Rails IRENE C. PALLS, Plaintiff, V. EDWARD F. PALLS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW IN DIVORCE 03-98 Civil Term 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 arid 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. Irene C. Rails IRENE C. RALLS, Plaintiff, V, EDWARD F. RALLS, Defendant : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION .- LAW · IN DIVORCE 03-98 Civil Term 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. Date: ~' 1~-05 Edward F. Rails IRENE C. PALLS, 175-50-7221 Plaintiff, EDWARD F. PALLS, 173-38-6465 Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE 03-98 Civil Term PRAEClPE TO TRANSMIT RECORD TO THEPROTHONOTARY: 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 Complaint: January 29, 2003 via Sheriff's Service (substantiated by Sheriff's Return dated January 29, 2003). 3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by Plaintiff May 7, 2003; by defendant May 6, 2003. 4. Related claims pending: None. 5. Date plaintiff's Waiver of Notice was filed with the Prothonotary: Contemporaneously filed with this filing; projected date of filing is May 21, 2003. Date defendant's Waiver of Notice was filed with the Prothonotary: Contemporaneously filed with this filing; projected date of filing is May 21, 2003. Date Harry L.,..J~ Esq. AttornC-~, for Plaintiff 407 North Front Street Harrisburg, PA 17101 (717) 233-2555 Attorney I.D. # 07049 IRENE C. PALLS, 175-50-7221 Plaintiff, EDWARD F. PALLS, 173-38-6465 Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE 03-98 Civil Term CERTIFICATE OF SERVICE I, Harry L. Bricker, Jr., Attorney for Plaintiff, hereby certify that I have served the attached document by placing a copy of same in the United States mail, first class, postage pre-paid addressed as follows: Edward F. Rails 235 Plum Street Lemoyne, PA 17043 Date Harry L. Bricker,-~Esq. - ~ Attorney~r Pla~ ~.- 407 North Front Street Harrisburg, PA 17101 (717) 233-2555 Attorney I.D. # 07049 IN THE COURT Of COMMON Of CUMBERLAND COUNTY STATE OF .~ PENNA. IRENE C. RALLS Plainitff VERSUS EDWARD F. RALLS Defendant N O. 03-98 PLEAS Civil DECREE IN DIVORCE AND NOW,~ 5 , IT IS ORDERED AND Decreed THAT IRENE C. RALLS , PLAINT{FF, anD EDWARD F. RALLS , 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 ~r OTH 0 N C t~RJy'