Loading...
HomeMy WebLinkAbout98-00102 , ~'~'*'~"~'~_"~"~"_:~'~e___~~_~')::~~~::~;~_:~':~:~~ ii! -~ ~ ~ ~:~, ~ &:I ~ IN THE COURT OF COMMON PLEAS : ~ ~ ~ ~ ~ ~ ~ ~ .'~ ~ ,'. ~ w. :'; ,;, ... ~I\ .', ~ ,;, ~ ,', ~ ," ~ OF CUMBERLAND COUNTY STATE OF ~ ;t~.. . 'r. ,I. ,l ,'''',-,\,,!<.'~ PENNA. ~ i; ~ ~ ~ 8 ~ ~~ ~ *- ? ~ r-: ,', ~ ~ ~ ~ (; r-: ~ ~ Ali~~i'?3'" . ..i * ~ .,..,. ~ .. ...... . Prothonotary ~ t,_. -:.:- ,>>:' -:+:. -:+:. ~.:' .>>:. .:.:. .:.:,~~.;:-::;;:-::;::-.i:.-::;:.-::.::'::.:.'::+::-::+:.{.;.-".:+:: ::.;:::.:. ::+::. ':+::-::.:;--':.~":~; CAROLL L, Mo::LIMANS ( ...................... ~ I: :1 :1 :1 N (), .....~~::J.R:?S:~v~L.......... 19 ........................... ...1'1a.i.11t:~n Vel'fiUS ......P'lliTh!'?,.t:lcq,~s( . .. ........Defendant. ... DECREE IN D I V 0 R C E ck~'~f~' AND NOW, .....~,..~..". 19~t., it is ordered and decreed that .... .~~ .~". ,11~~~. . . . . , . . . . . . , ., , ". . . , , . " plaintiff, and. f........., ..~~,~:.~~~~.......................... 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 .......... ...... .......... .... .......... ...... 0" o. 0" .... ...... ........ 0', n y T h I" ~ .;; ~ ,'. ~ ~ ~'. .;; ~ ,', ~ ~', ~ .'. ~ ,', ~ ,', ~ ~ ~.~ ,', ~ f.~ ,', ~ ,', ~ ~ ~ .:., ~ " ,', ~ ,', ~ w ~.~ *. ~.~ ~.~ ~ ~ " ~ ... ~ '.' ~ $ ~ ',' * .', ~ .. -i..x4F ()vI,~~JJ/-d, 4 ~Jc; ?',;;s '9~ )1~ "ua",ff,,/.g ~. '~ , , V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE CAROLL L. McCLIMANS, Plaintiff DARYL S. McCLIMANS, Defendant NO. 98-102 Civil PRAECIPE TO TRANSMIT RECORD 1. Ground for divorce: irretrievable breakdown under Section 3301(d)(1) of the Divorce Code. 2. regular January Date and manner of service of the complaint: and certified mail, restricted delivery, received on 14, 1998; 3. Complete either (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: nla (b)(1) Date of Execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: May 18, 1998 (b)(2) Date of service of the Plaintiff's affidavit upon the Defendant: June 4, 1998 4. Related claims pending: No related matters pending. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: certified mail, restricted delivery, mailed on June 3, 1998 and received by Defendant on June 4, 1998. 6. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached if decree is to be entered under section 3301(c) of the Divorce Code: nla OR, date of execution of Waiver of Notice of Intent: nla AND date of filing of Waiver: nla ~FG-~,-- k Q~~u Attorney for Plaintiff .. ~ " CAROLL L. McCLIMANS, plainUff: HI '1'Im COUl~'1' OF COMMON PJ.EAS OF CUMBERLAND COUNTY, PENNSYLVANIA --~ .' , v, CIVIl. AC1'ION - InVORCI~ DARYL S, McCLIMANS, Defendant NO, 90-102 Civil NOTICE OF INTENTION TO REQUEST ENTRY. OF DIVORCE DECREE TO: Daryl S. McClimans, Defendant 106 Orchard Street . Mechanicsburg, FA 17055 You have been sued in an Action for Divorce, You have failed to answer the complaint or file a counteraffidavit to the plaintiff's affidavit. Therefore, on or after June 26;' 1998, the plaintiff can request the court to enter a final decree in divorce, If you do not file with the prothonotary of the court an answer with your signature notarized oc verified or a counter- affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice, Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief, The filing of the form counter-affidavit alone does not protect your econolllic claims. YOU SHOULD TAKE TillS PAPER '1'0 YOUR l,/\WYER A'l' ONCE, IF YOU DO NOT !lAVE A LAWYER OR CANNO'I' AFFORD ON)!;, GO '1'0 OR TELEPHONE 'I'IIE OFFICE SE'l' FOR'l'!1 BEf.OW '1'0 FIND OUT WIlER)!; YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, FA 17013 Telephone: (717) 249-3166 Date: June 3, 1998 c----L ...~ -<~~GNvJ<-~~t' rYdv Stephe K, portko, Esquire Attorney for Plaintiff, Caroll L, McClilllans '. . I i !!;!:\\;~ffl.,ii~".':'.;,,~):. :. ,.':::;: ,~"~,,::\,:;~:..,, ': . " ,....