HomeMy WebLinkAbout03-2973
TIMOTHY D. COLE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.~- :29?J
CIVIL TERM
THERESA D.. COLE,
Defendant
CIVIL ACTION - LAW
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.
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, Cumberland County Courthouse, 1
Courthouse Square, 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 LOST 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 SQUARE
CARLISLE, PA 17013-3387
(717) 249-3166
TIMOTHY D. COLE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.
CIVIL TERM
THERESA D. COLE,
Defendant
CIVIL ACTION - LAW
ACTION IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN NAMED DEFENDANT:
YOU HAVE BEEN NAMED AS DEFENDANT in a divorce proceeding
filed in the Court of Common Pleas of Cumberland County,
pennsylvania. This Notice is to advise you that, in accordance with
Section 202 of the Divorce Code, you may request that the Court
require you and your spouse to obtain marriage counseling prior to a
divorce decree being handed down by the Court. A list of
professional marriage counselors is available at the Office of the
Prothonotary, Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, Pennsylvania 17013. 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.
PROTHONOTARY
TIMOTHY D. COLE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. D3-J..97J
CIVIL ACTION - LAW
ACTION IN DIVORCE
CIVIL TERM
THERESA D. COLE,
Defendant
COMPLAINT UNDER SECTION 3301 (e) or 3301 (d)
OF THE DIVORCE CODE
AND NOW, comes the Plaintiff TIMOTHY D. COLE, by his
attorney, Herschel Lock, and seeks to obtain a Decree in Divorce
from the bonds of matrimony with the above-named Defendant, and
avers the following:
1. Plaintiff Timothy D. Cole is an adult individual residing at
108 Valley Street, Summerdale, Cumberland County, Pennsylvania
17093.
2. Defendant Theresa D. Cole is an adult individual residing at
108 Valley Street, Summerdale, Cumberland County, Pennsylvania
17093.
3. Both Plaintiff and Defendant have been bona fide residents of
the Commonwealth for at least six (6) months immediately previous to
the filing of this Complaint.
4. The Plaintiff and Defendant were married on June 18, 2000 in
Summerdale, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties.
6. The marriage is irretrievably broken
Or in the alternative
Defendant has offered such indignities to Plaintiff who is
the innocent and injured spouse as to render Plaintiff's condition
intolerable and life burdensome.
7. Defendant is not a member of the Armed Services of the United
States or any of its Allies.
8. Plaintiff has been advised of the availability of counseling,
and understands that she has the right to request the Court to
require the parties to participate in counseling.
9. The parties have lived separate and apart and at the
appropriate time Plaintiff will submit an affidavit alleging the
parties have lived separate and apart for a least the time period
specified in Section 3301(d) of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests the Court to enter a
Decree in Divorce.
DATED:
6/6/03
~oJtd
HERSCHEL LOCK, ESQUIRE
ATTORNEY FOR PLAINTIFF
3107 North Front Street
Harrisburg, PA 17110
(717) 238-6661
VERIFICATION
I verify that the statements made in the foregoing Complaint
are true and correct. I understand that false statements made
herein are subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
DATED:
6/6/03
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TIM,OTHY D. C'oLE,
Plaintiff
IN THE C,OURT ,OF C'oMM'oN PLEAS
CUMBERLAND C,OUNTY, PENNSYLVANIA
vs.
N'o. 03-2973 CIVIL TERM
THERESA D. COLE,
Defendant
CIVIL ACTI'oN - LAW
ACTION IN DIV,ORCE
AFFIDAVIT ,OF SERVICE
Herschel Lock deposes and says:
1. That he is an adult individual residing in Dauphin County,
Pennsylvania.
2. That on June 25, 2003, he sent by Certified Mail, Return
Receipt Requested from Harrisburg, Pennsylvania, No. 7001-2510-0001-
4138-8566 the Complaint in Divorce in the above-captioned case to:
Theresa D. Cole
108 valley Street
Summerdale, PA 17093
3. That on June 28, 2003, Theresa D. Cole signed the receipt No.
7001-2510-0001-4138-8566 which is attached to this Affidavit.
DATED: 8-8-05
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BY:
HERSCHEL LOCK, ESQUIRE
Attorney for Defendant
3107 North. Front Street
Harrisburg, PA 17110
(717) 238-6661
Sworn to and subsc~ibed
before me this 'i5')--f) day
of /1urr;IM7T ,2005.
C~ t:d ~ !f;clc
Notary Public
. Complete Items 1, 2. end 3. Also complete
Item 411 Restricted Delivery Is desired.
. Print your name and address on the reverse
10 that we cal) return the card to you.
. Attach this 4IIIIJII'to the back 01 the mallplece,
or on the. '" spaca pennlts.
1. Artlcl. AddreiliSd to:
Theresa D. Cole
108 V411ey Street
Summefdale, PA 17093
3. S.ndee ljIpe
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4. A_clod Delivery? (Extra Fee) D V..
