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Home My WebLink About98-04424 .... ~ " ..... ..... It I '1:l1 .. ,. () ~I "j ." ~ ~' ~~~, . ,,~j:':J;.. '1W~!, r'i1.::~ .....'., \ i \. ~ _1 . .1 -I ~! . -j ~I ~...I.'. ~. ''J-.1 "','1, ";\ " , \ \ \ \ \ i , . ' ~. ~1 ~' :....\ 'i .' .~.. (.~ (V, C~ c: "i , . ) .. . -. . '-- , -, ~:.J ~~; [!..: .j '- i~. LU w__ I r~ '-'-- .~:: U C"J -< (.-~ 0 0 ~ KATHY DICK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, (!A_~VI~ v. NO. 9'1- JfIj)'Y RICHARD A, BALLE NT , Defendant. CIVIL ACTION--LAW IN DIVORCE NOTICE TO 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 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, Harrisburg, 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, PENNSYLVANIA 17013 TELEPHONE NUMBER (717) 249-3166 OR 800-990-9108 ':"') '. -"' )-- -, , .---5 ,c:; - ?;~ , , I 'i;) c r~:;i 1-: ..'LU "- ~.:.,Jn.. I.~~J ..' ::) LJ 0 '>- c") [::- S~ t>: c , ~"': ,~:-:) :-) :-"" _.. " -:=::i .. ~ , ~"~! I c , --., l ~,~ H: L>-. ., :.......: '" .. , :"1 0 Plaintift: IN THE COURT or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATIIY DICK, v. NO. 98-4424 RICHARD A, BALLENT, Defendant. o c ,., , , , , , .,." , ~ , , . , G . ..) :';','" ;.~ '" t) , , , I .J ',-'1 :~~ '~ :J :.< CIVIL ACTION--LA W IN D1VORCE~r:. :'r ,;, . PRAECIPE TO TRANSMIT RECORD ~-: '._' ':".\ .:,.,"'. :.;.:.. To the Prothonotary: :,'l Transmit the record, together with the tollowing infonnation, to the Court for the entry of a divorce decree: 1. Ground for divorce: living separate and apart for two years under section 3301(d) of the Divorce code. 2. Date and Manner of service of the Complaint: Defendant's former counsel, Matthew J, Eshelman, Esquire signed an Acceptance of Service on behalf of his elient on August 4, 1998, 3, Date of execution of the aftidavit required by section 3301(d) of the Divorce Code; November 2, 2000, 4. Date of filing and service of Plaintiffs Affidavit upon the respondent: The Plaintiff's Affidavit was filed on August 18,2000 and was served to the Defendant by eertitied mail, return receipt requested, restricted delivery to addressee only on August 21, 2000, .' III the COllrt or Cumllloll !'Iells or ctJ~IIIE1U,t\NI> COllllt)'. I'ellllsylvllllia DOMESTIC IU\I.t\TIO;llS SECTIO;Il KATHY E. DICK ) Dlll:kel NUllIher 98-4424 CV Plaimi!'!' ) VS. ) I'ACSES Cas~ NUllIh~r 991100398 RICHARD A, BALLENT ) 0-28004 Dd'clldam ) Olh~r Slale ID NUllIhor Order AND NOW to wit, this NOVEMBER 2, 1998 it is hereby Ordered that: UPON CONSIDERATION OF THE RECOMMENDATION OF THE ALIMONY PENDENTE LITE CONFERENCE OFFICER, THE REQUEST FOR ALIMONY PENDENTE LITE IS DENIED, BY THE COURT: DRO: R,J. Shadday cc: Pet.i.t:l.uner and RespundefJt cc: Gerald S. Rub:I,nson, Esq. \"o:JL<,\ cc: i'latthew J. Eshelman, Esq. 1\!c~':,'--\~'6 -. \\\ JUDGE Sorvice Type M Form OE-OOI Worker J() 21005 KATIIY E. DICK, IN TIlE COURT OF COMMON PLEAS CUMIlERLAND COUNTY, PENNSYLVANIA Plaintiff: v, NO, 98-4424 RICHARD A BALLENT, Defendant. CIVIL ACTION- DIVORCE l'lwor OF SERVICE The undersigned makes the tollowing return ofserviee: the Notice ofIntention and Counter Affidavit of Consent was served upon Richard A Ballent, the Defcndant, on or about October 16,2000 at 52 Burdette Loop, Georgetown, South Carolina, The signed acceptance of service is attached hereto as Exhibit I, SIGNATURE AND AFFIDAVIT I, Gerald S. Robinson, Esquire, certify that I am a competent adult not a party to this action, I verify that the statements made in this affidavit and return of service are truc and correct. I understand that false statements herein are made subject to thc penalties of 18 Pa,C,S, g4904 relating to unsworn talsfication to authorities, Respectfully submitted, Dated: IO/dLllcD By: d S, Robinson, Esquire Attorney I.D, No, 27423 4407 North Front Street P,O, Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney tor Plaintiff Complete items 1, 2, end 3, Also comploto Item 4 If Restricted Delivery is desired, . Print your name and address on the revorso so thot we can raturn the card to you. . Attech this card to tho beck of tho meilploco. or on the front if space permits. 