-... CAROLL L, McCLIMANS, Plaintif:f: IN 'rilE COUH'r OF COMMON PLElIS OF CUMDEHLlIND COUNTY, PENNSYLVANIlI v, CIVIL lICTION - DIVORCE DARYL S, McCLIMANS, Defendant NO, 90-102 Civil NOTICE TO' 'l;HE DEFEtlDMIT 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 SECTION 3301(d) OF THE DIVORCE CODE 1, The parties to this action separated on September 21, 1995, and have continued to live separat~ 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 if I do not claim them before a divorce is granted, I verify that the statements lIIade in this lIffidavit are true and correct, I understand that false statelllents herein are made subject to the penalties of 19 Pa, C,S, Sec, 4904 relating to unsworn falsification to authorities, Date: .(.,-. u: 'It'-- (ia 'IN I .i')il' /i/;~,'j I/} ,.,.. Plaintiff -.... ' I', '.. ".- . " CAROLL L, McCLIMI\NS, PlaintiH IN '['liE COURT 01" COMMON PI,gI\S 01" CUMBERLI\ND COUNTY, PENNSYLVI\NII\ V. CIVIL I\CTION - DIVORCE DI\RYL S. McCLIMI\NS, Defendant NO, 90-102 Civil DEFENDI\NT'S COUNTER-I\FFIDI\VIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1, Check either (a) or (b): (a) I do not OppOSB 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. _Iii) The marriage is not irretrievably broken, 2, Check either (a) or (b): (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 or property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. 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 f~lsification to authorities. Date: Defendant NOTICE: IF YOU DO NO'!' WISH TO OPPOSE TilE ENTRY OF 1\ DIVORCE DECREE AND YOU DO NOT WISH TO MAKE l\NY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-I\FFIDAVIT, ';'), tJ)' 'l1- (; ~. ,,- cr. =)~ u-,Q ~=' 7- c_-"t- -r... ~.J ...~ p,: .' od i.':i~ .I_[!:: 0("", _"T' ...::;1~ ~\r: " - C~-~ ,~ ~- II u:~V (.!: ~JU.J ::::> g~O- r.:: oCt ~ o::J ::.> iT> U CAROLL L. McCLIMANS 1 plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO.qr-loL ~ VB. DARYL S. McCLIMANS, Defendant 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 with your children. When the ground 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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. IP YOU DO NOT HAVE A LAWYER OR CANNOT APPORD ONE, GO TO OR TELEPHONE THE OI!'l!'ICE SET PORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 (717) 697-0371 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE No. '1i./ 02 Cu.:.u -rJ/......... ...... . CAROLL L. McCLIMANS, Plaintiff vs. DARYL S. McCLIMANS, Defendant COMPLAINT COUNT I SECTION 3301(c) OF THE DIVORCE CODE OF 1980 1. Plaintiff is Caroll L. McClimans, an adult individual who currently resides at 139 W. Vine Street, Shiremanstown, Cumberland County, pennsylvania 17011. 2. Defendant is Daryl S. McClimans, an adult individual who currently resides at 106 Orchard Street, Mechanicsburg, Cumberland CountYI Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the .filing of this Complaint. 4. Plaintiff and Defendant were married on December 5, 1986. 5. There have been no prior actions for divorce or annulment between the parties hereto. 6. Plaintiff avers that Defendant is not in any branch of the Armed Services. 7. This action is not collusive. 8. The marriage is irretreivably broken. -1- " ," ; I , , l 1 ~ 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE 1 Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant from the bonds of matrimony. COUNT II SECTION 3301(d) OF THE DIVORCE CODE 10. Paragraphs one through nine of this Complaint are incorporated herein by reference as though set forth in full. 11. The parties are now living separate and apart; at the appropriate time Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretreivably broken. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant from the bonds of matrimony. Date: ,;~ fqf< I . Respectfully submitted: BRATIC & PORTKO c:-1, By: ~'()~I.,-lC,~~) step~K. portko, Esquire 101 South Route 15 Dillsburg, PA 17019 (717)432-9706 I.D. No. 34538 Attorney for Plaintiff -2- :" . '. VERIFICATION I, caroll L. McClimans hereby acknowledge that I am Plaintiff in the foregoing Divorce Complaint, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. tIiA~of!