2. Article Number (Copy from service label)
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PS Form 3811, July 1999
Domeet\c Return Receipt
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TIMOTHY D. COLE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 03-2973 CIVIL TERM
THERESA D. COLE,
Defendant
CIVIL ACTION - LAW
ACTION IN DIVORCE
NOTICE OF INTENTION TO REOUEST ENTRY
OF DIVORCE DECREE
TO: Theresa D. Cole
PO Box 222
Summerdale, PA 17093
You have been sued in an action for divorce. You have failed to
answer the Complaint or file a Counter-affidavit to the Plaintiff's
Affidavit. Therefore, on or after August 8, 2005, 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 notarized or verified or a Counter-affidavit by
the above date, the Court can enter a final decree in divorce.
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 ask for
economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE
PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU DO NOT
THE OFFICE SET
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 N. FRONT STREET
HARRISBURG, PENNSYLVANIA 17101
(717) 232-7536
TIMOTHY D. COLE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 03-2973 CIVIL TERM
THERESA D. COLE,
Defendant
CIVIL ACTION - LAW
ACTION IN DIVORCE
DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(dl OF
THE DIVORCE CODE
1. Check either (a) or (b):
(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) :
(i) The parties to this action have not lived separate
and apart for a period of at least two years.
(ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic
relief. 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.
(b) I wish to claim economic relief which may include
alimony, division of property, lawyer's fees or expenses
of other important rights.
I verify that the statements made in this counter-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.
Dated:
THERESA D. COLE
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF
A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY
CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS
COUNTER-AFFIDAVIT.
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TIMOTHY D. COLE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 03-2973 CIVIL TERM
THERESA D. COLE,
Defendant
CIVIL ACTION - LAW
ACTION IN DIVORCE
NOTICE TO THE DEFENDANT
If you wish to deny any of the statements set forth in this
Affidavit, you must file a Counteraffidavit 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 in 2003 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 and 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. Sec. 4904 relating to unsworn
falsification to authorities.
"
DATED: U-u./l0/. I, 7C)()5
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IN TIlE COURT OF CCMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TIMOTHY D. COLE,
Plaintiff
NO.
03-2973 CIVIL TERM
CIVIL ACTION - LAW
ACTION IN DIVORCE
vs.
THERESA D. COLE,
Defendant
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. Grounds for divorce: i=etrievable breakdown under Section x~x~kx
~~t~~1*of the Divorce Code. (Strike out inapplicable section)
2. Date and manner of service of the complaint:
June 25, 2003, Certified Mail, Return Receipt Requested
3. Complete either paragraph A. or B.
A. Date of execution of the affidavit of consent required by Section
3301 (cl of the Divorce Code: by the plaintiff
by the defendant
B. (1) Date of execution of the plaintiff's affidavit required by
Section 3301 (d) of the Divorce Code: June 17, 2005.
(2) Date of service of the plaintiff's affidavit upon the defendant:
June 20, 2005, Certifryed Mail, Return Receipt Requested
4. Related claims pending:
None
5. Indicate date and manner of service of the notice of intention to file
praecipe to transmit record, and attach a copy of said notice under Section
3301 (d)(l)(i) of the Divorce Code
Receipt Requested
July 18, 2005, Certified Mail, Return
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Her sche 1 LockAttorney for Plaintiff/IlIi~lltcx
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TIMOTHY D. COLE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
THERESAD. COLE
: NO. 2003-2973 CIVIL TERM
ORDER OF COURT
AND NOW, this 25TH day of AUGUST, 2005, the n:quest for the entry of a final
divorce decree is DENIED without prejudice for the following reasons:
1). Proof of Service needs to be filed in accordance with Pa. R.C.P. 1930.4 (h).
2). The Notice ofIntention to Request Entry of Divorce Decree is defective in
that it lists the "Dauphin County Lawyer Referrer Service."
BC.
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Edward E. Guido, 1.
Herschel Lock, Esquire
For the Plaintiff
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TIMOTHY D. COLE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 03-2973 CIVIL TERM
THERESA D. COLE,
Defendant
CIVIL ACTION - LAW
ACTION IN DIVORCE
NOTICE OF INTENTION TO REOUEST ENTRY
OF DIVORCE DECREE
TO: Theresa D. Cole
PO Box 222
Summerdale, PA 17093
You have been sued in an action for divorce.
answer the Complaint or file a Counter-affidavit
Affidavit. Therefore, on or after September 20,
can request the Court to enter a final decree in
You have failed to
to the Plaintiff's
2005, the Plaintiff
divorce.
If you do not file with the Prothonota~j{ 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.
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 ask for
economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE
PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE.