1.'\" 1. Article Addressed 10: ~'\C~5\d A, ~alle.Dl . Sd f.)UI Jfi-1-\-e. L...c:cQ . qea;-~e.,~\ ,::>c QCjLJLD o Ag(!nl o Addressoe DYes o No 3. !rviCO Typo Cortilied Mail Registered o Insured Mail 9 Express Mail ' ~ Return Receipt lor Merchandise : DC.Q,D, 4, Restricted Delivery? (Extra Fee) ".' Ii"."" '~".;., ::fe9;"!', , 2. ArticlR Number hCO~ 'i?71servico label) : ~l.o q f ~ ;;H::;(. , PS Form 3811. July 1999 Domestic Return Receipt l02595.99.M.17B9 EXHIBIT ] 2l B 1 fl9 ('~ ...>.:1 , (Y) :~- i::: ". ~:". ;:.~ ,- l' c.:; ::--j ...... , , ) , .. . 1 ! . .! "__i , " /) , , , " L\...! ei I '. L \,-. ""'.1 ::~') c:. U .,. ltIO"t~7AEV.U7 CCMUOfI'N(.Al TH or rt ~In 'I'l V~~.... O(f1""IT"'(~f Of ~Il' ~"- TIt VITAL REconDS 9P- 'I'1J. / !HATE filE NUMBER cumberland DIVORCE CKl RECORD OF OR ANNULMENT (CHECK ONE) 0 STATE FilE DATE COONlY HUSBAND 197-52-2177 1. NAME (F;rst) /Mtdd(8) /la,t) 2. DATE OF BIRTH 4. PLACE OF BIRTH 7. USUA1. OCCUPATION (Month) (Day) August 20, 1961 IYear) 3. RESIDENCE Richard A. Str88'orR.D. Ballent CIty. Bora. or Twp. County Statl South Carolina (Statl or Forsrgn COunlty) Penns lvania 52 Burdette 5, NUMBER OF THIS MARRIAGE 1 WIFE Cook 171-68-4135 8. MAIDEN NAME (First' (Mlddla) (l.tlt) 9. DATE (Month) (Day) Dick Kath; E. Dick B~HJune 3, 1972 10. RESIDENCE Strestor R.D. City,Boro.orTwp. Counly Stall 11, PLACE tStals or FOrBtgn Counlry) 50 Fairview Street, Carlisle, Cumberland Co, PA ~~H Pennsylvania 12. NUMBER RACE 14. USUAL OCCUPATION OF THIS WHITE MARRIAGE 1 15. PLACE OF Tl-lIS MARRIAGE 17A. NUMBER OF CHILDREN THIS MARRIAGE (Year) Laborer (Coonty) (Statt' 0.' FOrBf{}n Country) 16. DATE OF (Month) (Day) (Year) Tl-l'S May 4, 1998 MARRIAGE DECREE GRANTED TO HUSBAND WIFE OTHER (Specify) 0 00 0 ederick Mar land 176. NUMBER OF DEPENDENT CHILDREN UNDER 18. 1 1 18. PLAINTIFF HUSBAND o 19. WIFE j{] OTHER (Specify) o (Month) (Day) (Yoar) 23. DATE REPORT SENT TO VITA1. RECORDS 21. LEGA1.GROUNDSFOR DIVORCE OR ANNULMENT , vahle (Month) Breakdown (Day' (YSSf) 20, NUMBER OF CHILDREN TO 1 CUSTODY OF 22. CATE OF DECREE HUSBAND o WIFE IXJ SPLIT CUSTODY OTHER \Specllyl . o o 24, SIGNATURE OF TRANSCRIBING C1.ERK .;. ...,-".Vo--- .to. - .s. ,~. c: '. ' ,;"' .~ '~1'1~".' ' .~., , l:'i..,. l' - ',.. ... ", '< #f. ~ '.. ,~ti' ..~"". '.. . ,,{' :i~.;';". ,;l~ .1 . h. r,>i..,l ; ':; , "&'.w}!. (~ ..~ .:\' ,..} ~)~~ ,.",'' ~ i .~'~ ",-' "., ...'...: "I.' .-...~,. ,\,,' ~ :~" "i. fd:'; .' ",- ~,..,~.,.. '.' ,~. ;"f,"!,...{;<l;:,..,...r...: j'(.,:;,W 1J'-, >'f' .";' \ .. ,'M., 1,,' .. ", ~, ~. ".; .;. -, 1/,' .r; ". l~', "~All." ...... .., ................,......."-~ ....I~......,... ...... ...........~.A....'....~~ I', .. ....l(I..lf')rI....",",......,;O,H....to..........."'..........,..",-, ..,,,-,__1-. 'A 'xlI" -, .,..., 'l,q.,., .,.,...-......_........................................"'....1( l. .. "" ...................................................... .o'..."..."...."..................... "';- ~.~,. IN TH E COU RT OF COM MaN PLEAS ~..t.:.; 1. OFcuMBEr~L/,N[)COUNTY ..: t \~ + ~ STATE OF :~"':~~'i~ PENNA, :~ ~ ,'r::Y~';':' ,~' * (n % * ! No, -.2..8.:-44..4.1 ..-Ka,tht--E~Di ck_'__''__.. VERSUS ---=..!li.c,ha.r::.cLA..-BaJ.len t.._,__.., -,"- . . . DECREE IN . . . . . . . . . . . . . . . . . . . . , . . . . DIVORCE AND NOW, ---~- . -.