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HomeMy WebLinkAbout03-1741VICKIE E. RHODES, Plaintiff VS. . GARY K. RHODES, . Defendant · · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA No. 03- /'7'-ti Civil Term ACTION IN DIVORCE 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 of your children. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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, Pa. 17013 (717) 249-3166 VICKIE E. RHODES, . Plaintiff · VS. . GARY K. RHODES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03- 17~l Civil Term · ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Vickic E. Rhodes, a competent adult individual, who has resided at 212 Fairview Road, New Cumberland, Cumberland County, Pennsylvania, since April 2003. 2. Plaintiff has resided in Cumberland County for two years previous to thc filing of this Complaint. 3. Defendant is Gary K. Rhodes, a competent adult individual, who has resided at 3140 Fulling Mill Road, Middletown, Dauphin County, Pennsylvania, since 1987. 4. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 5. The Plaintiff and the Defendant were married on May 1, 1982 in Camp Hill, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff 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. Plaintiff and Defendant have no children together. 9. Plaintiff and Defendant are both citizens of the United States of America. 10. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 11. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. 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. §4904 relating to unsworn falsification to authorities. Vickie E. Rhodes, Plaintiff Date: ectfully submitted, _Ja~e Adams, Esqhir~-- No. 793. South gi4tt6 treet Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VICKIE E. RHODES, Plaintiff VS. GARY K. RHODES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ~-5 - I ~ I Civil Term ACTION IN DIVORCE AFFIDAVIT OF SEPARATION 1. The parties to this action separated in August of 2000 and have 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 my 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 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: J-//-//- 2. c~o~ Vickie E. Rhodes, Plaintiff VICKIE E. RHODES, Plaintiff VS. GARY K. RHODES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03- 1741 Civil Term ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this April 21,2003, I, Jane Adams, Esquire, hereby certify that on April 19, 2003, a certified true copy of the NOTICE TO DEFEND, COMPLAINT IN DIVORCE, AND AFFIDAVIT OF SEPARATION were served, via certified mail, return receipt requested, addressed to: Gary K. Rhodes 3140 Fulling Mill Road Middletown, Pa. 17057 DEFENDANT Respectfully Submitted: Adams, Esquire o. 79465 uth Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF · 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: by Name) [] Agent D. is delivery address different from item 17 if YES, enter delivery address beiow: [] No  ~~,~,,~ ~pmSs Mail ~-~~ ~ Return R~eipt for Merchandi* ~ ~ ~ ~ 7'002 ~410 0007 8500 968~ _ 2. ~um~r ~ 102595-02-M-083~ ¢~s~r f~m ~ice la~0 Domestic Return Receipt ~ 3811, August 2001 ° Sender: Please print your n ddress, and ZIP+4 in this box · JANE ADAMs , ATTORN .. vICKIE E. RHODES, Plaintiff ' VS. IN THE coURT OF coMMON pLEAS cuMBERLAND coUNTY, PENNSYLVANIA · No. 03 - 1741 Civil Term · ACTION IN DIVORCE GARY K. RI-lODES, T ENTRY OF DIVORCE DECREE ~(3ary K. Rhodes, Defendant 3140 Fulling Mill Road MiddletoWn, Pa. 17057. DA_~T~TE: May 12, 2003. You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counter-Affidavit to the 3301(d) affidavit· Therefore, on or after ~ 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 enter a final decree · for economic relief, you notarized or verified or a Counter-Affidavit by the date above, the Court can Unless you have already filed with the Court a written clmm lose forever the right to in Divorce. ~ICH YOU MAY FILE WITH THE must do so by the above date or the Court may grant the divorce and you ask for economic relief. ' 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 ... your counter-affidavit alone does not protect your ask for economxc relief· The filing of economic claims. YOU sHOULD TAKE THIS pAPER TO YOUR LAWYER AT oNCE. IF YOU DO NOT ItAVE 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 Bedford St. Carlisle, Pa. 17013 (717) 249-3166 vICKIE E. RHODES, Plaintiff VS. GARY K. RHODES, IN THE coURT OF coMMON PLEAS cUMBERLAND coUNTY, PENNSYLVANIA · No. 03 - 1741 Civil Term · ACTION IN DIVORCE Defendant ' 1. Check either (a) or (b): ,~x_(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:) a __(i) The parties to this action have not lived separate and apart for period of at least two years. __(ii) The marriage is not irretrievably broken· 2. Check either (a) or (b): ~x_(a) I do not wish to make any claims for economic relief. I understand that I may lose fights concerning alimony, division of property, lawyer's fees, and expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's re----es, 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 decr.ee may be entered without further notice to me, and I shall be unable thereafter to file"any economic claims· and correct. I 'fication to authori ' ~-~P~'C'S' §4904I verify that the statements made in this counter-affidavit are true understand that false statements herein are,.m__a_/x?te-sabj~ct to the p relating to unsworn fals~ ;es. ) /21\~ NOTICE: If you do not wish to oppose th~ entry of a divorce decree and you do not wish to make a claim for economic relief, you need not file the counter-affidavit. VICKIE E. RHODES V. GARY K. RHODES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2003-1741 CIVIL TERM ORDER OF COURT AND NOW, this 30TM day of MAY, 2003, it appearing to the Court that the Notice of Intention to Request Entry of a Divorce Decree required by Pa. R.C.P. 1940.42 was dated less than twenty (20) days prior to the filing of the praecipe to transmit the record, and the affidavit of service in connection with said Notice is defective in that it lists service as having been made on April 18, 2003, prior to the date of the Notice, the Request for the Entry of a Divorce Decree is denied without prejudice. Plaintiff may file a new praecipe to transmit the record when the defects referred to herein have been cured. lane Adams, Esquire 36 South Pitt Street Carlisle, Pa. 17013 :sld Edward E. Guido, .1. VICKIE E. RHODES, Plaintiff VS. GARy K. RHODES, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03 - 1741 Civil Term : : ACTION IN DIVORCE : AFFIDAVIT OF SERVICE AND NOW, this May 21, 2003, I, Jane Adams, Esquire, hereby certify that on April 18, 2003, a certified true copy of the NOTICE OF INTENT AND COUNTER- AFFIDAVIT were served, via certified mail, restricted delivery, return receipt requested, addressed to: Gary K. Rhodes 3140 Fulling Mill Road Middletown, Pa. 17057 DEFENDANT Respectfully Submitted: arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VICKIE E. RHODES, Plaintiff VS. GARY K. RHODES, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03 - 1741 Civil Term : : ACTION IN 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(d) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail, restricted delivery, return receipt requested, delivered on: April 19, 2003. 3. Date of execution of the affidavit required by §3301(d) of the Divorce Code: By Plaintiff: April 11, 2003. Date of filing and service of the plaintiffs affidavit required by §3301(d) of the Divorce Code on respondent: Filed: April 16, 2003. Served on Defendant: April 19,2003, certified, restricted, with complaint. Affidavit of Service filed: April 22, 2003. 4. Related claims pending: No claims raised. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Via certified mail, restricted delivery, delivered May 14, 2003. Date: Q~_` 2N_o.. 7?465 36 S. Pitt St. Carlisle, Pa. 17013 (717) 245-851)8 Attorney for Plaintiff 1N THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~, PENNA. Vickie E. Rhodes, Plaintiff NO. No. 03 - 1741 Civil Term VERSUS Gary K. Rhodes, Defendant AND NOW, DECREED THAT aND DECREE IN DIVORCE Vickie E. Rhodes Gary K. Rhodes , 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 FOB WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Nolle. ATTEST: ~) N OTA BY