%c-ftu~tUu) Caroll r.. 'McClimans Date: January 6, 1998 V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 98-102 Civil CAROLL L. McCLIMANS, Plaintiff DARYL S. McCLIMANS, Defendant NOTICE TO THE DEFENDANT 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 SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on September 21, 1995, 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 1 lawyer's fees or expenses if I 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 19 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: /j-t8-'/6 (}Up/f ).>Rcnr~(tj!lmIMtliJ Plaintiff - , ." . ".,~ . ; ?E. 1- ~~;J.... 'c ,-?-: ~IL".~I ....J , . ~... u:~l: C." ~l.. 1-' IL o i' " "'I c:: 0: ~ ;?o:r: ~;E c~~ ~;"OtJ) ::Jz Hi(fj Q1U. -<: ::l U .... ., ." '"'.. -, ("'J en ., "' CAROLL L. McCLIMANS, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE DARYL S. McCLIMANS, Defendant NO. 98-102 Civil CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 3rd day of June, 1998, the attached NOTICE OF INTENION TO REQUEST ENTRY OF DIVORCE DECREE, AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE, and COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE was served upon the defendant by depositing the same in the U.S. Mail, postage prepaid, addressed to: Daryl S. McClimans 106 Orchard Street Mechanicsburg, PA 17055 Date: Co /o3!9B ~ ~ S~~;;kO J DRATIe AND PORTKO Allorneys 01 Law 101 OFFICE CENTER, SUITE A 101 SOU'rlI U.S. ROUTE 15 nlloLSBURG, PENNSYLVANIA 17010 .'~ DUSAN DRATlC, ESQ, STEPHEN K. PORTKO, ESQ, (717) 432-9706 (717) 432-2538 FA){ (717)432-9220 June 3, 1996 Mr. Daryl S. McClimans 106 Orchard street Mechanicsburg, PA 17055 RE: McClimans vs. McClimans; Action In Divorce Dear Mr, McClimans: Enclosed for service upon you in accordance with the Pennsylvania Rules of Civil Procedure are the following: 1. Notice of Intention to Request Entry of Divorce Decree 2. Affidavit under Section 3301(d) of the Divorce Code 3, Counter-Affidavit under Section 3301(d) of the Divorce Code 4, Certificate of Service Very truly yours, ~..t (~ -J'" C '. I ,..."" . " IV",- I. step~n K, PO~~6 ~) SKP/rsr Enc, CERTIFIED MAIL, No.: P 636 041 940 V. IN 'rilE COURT OF COMMON PLEAS OF CUMDERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 98-102 Civil CAROLL L. McCLIMANS, Plointirr DARYL S. McCLIMANS, Dorandont NO'I'ICIi: '1'0 'l'IIF. DEFENDANT If you wish to dony any of the statements set forth in this Affidavit, you must file a counteraffidavit within twenty (20) days aftor this Affidavit has been served on you or the statements will bo admittod. PLAIN'I'IFF'S AFFIDAVIT UNDER SECTION 3301 (d) OF 'l'IIE DIVORCE CODE 1. Tho parties to this action separated on September 21, 1995, 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 if I 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 19 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: fj -Il; 'If" //7 I N( ),l') )(' /'; n>/i 1.'.':' Plaintiff - '-,.-' ..'1 ,., :"1 I -- v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE . CAROLL L, McCLIMANS, Plaintiff DARYL S, McCLIMANS, Defendant NO. 98-102 civil NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Daryl S. McClimans, Defendant 106 Orchard Street Mechanicsburg, PA 17055 You have been sued in an Action for Divorce. You have failed to answer the complaint or file a counteraffidavit to the plaintiff's affidavit. Therefore, on or after June 26; 1998, the plaintiff can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized oc verified or a counter- affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already' filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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) 249-3166 Date: June 3, 1998 ''''f',v' l< :='-' f~. I _.\2N '-! ' V Stephe K, portko, Esquire Attorney for Plaintiff, Caroll L, McClilllans . .._-.._.."_.~......,-..