---' IT IS ORDERED AND Kathy E. Dick: , PLAINTIFF, DECREED THAT AND R; rhar.d-A,__Ba,l-lent ,______. DEFENDANT. ARE DIVORCED FROM THE BONDS OF MATRIMONY, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , ttt++ 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; BY THE COURT: ATTEST: PROTHONOTARY . . . .. t.. t... t. +- t.. t + t -1-........ t "" t.. t....... .~~...{:~.. t.. t.,.. t.. t.... t t.. t t.... t.. t.. t t.. t t.. t ++ .. . . .. . . . . . . . . + + + + . + . + + + + + + + . + + . + + + + + J, + . + + + . + + + . . + + + ~'_. '... KATHY DICK, RICHARD A. BALLENT, Plaintiff, : Defendant. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--LAW IN DIVORCE NOTICE TO 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 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, Harrisburg, 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 OH 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, PENNSYLVANIA 17013 TELEPHONE NUMBER (717) 249-3166 OR 800-990-9108 KATHY DICK, RICHARD A. BALLENT, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. yy, V CIVIL ACTION--LAW IN DIVORCE COMPLAINT IN DIVORCE COUN~ I DIVOR~R U~Y~R SECTION ~01~CJ OF~ DIVORCE CODE 1. Plaintiff is Kathy Dick, whose Social Security Number is 171-68-4135, who currently resides at 50 Fairview Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Richard Allen Ballent, whose Social Security Number is 197-52-2177, who currently resides at 82 Linda Drive, Lot #54, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 4, 1998 in Frederick, Virginia. 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. 7. Neither Party is a member of the Armed Forces of the United States or any of its allies. 8. The Plaintiff has been advised of the availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. 9. Plaintiff avers that there is one child to the Parties under the age of 18 to wit: Joshua Aaron Dick, born February 17, 1998. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301(c) of the Divorce code. Respectfully submitted, Gerald S. Robinson, Esquir~ Attorney I.D. No. 27423 ROBINSON AND GERALDO 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania (717) 232-8525 Attorney for Plaintiff. 17110-5320 V~RIFIC~T?ON I verify that the statements made in this Complaint 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. ~~~-~t Kathy D~ , a iff KATHY DICK, Plaintiff, V. RICHARD A. BALLENT, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4424 CIVIL ACTION--LAW IN DIVORCE PROOFOFSERVICE I, Gerald S. Robinson, Attorney for Plaintiff, do hereby certify that on the 4th day of August, 1998, a true and correct copy of the Plaintiff's Complaint for Divorce under Section 3301(c) of the Divorce Code was served on the following individual by U.S Mail. Proof of Service is evidenced by the Acceptance of Service signed by the individual named below and is attached as "Exhibit One". Matthew J. Eshelman, Esquire THE LAW OFFICES OF PATRICK LAUER, JR. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 Respectfully submitted, Gerald S. Robinson, Esquire Attorney I.D. No. 27423 ROBINSON & GEKALDO 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff. KATHY DICK, RICHARD A. BALLENT, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 98-4424 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce for the above matter on behalf of Defendant, Richard A. Ballent, and certify that am authorized to do so. Date LAW OFFICES OF PATRICK LAUER, JR. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 "One" _ I KATHY DICK, Ve RICHARD A. BALLENT, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ CIVIL ACTION--LAW IN DIVORCE MOTION FOR ALIMONY PENDENTE LITE AND NOW COMES, Kathy Dick, Plaintiff, by and through her attorney, Gerald S. Robinson, Esquire, respectfully represents: 1. That by reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation and litigation of her case. 2. The Plaintiff's income is disproportionately lower than Defendant's income, and Plaintiff is without adequate funds to support herself through the litigation of her case. 3. The Plaintiff is employed through ADP Temporary Agency earning approximately $11,361.36 gross yearly. 4. The Defendant is employed by the Olive Garden earning approximately $18,468.60 gross yearly. 5. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. WHEREFORE, Plaintiff requests Your Honorable Court to enter an award of alimony pendente lite in her favor. Respectfully submitted, ROBINSON & GERALDO Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff. VERIFICATION I verify that the statements made in this Motion for Alimony Pendente Liteare 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. CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the i~day of September, 1998, I caused a true and correct copy of the Motion for Alimony Pendente Lite to be served upon the following counsel of record by first class mail by depositing same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania: Matthew J. Eshelman, Esquire 2108 Market Street Camp Hill, Pennsylvania 17011 ROBINSON & GERALDO, Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff. KATHY DICK, : PlaimiffA?etitioner : VS. : RICHARD A. BALLENT, : Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 98 - 4424 CIVIL TERM IN DIVORCE DRg 28004 Pacsesg 991100398 ORDER OF COURT AND NOW, this 9th day of October. 1998, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadda¥ on November 2, 1998 at 2:00 pm for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a tree copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by- Rule 1910.11(c3 (4) verification of child care expenses (5) proof of medical coverage which you may bare, or may have available to yon IF yon fail to appear for the conference or bring the required doculnems, the Court may issue a warrant for your arrest. Petitioner and Respondent ~ cc: Gerald S. Robinson. Esq.--~ cc: Matthew J. Eshehnan ~sq. ' --",2/ I \q~ BY THE COURT, George E. Hoffer, President Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 KATHY DICK, Plaintiff, RICHARD A. BALLENT, Defendant. : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 98-4424 : CIVIL ACTION--LAW IN DIVORCE NOTICE If your wish to deny any of the statements set forth in the 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 May 4, 1998 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 statement 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. Kathy E. Di~,'Plain~iff KATHY E. DICK, RICHARD A BALLENT, Plaintiff, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 98-4424 ; : CIVIL ACTION- DIVORCE PROOF OF SERVICE The undersigned makes the following return of service: the Plaintiffs Affidavit was served upon Richard A Ballent, the Defendant, on August 21, 2000 at 52 Burdette Loop, Georgetown, South Carolina. The signed acceptance of service is attached hereto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Gerald S. Robinson, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service 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 falsfication to authorities. Dated: Respectfully submitted, ROBINSON & GERALDO Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff · Comp~te Items 1, 2, and 3. Nso com~ item 4 if Restricted Deliv~y is desired. · Print your name and eddm~s bn the revers~ so that we can retum the can:l to yo~J. · Attach this card to the back of the mailpiece, - °r °n the fr°nt if space permits~ [] Registered I~ Re~um Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delhi;y? (EX~ra Fee) ~ Yes PS Form 3811, July 1999 Domestic Return Rec~pt . 