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HomeMy WebLinkAbout03-1322 SAIDIS SHUFF, FLOWER & LINDSAY A*rroRNEYS*AT*LAW 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY A. MARTIN, Plaintiff V. BRENDA G. MARTIN, Defendant 2003 - /3..v_~ ~ CIVIL ACTION - LAW (In Divorce) NOTICE 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 Court House, High and Hanover Street, Carlisle, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 24%3166 Date: S AIDI~~, .F, FLOWER & LINDSAY ~'~-~ '~"L~ndsay Gin~l-icl~Mltclay, Esqu~r-e d Supreme Court ID # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY A*I*rORNEYS*sATsLAW 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY A. MARTIN, Plaintiff Mo · BRENDA G. MARTIN, · Defendant · No. 2003 - ]/3 & ~- CIVIL ACTION - LAW (In Divorce) COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaimiff is Larry A. Martin, who currently resides at 2536 Ritner Highway, Lot 106, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Brenda G. Martin, who currently resides at 17705 Mill Drive, Mercersburg, Fulton County, Pennsylvania. 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 June 18, 1998 in Hagerstown, Washington County, Maryland. 5. Plaintiff and Defendant have been living separate and apart since February 3, 1999. 6. There have been no prior actions of divorce or for annulment between the parties. 2 SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEY~+AT*LAW 26 W. High Street Carlisle, PA 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. See Plaintiff's Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. The marriage is irretrievably broken. The foregoing facts are averred under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, thereby divorcing Plaintiff and Defendant from the bonds of matrimony. Date: ~ 15 ~ 10,3 By: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY CLear'say-ding,ch MaRy, Esquire Supreme Court ID # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff 3 Exhibit "A" SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS*AT*LAW 26 W. High Street Carlisle, PA AFFIDAVIT I, Larry A. Martin, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. Dated: ~n, Pl~aintiff~~fi~ SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS*AT.LAW 26 W. High Street Carlisle, PA VERIFICATION 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. Dated: Larry in, Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATrORI~YSoAT.LAW 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY A. MARTIN, Plaintiff V. BRENDA G. MARTIN, Defendant No. 2003 - 1322 CIVIL ACTION - LAW (In Divorce) CERTIFICATE OF SERVICE AND NOW, this 31st day of March, 2003, I, Lindsay Ginghch Maclay, Esquire, hereby certify the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on March 28, 2003, but actual service took place on March 29, 2003, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail - Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Ms. Brenda G. Martin 17705 Mill Drive Mercersburg, Pennsylvania 17236 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY dsa-y Git~ri~h lV~clay, Esquir~ Attorney I.D. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff Exhibit "A" r',- i'1-1 r i.n ~-~ Postage $ ~-i r-i I~ Certified Fee Return Receipt Fee (Endo.~nent Requl.~ Rest~-'ted Delivery Fee (End~ Requlmd) nj Tetal Peerage & Fees · 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: 1 A. Signature I x ~' fl ~ '~ --"' [] Agent I B. R~eiv~ by (F~nt~ Name~ . IC. Date of Delive~ I~. Is ~liv~ ~ differ f~ item 17 ~ Yes J If YES, enter delive~ addm. below: . ~ No I ~. ~Ce~ifi~ Mail D ~pmss Mail ~ R~iste~ ~ Return R~eipt for Memhandise D Insur~ Mail ~ C.O.D. 4. Restrict~ Deliver? (~m F~) 2. Article Number ('rransf~r from service/abe/) [~es PS Form 3811, August 2001 102595-02-M-0835 Domestic Return Receipt SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY A. MARTIN, Plaintiff BRENDA G. MARTIN, Defendant No. 2003 ~ 1322 CIVIL ACTION - LAW (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 26, 2003. The marriage of Plaintiff and Defendant is inetrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. 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: 7/~//t~ ~'~'~"~ d ~ LARR~frA. MARTII~, Plaintiff S~wonl to an¢~,ubscrJ,bed hffore me this ,~[~' day/~f~.. '~..: ~,,/' ,' ,2003. NOT~ AL 8~L RENEE L. MURKY, ~ P~ [ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY A. MARTiN, : Plaintiff : BRENDA G. MARTiN, : Defendant : No. 2003 - 1322 CIVIL ACTION - LAW (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose fights 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 I further understand 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 Waiver are tree and correct to the best of my knowledge, information, and belief. 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: LARRY'. MAP~TIN, Plaintiff SAIDIS SI-lUff, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY A. MARTIN, : Plaintiff : BRENDA G. MARTIN, : Defendant : No. 2003 - 1322 CiVIL ACTION - LAW (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 26, 2003. The marriage of Plaintiff and Defendant is irretrievably broken and rdnety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are tree and correct to the best of my knowledge, information, and belief. 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. BRENDA G. MARTIN, Defendant Swo~ to and subscribed before me this ~t't day of ~)t.~l ta ,2003. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY A. MARTIN, Plaintiff BRENDA G. MARTIN, Defendant No. 2003 - 1322 CIVIL ACTION - LAW ,(In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 fights 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 I further understand 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 Waiver are true and correct to the best of my knowledge, information, and belief. I understand Ihat false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: BRENDA G. IV.[ART1N, Defe'fidant SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Sireet Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARRY A. MARTIN, Plaintiff V. BRENDA G. MARTIN, Defendant (lin Divorce) PRAECIPE TO TRANSMIT RECORD No. 2003 - 1322 CIVIL ACTION - LAW TO THE PROTHONOTARY: Please transmit the Record, together with the following information, to the Court for entry ora Decree in Divorce: Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. Date and manner of service of the Complaint: Defendant was served via Certified Mail, Return Receipt Requested, Restricted Delivery, by singing the Domestic Return Receipt on March 29, 2003. A Certificate of Serivce is docketed at the above-captioned term and number, verifying same. As required by Section 3301 (c) of the Divorce: Code, Plaintiff executed and filed his Affidavit of Consent on July 31, 2003. As; required by Section 3301(c) of the Divome Code, Defendant executed her Affidavit of Consent on July 24, 2003. Her Affidavit was filed with the Court on July 30, 2003. 4. Related claims pending: None. Plaintiff's Waiver of Notice under Section 3301(c) of the Divorce Code ~vas executed and filed on July 31, 2003. Defendant's Wavier of Notice under Section 3301(c) of the Divorce Code was executed on July 24, 2003, and subsequently filed on July 30, 2003. Respectfully Submitted, s^x )s, s.um FLowE & LXNr S^¥ ~5i--r~dsay Gin r fihaclaXy~,Esquire[ Attorney I.;.~2. 87954 26 West High Street C, arlisle, Pennsylvania 17013 ('717) 243-6222 Attorneys for Plaintiff iN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNtY STATE Of PEN NA. Larry A. Martin Plaintiff VERSUS Brenda G. Martin Defendant NO. 2003-1322 (civil Action-Law) DECREE IN AND NOW, DIVORCE DECREED THAT Larry A. Martin Brenda G. Martin AN D , IT IS ORDERED AND , PLAINTIFF, , 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 BY TH~ Court: /; /' ATTEST: PROTHONOTARY