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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
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TIMOTHY D. COLE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 03-2973 CIVIL TERM
THERESA D. COLE,
Defendant
CIVIL ACTION - LAW
ACTION IN DIVORCE
DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF
THE DIVORCE CODE
1. Check either (a) or (b):
(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) :
(i) The parties to this action have not lived separate
and apart for a period of at least two years.
(ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic
relief. 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.
(b) I wish to claim economic relief which may include
alimony, division of property, lawyer's fees or expenses
of other important rights.
I verify that the statements made in this counter-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.
Dated:
THERESA D. COLE
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF
A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY
CLAIM FOR ECONOMIC RELIEF. YOU NEED NOT FILE THIS
COUNTER-AFFIDAVIT.
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IN WE COURT OF CCM1Ot'll PLEAS OF
CUI'IBERLAND COUNTY, PENNSYLVANIA
TIMOTHY D. COLE,
Plaintiff
NO.
03-2973 CIVIL TERM
CIVIL ACTION - LAl'!
ACTION IN DIVORCE
vs.
THERESA D. COLE,
Defendant
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. Grounds for divorce: irretrievable breakdown under Section x3Ikbd,~kx
~M!tHl!lk~Uof the Divorce Code. (Strike out inapplicable section)
2. Date and manner of service of the canplaint:
June 25, 2003, Certified Mail, Return Receipt Requested
3. Canplete either Paragraph A. or 3.
A. Date of execution or the affidavit of consent required by Section
3301 (c) of the Divorce Code: by the plaintiff
by the defendant
B. (1) Date of e.xecution of the plaintiff's affidavit required by
Section 3301 (d) of the Divorce Code: June 17, 2005.
(2) Date of service of the plaintiff's affidavit upon the defendant:
June 20, 2005, Certif&ed Mail, Return Receipt Requested
4. Related claims pending:
None
5. Indicate date and manner of service or the notice of intention to file
praecipe to transmit record, and attach a copy of said notice under Section
3301 (d)(l)(i) of the Divorce Code August 30, 2005 Certified Mail, Return
Receipt Requested (See attached
Herschel LoCkAttorney for Plaintiff/~~l!.'I<:x
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IN THE COURt: OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF PENNA.
TIMOTHY D. COLE,
..Plaintiff..
VerSl1S
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No.
03-2973 Civil Term
.THERESAD.COI.,]':,
Defendant
DeCREE IN
D I V 0 R C E ~<i:tlt,A.A,
AND NOW, ...... .O~..~......., .?9P.~, it is ordared and
decreed thot .... T~~~~~y. .J?, . ~(~~e. . . .. . . . . . . . . . . . . . . . . . . . . . .. plointiff,
and. . . . . . . .Therl'!.aa. D... .Coll'!. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., dafendant,
are divorced from the bonds of matrimony.
The court retoins jurisdiction of the following c1nims which have
been raised of record in this action for which a final order has not yet
been entered;
None
...........-..........................,.......... ,..".....................,
r t :
Attest:
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Prothonotary
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
Plaintiff
) Docket Number
)
) PACSES Case Number
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) Other State ID Number
00841 S 2003
03-2973 CIVIL
603105804
THERESA D. COLE
vs.
TIMOTHY D. COLE
Defendant
ORDER
AND NOW, to wit, on this
6TH DAY OF OCTOBER, 2005
IT IS HEREBY
ORDERED that the support order in this case be 0 Vacated or o Suspended or
(i)Terminated without prejudice or 0 Terminated and Vacated,
effective OCTOBER 4, 2005 ,due to:
THE PARTIES' DECREE IN DIVORCE BEING FINAL. THERE IS NO BALANCE DUE THE
PLAINTIFF.
DR:): R. J. Shadday
Service Type M
BY THE COURT:
Kev0e~s, A. .,(
Form OE-504
Worker ID 21005
JUDGE
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
~(Y\O+h.( \), (ob
Plaintiff
Vs
FileNo. (J"',-Z"!,-:o, c...,V,!..-
IN DIVORCE
'\\rV=}\r~::oCA.. b Cr-) \ e.
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff I defendant in the above matter,
[select one by marking "x"]
_ prior to the entry of a Final Decree in Divorce,
or ~ after the entry of a Final Decree in Divorce dated C'lc....\.t}Y:-\ '-\ , 2-00::'
hereby elects to resume the prior surname of '~)\ I~ (_\L.... , and gives this
written notice avowing his I her intention pursuant to the provisions of 54 P.S. 704.
Date:,,\!O\/ 2-"" lex)"'> '~O^ WI;'" 0, roLL
Signature
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Signature of name being resumed
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF (PJ~L~ )
On the .J3 .M:day of 7~",k,,-,
/
, 200 J..., before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he I she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
(~ O~,4f
Prothonotary or Notary Public
NOTARIAL SEAL
PROTHONOTARY, NOTARY PUBLIC
CARI.ISlE CUMBERIMD COUNTY COURT HOUSE
MY COMMISSION EXPIRES JANUARY 2. 2006
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