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HomeMy WebLinkAbout03-2386 F:IDser FolderlFinn Docs1Gendocs2003\3028-1 div,complaint, wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI S. OLIVER, Plaintiff v. CIVIL ACTION - LAW .: NO. 2003- ~~ ~ MATTHEWR. OLIVER, Defendant 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. 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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) 249-3166 It ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI S. OLIVER, Plaintiff v. CIVIL ACTION - LAW NO. 2003- J. j % ~ MATTHEW R. OLIVER, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 20th day of May, 2003 comes Plaintiff, Lori S. Oliver, by and through her attorneys, Hanft & Knight, P .C., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Lori S. Oliver, who resides at 926 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Matthew R. Oliver, who resides at 109 Garland Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing ofthis Complaint in Divorce. 4. The parties were married on September 20, 1987 in Carlisle, Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. ,. .. 6. The Plaintiffhas 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, and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, Attorneys for Plaintiff .. VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. L~S~ Lori S. Oliver ~~ ~ ~ ~ \' ~ " -'~1, _ ~ '^~ : ) \S ~ r: v ' ~ ~ \ 'm t ~ (-) r- "-- -...... -_... .. :-,) \::\ --.'.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI S. OLIVER, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE MATTHEW R. OLIVER, Defendant NO. 2003-2386 Civil Term CERTIFICATE OF SERVICE AND NOW, this 10th day of June, 2003, I, Michael 1. Hanft, Esquire, hereby certify that the following person was served with a True and Correct copy of the Divorce Complaint filed in the above-referenced matter. The Divorce Complaint was mailed on May 22,2003, but actual service took place on May 29,2003, by Defendant signing for a copy of the Divorce Complaint, which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Matthew R. Oliver 109 Garland Drive Carlisle, Pennsylvania 17013 A copy ofthe signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. HANFT & KNIGHT, P.C. F:\User FolderlFinn DocsIGendocs2003\3028_2cer.ser.wpd Mi~Jthr Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorney for Plaintiff Complete items 1, 2, and 3_ Also complete I item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. I . Attach this card to the back of the mailpieceJ ~ or on the front if space permits. \ , \ " o Agent o Addressee C. Date of Delivery 1. Article Addressed to: di tfromitem1? ery }ddress below: / , -' DYes o No Mnithew A.OJiVer' 10 q ~t4.""aY/cl [)611~ CaK'L'SltJ PA ~3 ltD ' ....,.. .-......". 3. ~~Type ~Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) es 2 '~'-'-"'-"'7002 0860 0000 1076 1930 Domestic Return Receipt 102595-02-M-1035 i , i PS Form 3811, August 2001 Exhibit "A" 000 C W '1 <" C_ .! -ol~; .= mr" ::~ '~ Z:J ZC UJ" ~' ~ ~;C ~t~ \:J :',::: :<i (::;: LORI S. OLNER, Plaintiff v. MATTHEW R. OLNER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CNIL ACTION - LAW NO. 2003-2386 IN DNORCE PRAECIPE TO ENTER APPEARANCE matter. Please enter my appearance on behalf ofthe Plaintiff, Lori S. Oliver, in the above-captioned I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, infonnation and belief . Papers may be served at the address set forth below. Dated: Ju.'lt 21M!> I F:\User FoJderlFirm DocslGendocs2005\3028_2praecipe withdraw.wpd fJ$~ Do la J. Boorstein Certified Legallntem ~ ~ ~uJo!)j( LUCY m4'STON- WALSH Supervising Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-3696 Q ,. .....' c-;;, l:0 c..n <--:: i._-;:; ,,",,-" (') "n :? -,I (; 1 s:-~ I N <2 u' LORI S. OLNER, Plaintiff v. MATTHEWR. OLNER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CNIL ACTION - LAW NO. 2003-2386 IN DNORCE PRAECIPE TO WITHDRAW APPEARANcE Due to the death of Michael J. Hanft, Esquire, as a fonner associate of Hanft & Knight, P.e., which is no longer an active finn, I request that you please withdraw Michael J. Hanft, Esquire's and Hanft & Knight, P.e.'s appearance on behalf of the Plaintiff, Lori S. Oliver, in the above-captioned matter. Dated: May z.1 , 2005 Respectfully submitted, KNIGHT & ASSOCIATES, P.C. ~~ . :snultz, Esquire Attorney ill No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 ..., <:~ = c.n <.