-~ . ;;-i..viV:~\':",~.:,.;:~ . " . "'..'::;1,~;'~;~':'~~:'~"~', '!~~'" '-00 _ ...... ...- V. IN 'l'IIE COURT OF COMMON PLEAS OF CUMDlmr,AND COUN'rv I PENNSYLVANIA CIVIL ACTION - DIVORCE CAROLL L. McCL1MANS, I'lainU rr. DARYL S, McCLIMANS, Dofondant NO. 90-102 Civil NO'l'ICE '1'0 'l'HE DEFENDANT 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 statoments will be admitted. . . PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on S~ptcmbor 21, 1995, 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 1 lawyer's fees or expenses if I do not claim them before a divorce is granted, I verify that the statements made in this Affidavit arc true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa, C,S. See, 4904 relating to unsworn falsification to authorities. ? . . .."' Date: .(;-u= 'I,t, ((l'IN, ,.l~))/'(ifIIi'/))!,.I) Plaintiff '. CAROLL L, MCCLIMANS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - DIVORCE DARYL S, McCLIMANS, Defendant NO, 98-102 Civil DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1, Check either (a) or (b): (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, ____Iii) The marriage is not irretrievably broken. 2, Check either (a) or (b): ____(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 or property, lawyer's fees or expenses or other important rights, I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party, If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay, 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: Defendant 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. CAROLL L. MCCLIMANS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE V. DARYL S. McCLIMANS, Defendant NO. 98-102 Civil DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. ~(b) I oppose the entry of a divorce decree because [Check (1), (ii) or both] ____ (i) The parties to this action have not lived separate and apart for a period of at least two years. ~(ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property 1 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 or property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. 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: h - P- ?'f ~4 /1.?-- Defendant 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. SWOR~ D SUBSCRIBEO TO BEFORE_~E. NOTARIAL SEAL ;'1 THI y 9lW- CATHY I,. YOUNGBLOOD, Nolary Public Camp Hili Bora. Cumberland Countj My C0f!lll11ssIon ExpirE'S Jl!n~ 22, 19911 ..._......._---~---........ _.... ,. ~' :~, :W ~t '.. ,I CAROLL L. MCCLIMANS, Plaintiff V. DARYL S. McCLIMANS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 98-102 Civil AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF YORK ) Stephen K. Portko, being duly sworn, upon oath, deposes and says as follows: 1. I am the attorney for Plaintiff in the above-entitled cause. On January 12, 1998, I caused to be transmitted, by regular mail and by certified mail, restricted delivery requiring a signed receipt, a copy of the Divorce Complaint filed in this action to the following: Daryl S. McClimans. AND that I thereafter received from the Postmaster, a return receipt bearing. the notation "Date of delivery: January 14, 1998." A copy of my transmittal letter dated January 12, 1998 and the official return receipt is attached hereto. 3. I further depose and say that on June 3, 1998, I caused to be tranmitted by certified mail, restricted delivery requiring a signed receipt, a copy of NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE, AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE, and COUNTER-AFFIDAVIT UNDER SECTION 3301(d) filed in this action to the following: Daryl S. McClimans. AND that I thereafter received from the postmaster, a return receipt bearing the notation "Date of delivery: June 4, 1998." A copy of the official return receipt is attached hereto. MDLiU,JZ~~ , Stepheh K. Portko - SWORN to and subscribed before me this /3 tL day of /1...