102595-99-M-1789 KATHY E. DICK, RICHARD A. BALLENT, Plaintiff, Defendant. : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 98-4424 CIVIL ACTION- DWORCE NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301 (D) DIVORCE DECREE TO: Richard A. Ballent, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the Section 3301 (d) affidavit. Therefore, on or after October 30, 2000, the other party 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 or 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 not 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9180 KATHY E. DICK, RICHARD A BALLENT, Plaintiff, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 98-4424 . : CIVIL ACTION- DIVORCE PROOF OF SERVICE The undersigned makes the following return of service: the Notice of Intention and Counter Affidavit of Consent was served upon Richard A Ballent, the Defendant, on or about October 16, 2000 at 52 Burdette Loop, Georgetown, South Carolina. The signed acceptance of service is attached hereto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Gerald S. Robinson, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service 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 falsfication to authorities. Dated: Respectfully submitted, Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attomey for Plaintiff · Complete items 1, 2, and 3. A/so complete item 4 it Restricted Deliv~y is desired. · Pdnt your name and eddrees on the reverse so that we can return the card to you. · Attach this card to the back of the or ~n the front if space permits. A, Received by (/=/ease Print C~edy) B. Date of Delivery 2~=~rt~cle Number qoy, service PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-t789 KATHY DICK, Vo Plaintiff, RICHARD A. BALLENT, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 98-4424 : : CIVIL ACTION--LAW IN DIVORCE AFFIDAVIT OF NON-MILITARY AND NOW, comes Plaintiff, Kathy E. Dick, by and through his undersigned counsel, Gerald S. Robinson, Esquire, and avers that the above named Defendant, Richard A. Ballent is not in the Military or Naval Service. Respectfully submitted, ROBINSON & GERALDO By: Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Attorney for Plaintiff KATHY DICK, Vo Plaintiff, RICHARD A. BALLENT, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98-4424 : : CIVIL ACTION--LAW IN DIVORCE Affidavit of Consent Under Section 3301(d} of the Divorce 1. The parties to this action have never resided together during the marriage and continued to live separate and apart for a period of at least two 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. Section 4904 relating to unswom falsification to authorities. Date: A~cfl/~ ~ (~ Kathy E. Dickq;5~laintiff -- In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KATHY E. DICK Plmn6ff VS. RICHARD A. BALLENT Defendant ) Docket Number ) ) PACSES Case Number ) D-28004 ) Other State ID Number 98-4424 CV 991100398 Order AND NOW to wit, this NOVEMBER 2, 1998 it is hereby Ordered that: UPON CONSIDERATION OF THE RECOb~4ENDATION OF THE ALIMONY PENDENTE LITE CONFERENCE OFFICER, THE REQUEST FOR ALIMONY PENDENTE LITE IS DENIED. DR0: R.J. Shadday cc: Petitione~ and Responden~t cc: Gerald S. Robinson, Esq. cc: Matthew J. Eshelman, Esq. Service Type BY THE COURT: Ke~. Hess, JUDGE Fora OE-001 Worker ID 21005 .... ,~Hu~n3 98 :BI I,t¥ 6- AON 86 A~ViONumZU~__~I,-LL JO KATHY DICK, Vo Plaintiff, RICHARD A. BALLENT, Defendant. To the Prothonotary: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98-4424 : : : CIVIL ACTION-LAW IN DIVORCE~i PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: living separate and apart for two years under section 3301(d) of the Divorce code. 2. Date and Manner of service of the Complaint: Defendant's former counsel, Matthew J. Eshelman, Esquire signed an Acceptance of Service on behalf of his client on August 4, 1998. 