- ~'~ ~,,~ o "h -l :T:-~ rrlp: ~?t?J -1 1_ -:>~l ~f< _;; i':--~) ;~rrJ :i:1 .< I N ~:: -L. ,............ ~ <.n LORI S. OLIVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2386 CIVIL TERM MATTHEW R. OLIVER, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this 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 I. The parties to this action separated in December 2002, and have continued to live separate and apart for a period of at least 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 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date..J :. '1! ;'d _-? .1- k~-{ ;</ ,~AJ-~ Lori S. Oliver, Plaintiff LORI S. OLIVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 03-2386 CIVIL TERM MATTHEW R. OLIVER, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) and (d) OF THE DIVORCE CODE I. 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 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 true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date ,_ '-/'1-. 'A - j" ':1 i~~1 ,.,~:/> Lori S. Oliver, Plaintiff .l\ '- LORI S. OLIVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2386 CIVIL TERM MATTHEW R. OLIVER, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~~ 3301(c) and (d) of the Divorce Code was filed on May 21, 2003. 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 after service of notice of intention to request entry of the decree. 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','"i! : /I' / ';'-1,-1/1 I :,'C)./<~,A ;. ., Lori S. Oliver, Plaintiff Ul e-" LORI S. OLIVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2386 CIVIL TERM MA TTHEW R. OLIVER, Defendant : CIVIL ACTION - LA W : IN DIVORCE CERTIFICATE OF SERVICE I, Angel Revelant, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Plaintiffs Affidavit Under 9 330](d) of the Divorce Code and Plaintiffs Affidavit of Consent and Waiver of Notice forms on counsel for Defendant, Joseph L. Hitchings, Esquire, by first class mail as follows: Joseph L. Hitchings, Esq. McShane & Hitchings, LLC 48]] Jonestown Road, Suite 125 Harrisburg, PAl 71 09 Date _ rnan:~.! 7, ~~b Robert . ains, E Ulre Lucy Johnston- Walsh, Esquire Anne MacDonald-Fox, Esquire Thomas Place, Esquire William G. Martin, Esquire Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA ]7013 (717) 243-2968 (717) 243-3639 n r--' 0 C? ~:-: ,;::..~:> -n .:~--.. ~ ::C-n :':.lll fnF;:: ?:J -.f'llf"~ - ?_;:~:-, .....J -::-; r. :':\ ..:'" ('"; 1'0 '.'",~rn "--:.:\ :;:>> .:.n ~f:J .< .. .. LORI S. OLIVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2386 CIVIL TERM MATTHEW R. OLIVER, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DECREE TO: Matthew Oliver Plaintiff intends to file with the court the attached Praecipe to Transmit Record on or after April 27, 2006, requesting that a final decree in divorce be entered. Date -.Llp-i /1r 206l /}::jR~1d Certified Legal Intern /",', ' c:/) "l),lco J { ,,<x _,' _ j:li J Robert],? ai s, Esquire Lucy J nston-Walsh, Esquire Anne MacDonald-Fox, Esquire Thomas M. Place, Esquire William G. Martin, Esquire Supervising Attorneys FAMIL Y LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 (717) 243-3639 " .. LORI S. OLIVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2386 CIVIL TERM MATTHEW R. OLIVER, Defendant : CIVIL ACTION - LA W : 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: I. Ground for divorce: irretrievable breakdown and separation for two years under S 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Service on Defendant by certified, return receipt requested, restricted delivery on May 29, 2003. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by S 3301(c) of the Divorce Code: by PlaintiffN/A ; by Defendant N/A (b)( I) Date of execution of the affidavit required by S 3301 (d) of the Divorce Code: Februarv 24. 2006; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Filed on March 13,2006 and served March 17.2006. 4. Related claims pending: None. . . 