~....,.t- 19'W. ~~. Notarial Saal . ' Rldar, Notary Public OIl/Iburg 80ro, York COllnly My Comrnlssron Explras Fab. 12, 2001 Mlmber, Pennsylvania Association 01 NOlarles ~'..... . . ...'l<~:t::~. . I ..... ..... DRATle AND PORTICO Allorn'e)o' 0/ Law 101 OFFICE CEN'rER, SID'l'E A 101 SOU'rII U,S. nOUTE 15 OTI,LSBURG, PENNSYLVANIA 17010 ;.,." DUSAN DRATlC, ESQ, STEPUEN K. PORTKO, ESQ. (111) 432.9106 (117) 432.2538 FAX (111) 432.9220 June 3, 1990 Mr, Daryl S, McClimans 106 Orchard street Mechanicsburg, PA 17055 RE: McClimans vs, McClimans; Action In Divorce Dear Mr, McClimans: Enclosed for service upon you in accordance with the pennsylvania Rules of Civil Procedure are the following: 1, Notice of Intention to Request Entry of Divorce Decree 2, 3, Affidavit under Section counter-Affidavit under Code 4. Certificate of Service 3301(d) of the Divorce Code Sec tioP';.33,O 1.(dLoLth~-,g ~~I:~9.~".,~......,,~~~: I ,:I ."'.~ - .~Ul ,.'. ....... ".,.... :f r:f ~>i"'~C~J,Y?'FiB:~t9:\tt r))~.' [f~! ~ /:~'o !.0;~ ;?\t~'r~':t.~!,;i'j;~f Jlil'~ I ::: ;;; ::'?il:j(:::,::Y!::'~4> .~.~ llt ~~ ........ .'.' '. .'1 '. c'. !:'.....,..O.,.", il ".'.8 I."..~ " ::~ ,:::-:::~ ";i:~;~:::'~~~:'<o0 ;tls's;i' (; ~.::~, '. '::~a. :'/:,'.f'-'~_,}r: ":":';.>~;';i:< }n& :~';CI.;;t1. )1 _"'lQ'-":-"'.. ""'1':"'0 V"':"'."1'[""'0",-, "'l<3i'lI(, .5'F ;.. :.,'.:0 -:-", .'::'. ,':;i"..~;. .~.........:.P.,,:....~:..;8... ."'1.. . 'li.,,;,.:.. (1 ,,_ . ... '..,A ..... .',. ,". '<j'Y:.",,""'" FI~" l~:.l' ",;"i?:@}ii;;~'r{t:{! Y..' i. ,. __,,' ,. ..,( q,'. ,... ,,~"'.. il \~ \:.... , ~_: ''-':',.,-"::'''';;:'''_':..'-.-.~:::3.~;t-~;v': ti~ ' . ~ '~:~... .,tt: ....,;B.."....;;;'P;;"": i',_. Li;:: '}{) i~ -~:' ,.:'ti,'~:"S\~.i,;.:>; ~l'- ;~ ~. ,'-1,:/:::. :~': f"t);i;':..~ ....;;,~;l~;.'t?/ ~~1~ Y". F-'\ ,.0,." ".,~...",,",-!,,< "'I ,.'t!l i >. ~;iWS'\'~ . ... ('1 .-.,..'''i!..... ..~ 0~ r- '; ~': '~<"';\';: 1$ 1 ' . ". . :-.... "c... '/'''.,~,i'i .~i)~' l . ''';-\.i.,-...,:..;-;;.t',,;';;'~;'!''-l:r': '(J":l_ ,. >~.:i\; i= ' \:~.'" .' ~i:=......' \ . m-,- , n.- . L :a . 1'2- ~ ill a ~ Very truly yours, ("~ r~3,^{.-c",-.__ \ ([~~) stepnen K, potCk SKP/rsr Enc, .. "'f-:'" CEWVIFIED MAIL, No,; P 630 041 940 ,,'.-...,.,''''"''''....-.....-.."'....-.'" ,..,'..... .."~j,"j~^ ,;.1 ;! ;'.' , l; , ,. ! >- .?= .1:' .~ ii, :?.: ..... .01 -, ~ ~Q .()~ = :;.: u:,;: p'=U . :I' ..;J;' 'C\::: g~ ~- ..- ,,' -'" 'I~Vl ~lbj - _;'.L_ cELLI: (,!l n:z U.IUJ. F' =' C~D- <t , ~. ,>. en ::.J 0 CT\ U CAROLL L. MCCLIMANS I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA V. I . . I DARYL S. MCCLIMANS . NO. 9B-102 CIVIL TERM . . CIVIL ACTION - DIVORCE . ORDER OF COURT AND NOW, this 19th day of AUGUST, 199B, it appearing to the Court that Defendant has filed an affidavit objecting to the entry of a divorce decree on the grounds that the marriage is not irretrievably broken a hearing is required by Section 3301(d) of the Divorce Code [23 Pa, C.S.A. S 3301(d)] scheduled for Monday. Auau.~ 24. 1998. at 3:30 D.m. in Courtroom . 5. Edward E. Guido, J. Stephen K. portko, Esquire For the Plaintiff C-<...,l..:""'; r>'~^-- 'iJ jn 1'1 g . u .oIt,1", Daryl S. McClimans Isld ~ , t \; , . !>\ < i'.' i ,'''\ DARYL S McCLIMANS 106 ORCHARD ST. POBOX 1325 MECHANICSBURG I'A 17055 AUGUST 24, 1998 EDWARD E. GUIDO. JUDGE ONE COURT HOUSE SQUARE CARLISLE PA 17013 . ! RE: Caroll L McClimans vs. Daryl S McClimans. Divorce Hearing Your Honor: I was surprised by the very short notice to attend this Hearing. The notice delivered by mail. provided less than 3 business days to prepare; Because I was in Virginia. the fax and telephone messages of the previous day provided no additional notice. I may misunderstand the circumstances. but I find it frustrating that the dissolution of a marriage. my marriage. appears to be taken so lightly. Unfortunately, in our Country and for our Country, it is much easier to deny or to disavow ones oath ofa lifetime than it is to honor it; easier to destroy a marriage than to become entwined in one. Marriage. being the very foundation ofa healthy society. is being