3. Date of execution of the affidavit required by section 3301(d) of the Divorce Code: November 2, 2000. 4. Date of filing and service of Plaintiff's Affidavit upon the respondent: The Plaintiff's Affidavit was filed on August 18, 2000 and was served to the Defendant by certified mail, return receipt requested, restricted delivery to addressee only on August 21, 2000. 5. Related claims pending: None 6. Date and manner of service of the notice of intention to file praecipe to transmit record: Certified, Restricted Delivery, Return Receipt Requested on or about October 16, 2000. Respectfully submitted, ROBINSON & GERALDO Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff. KATHY DICK, : Plaintiff : : vs. : NO. 98-4424 : RICHARD A. BALLENT, : Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, this [ ~ ~ day of November, 2000, upon consideration of Plaintiff's praecipe to transmit record, and it appearing that (a) a divorce decree is being sought under Section 3301 (d) of the Divorce Code, that the complaint in this case sought a divorce decree under Section 3301(c) of the Divorce Code, and that the complaint has not been amended, (b) that the file contains a request for counseling filed by Defendant on August 4, 1998, which was not acted upon pursuant to Pennsylvania Rules of Civil Procedure 1920.45 and 1920.12(8) and 23 Pa. C.S. 3302, and (c) that papers have been served upon Defendant directly notwithstanding an acceptance of service of the complaint by Matthew J. Eshelman, Esq., and the absence ora motion to withdraw on the part of Mr. Eshelman pursuant to Pennsylvania Rule of Civil Procedure 1012, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiencies and file a new praecipe to transmit record. Gerald S. Robinson, Esquire Robinson & Geraldo 4407 North Front Street P. O. Box 5320 Harrisburg, PA 17110 BY THE COURT, J';esl~O~~d/~ ,~ II 'IL'O0 VIFNA-1~,$NN3d Matthew J. Eshelman, Esquire The Law Offices of Patrick Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 :rlm KATHY DICK, PLAINTIFF RICHARD A. BALLENT, DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN DIVORCE NO. 98-4424 AFFIDAVIT OF CONSENT 1998. 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 31, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. I verify that the statements made in this 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. Date J-'--~/'-~" /.,f' Richard Ballent Defendant KATHY DICK, PLAINTIFF RICHARD A. BALLENT, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 98-4424 DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301{c) OF TIlE DIVORCE CODE 1. i consent to the entry of a final decree of d/vorce without notice- 2. I understand that I may lose rights conceming 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 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. Richard Ballent Defendant RECEIVED JAN 1 KATHY DICK, PLAINTIFF RICHARD A. BALLENT, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 98-4424 DIVORCE CERTIFICATE OF SERVICE I, Elisabeth L. Rowley, hereby certify that on this 1st day of February 2002, I am serving a true and correct copy of Defendant's Affidavit of Consent and Defendant's Waiver of Notice of Intention to Request Entry of a Divorce Decree Under §3301 (c) of the Divorce Code on Robert J. Mulderig, Esquire, at the following address: Turo Law Offices, 28 South Pitt Street, Carlisle, PA 17013, by first class U.S. mail. FAMILY LAWCLINIC 45N. Pi~ St. Carlisle, PA 17013 717-243-2968