5. Complete either (a) or (b): (a) Date and manner of service of the Notice oflntention to Request Entry of Divorce Decree, a copy of which is attached: Served on Defendant's counsel, Joseph Hitchings, Esquire on April 7, 2006 by first class mail. (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: March 13,2006. Date defendant's Waiver of Notice was filed with the Prothonotary: Date Angelica Revelant Certified Legal Intern Robert E. Rains, Esquire Lucy Johnston-Walsh, Esquire Anne MacDonald-Fox, Esquire Thomas M. Place, Esquire William G. Martin, Esquire Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 (717) 243-3639 LORI S. OLIVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2386 CIVIL TERM MATTHEW R. OLIVER, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Angel Revelant, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Notice ofIntention to Request Entry of ~ 330I(d) Divorce Decree and Praecipe to Transmit on counsel for Defendant, Joseph L. Hitchings, Esquire, by first class mail as follows: Joseph L. Hitchings, Esq. McShane & Hitchings, LLC 4811 Jonestown Road, Suite 125 Harrisburg, PAl 71 09 Date )pri / 1 )~bh !dtJr..iu..f Angeli a evelant Certified Legal Intern (, / \ . I '.~ ! ~'4 i' <' ;'," ,,,1) I., ' \.. RObert,9 Rains, Esquire . Lucy Johnston-Walsh, EsqUIre Anne MacDonald-Fox, Esquire Thomas Place, Esquire William G. Martin, Esquire Supervising Attorneys F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 (717) 243-3639 -\1 ,._, , c_ .. LORI S. OLIVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 03-2386 CIVIL TERM MA TTHEW R. OLIVER, Defendant : CIVIL ACTION - LA W : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To Ihe Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown and separation for two years under S 3301(d) of the Divorce Code. 2, Date and manner of service of the complaint: Service on Defendant by certified, return receipt requested, restricted delivery on May 29, 2003. 3, Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by 9 3301(c) of the Divorce Code: by PlaintiffN/A ; by Defendant N/A (b)(l) Date of execution of the affidavit required by 9 3301(d) of the Divorce Code: F ebruarv 24. 2006; (2) Date of filing and service of the plaintiff s affidavit upon the respondent: Filed on March 13,2006 and served March 17.2006. 4. Related claims pending: None, 5. Complete either (a) or (b): (a) Date and manner of service of the Notice ofIntention to Request Entry of Divorce Decree, a copy of which is attached: Served on Defendant's counsel, Joseph Hitchings, Esquire on April 7, 2006 by first class mail. (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: March 13.2006. Date defendant's Waiver of Notice was filed with the Prothonotary: Date !!tn'f :2 ~ I 2-00r'; , Angelic evelant Certified Legal Intern W~~ Robert E. Rains, Esquire Lucy Johnston-Walsh, Esquire Anne MacDonald-Fox, Esquire Thomas M. Place, Esquire William G. Martin, Esquire Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PAl 70 13 (717) 243-2968 (717) 243-3639 LORI S. OLIVER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2386 CIVIL TERM MATTHEW R. OLIVER, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Angel Revelant, Certified Legal Intern, Family Law Clinic, hereby certifY that I served a true and correct copy of the Praecipe to Transmit Record and Divorce Information Sheet on counsel for Defendant, Joseph 1. Hitchings, Esquire, by first class mail as follows: Joseph 1. Hitchings, Esq. McShane & Hitchings, LLC 4811 Jonestown Road, Suite 125 Harrisburg, PA 17109 Date '-1-/ z ejC' G (i0~~.etc.o0LJ Angeli evelant Certified Legal Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 (717) 243-3639 .--; ,f"' r"-_) .' . . . . . . . . . . . . . :+:t;;t<ot::+::+++:+:+:+ . . .. :+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+ :+:to:+::+ ,.,,+<+' +:+ :+ :+ :+ :+ :+ :+ :+ :+ +. . . . . . . . . . . +:++:+: . . .. . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PEN NA. STATE OF . . . . . . . . . . . . . . . s. OLIVER, LORI No. 2386 2003 pl;:dntiff VERSUS MA'I''I'HEW OLIVER, . . . . . . . . . . . . . . . . . .' .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +:+ Of':+:+:+:+:+ Defendant DECREE IN DIVORCE .zd , z-,oc, , IT IS ORDERED AND AND NOW, mar OLIVER , PLAINTIFF, LORI s. DECREED THAT AND MATTHEW OLIVER , 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 ~U4d J1~! PROTHONOTARY . ;f:+:+:+ Of. 'I' ++++++++++++++++++++++++ .. . .. . :+:+::+:+ :+ :+':++:+:++. . :+'1'+++:+++:+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' /' /' . ??J'Y-'1' '" .."'7 . /... ' .','/ ~ Jf'" ~ ?'fJ'~"f"'" ". .?;/ ;7 ~- MI/ p''? 'ill' h? .