literally destroyed by every means possible. Society is paying a horrendous price for ils "throwaway" mentality; paying a horrible price for its lack of integrity. It is not necessary to recount in delail what the police. hospitals and of course this very court witness. almost daily, as a result of our society endorsing destruction of that which God Himself ordained as good, holy and the very foundation of civilized society. We have made a covenant, an oath of which God is the primary witness, into nothing more than an economic convenience. Someone may retort that God is irrelevant in Court. Oh really? We know that a jury consists of 12 individuals, but do we know why? What a humanly illogical number. Twelve is God's perfect number, His number of justice and wisdom... And by Whose name do we call upon, swear upon. in court to telllhe truth? The wisdom of our forefathers dictated God to be relevant in Court. Still some say God is irrelevant.....and yet we wonder why teen suicide is epidemic. why kids kill kids, why sociely hurts so badly. Your Honor. in every marital difliculty there is more than enough responsibility for each party to assume. I know that 1 am responsible for more than my share of grief. What is more. we have insufficient time to enunciate all of my failings. but I freely admit them. Caroll. probably has a few shortcomings too. I have no intention ofrnaking the past an issue, A Vulture seeks the dead and rotting and finds it however, the honeybee seeks that which is fresh and sweet and linds what it is looking for too. My preference is to seek the fresh and sweet. '. . . My declaration is that I do not believe the marriage between Caroll and myselflo be damaged beyond reconstruction, Your Honor, on May I 80th at approximately II :30 AM, I asked Caroll what eould be done to work things oul between the two of us, as it was my greatest desire to make amends. Caroll responded that counseling by a man named Clinard Ashe 111 would be acceptable to her. While her suggestion of counseling olTered the hope I've prayed lor. the suggested counseling source has a history of moving people toward divorce, My hcart is fixed toward reconciliation. Thus. this source was unacceptable, Clearly, Caroll's response was not that of one who felt our situation to be irreconcilable, Caroll held hope in the form of counseling; this was expressed at the very same time that divorce was being requested by Carollo Frustmtion over a lack of probrress. although understandable. is very different than declaring to be irreconcilable. I merely ask that counseling be done by qualified professionals. It is therefore my request that you deny divorce and order marriage counseling by competently trained professionals to be undertaken and paid for equally, by each of us.. May I suggest Shepherds Touch Counseling Minislry of2384 New Holland Pike, Lancaster, PA 17601 (phone 717-656-4834) as suilable counselors'? Shepherds Touch has approximately 10 counselors who have Masters Degrees in their fields or are pursuing such; Mr. James Johnson. who is the Director, is a licensed social worker and holds a Doctorate in Family Ministries. It is past time that someone make a stand and strive for Integrity, for Fidelily, for Belter and for Worse, for Richer and for Poorer. I am not here to point a finger nor argue responsibility for this mess, but to hold out my hand, once again. in favor of reconciliation and reconstruction. Respectfully submitted, Q/A~ Daryl McClimans CARROLL L. McCLIMANS, : IN THE COURT OF COMMON PLEAS OF Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA v. . . DARYL s. McCLIMANS, : Defendant: 98-0102 CIVIL TERM IN RE: FINDING OF FACT ORDER OF COURT AND NOW, this 24th day of August, 1998, after hearing, the Court determines that the marriage is irretrievably broken. By the Court, Edward E. Guido, J. . :lkt Ml'dL.sP 9 -:[0 .9e, - l-l'-T Stephen K. Portko, Esquire COUNSEL FOR PLAINTIFF Daryl S. McClimans 1 Pro se '. :~'.'