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HomeMy WebLinkAbout03-1453PENNY RADLE, DAVID RADLE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · No. 03- 1 t~ Civil Term · Civil Action - Law · Divorce NOTICE TO DEFEND AND CLAIM OF RIGHTS You have been sued in Court. If you wish to defend against the claims set fourth 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 County Courthouse, 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 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, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNY RADLE, Vo DAVID RADLE, : No. 03- Civil Term Plaintiff : : : Civil Action - Law Defendant : Divorce COMPLAINT FOR DIVORCE UNDER SECTIONS 3301 ( c ) OR 3301 ( d ) OF THE DIVORCE CODE 1. Plaintiff is Penny Radle, who currently resides at 138 Amy Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is David Radle, who currently is believed to be residing at 864 Reisinger Road, Ickesburg, Perry County, Pennsylvania, 17037. 3. Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 27, 1995 in Mount Holly Springs, Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken, and the parties separated on July 27, 2002. 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and right to request that Court require the parties to participate in counseling. 8. Defendant is not a member a member of the Armed Services of the United States or any of its Allies. 9. Plaintiff avers that the grounds on which the action is based are: a. Section 3301 ( c ) - the marriage is irretrievably broken. b. Section 3301 ( d ) - the marriage is irretrievably broken and the parties are now living separate and apart. The parties separated on or about July 27, 2002. Once the parties have been living separate and apart for more than two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, Law Offices of LopezNeuharth LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 VERIFICATION I verify that the statements made in this document 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 unswom falsification to authorities. ~enny e PENNY RADLE, Plaintiff V. DAVID RADLE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :No. 03-]c/5~ CIVIL TERM :CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Penny Radle, Plaintiff, to proceed in forma pauperis. I, Aaron Neuharth, attomey for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. ~.~ron Neuharth - Attorney for Plaintiff Law Offices of LopezNeuharth LLP 401 E. Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 Penny Radle, David Radle, PLAINTIFF DEFENDANT :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, :PENNSYLVANIA :No. 03-1453 CIVIL ACTION LAW :Divorce Affidavit of Service I, David Lopez, Es%hereby state that on April 1, 2003, 1 mailed by First Class U.S. Mail and by Certified Mail, No.7002-2410-0007-8504-4057, Return Receipt Requested, Addressee Only, a copy of the Complaint in Divorce to Defendant, David Radle at 864 Reisinger Road, Ickesburg, Pennsylvania 17037, the last known address of Defendant, which documents were received on April 3, 2003, as evidenced by the attached Return Receipt Card. David Lopez · u Law Offices of LopezNeuharth LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 · Complete 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. Artl61e Addre~led to: 2. Article Number (Transfer from service label) 7 ['1 0 2 A. Signature - [] Addre~_ _~ee IB..~Recelved by (P~L,Name) C. Date of Delivery I D. Isdeliveryaddmesdi~f~r~t~l? []Yes If YES, enter delivery address below: r"l No 3. ~ll~ice Type ~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~Yes 2410 0007 8504 4057 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1035 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Penny Radle, V4 David Radle, Plaintiff Defendant Civ!l Action - Law No. 03-1453 Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301( c ) of the Divorce Code was filed on March 31, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce. 4. I understand that I may 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. § 4904 relating to unswom falsification to authorities IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Penny Radle, David Radle, Plaintiff Defendant Civil Action - Law No. 03-1453 Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301( c ) of the Divorce Code was filed on March 31, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. I understand that I may rights conceming 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. § 4904 relating to unsworn falsification to authorities David Radle IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Penny Radle, David Radle, Plaintiff Defendant Civil Action - Law No. 03-1453 Divorce 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 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 I this Waiver 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. Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Penny Radle, David Radle, Plaintiff Defendant Civil Action - ]Law No. 03-1453 Divorce 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 conceming 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 I this Waiver 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. Date: David Radle IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Penny Radle, : Civil Action - Law Plaintiff : David Radle, No. 03-1453 Defendant : 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: irretrievable breakdown under 3301( c ) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint was mailed to Defendant on April 1, 2003, by certified mail, restricted delivery. Defendant accepted service of the Complaint on April 3, 2003. 3. Date of execution of the Affidavit of Consent required by 3301( c ) of the Divorce Code: by Plaintiff- July 7, 2003; by Defendant - July 7, 2003. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in 3301 ( c ) Divorce was filed with the Prothonotary: July 14, 2003. Date Defendant's Waiver of Notice in 3301 ( c ) Divorce was filed with the Prothonotary: July 14, 2003. Attorney for Plaintiff Law Offices of LopezNeuharth LLP 401 E. Louther St., Suite 101 Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~. PENNA. Plaintiff VERSUS DAVTD RADT .~. Defendant N O. 03-1453 DECREE IN DIVORCE AND NOW, DECREED THAT AND Penny Radle David Radle ARE DIVORCED FROM THE BONDS OF MATRIMONY. , ~_.~o.~, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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 THE COURT~72 ATT E S~~~ PR OTHON OTA Ri'