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HomeMy WebLinkAbout07-2261JOHN R. SUITE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 0'7 - a2? c u ?? ?F1 AUDREY SUITE, Defendant. : CIVIL ACTION - LAW 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 counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Dauphin County Courthouse, Front & Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' 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 OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Court Administrator 4m Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 WASSMER, ESQUIRE JAIME D. Robinson & Geraldo Sup. Ct. I.D. No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax jwassmer@robinson-geraldo.com JOHN R. SUITE, V. AUDREY SUITE, Plaintiff, Defendant. : IN THE COURT OF COM'AON OUNTY PLEAS CUMBERLAND C C NO. CIVIL ACTION - LAW IN DIVORCE hn R. Suite, who currently resides at 3531 Trindle Road, Camp Hill, 1. Plaintiff is Jo Cumberland County, Pennsylvania. Suite, who currently resides at 105 Railroad Ave, Hoosick Falls, 2. Defendant is Audrey Rensselaer County, New York. months 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) immediately previous to the filing of this Complaint. and Defendant were married on September 15, 1989 in Dillon, South 4 The Plaintiff Carolina. 5. The parties were originally married in 1982 and divorced in 1988. The parties subsequently remarried on September 15, 1989. 6. The marriage is irretrievably broken. 7. Defendant has offered such indignities to Plaintiff (who is the innocent and injured spouse) as to render Plaintiff s condition intolerable and life burdensome. This action is not collusive as defined by § 3309 of the Divorce code. 9. Plaintiff is a retired member of the United States Marine Corps. 10. The Plaintiff has been advised of the availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301 of the Divorce Code. Respectfully submitted, ROBINSON & GERALDO Date: By: 4.Jaim.'Wass mer, E squire Attorney for Plaintiff . 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. John . Suite ,V v Fn co m OZ) JAIME D. WASSMER, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax jwassmer@robinson-geraldo.com JOHN R. SUITE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO. 07-2261 AUDREY SUITE, Defendant. CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO REINSTATE DIVORCE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in Divorce filed in this matter. Respectfully submitted, ROBINSON & GERALDO Date: 101 By: tA) CL*2- -4-- Jai D. Wassmer, Esquire Attorney for Plaintiff J =` F 6L JOHN R. SUITE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff AUDREY SUITE : NO. 07-2261, CIVIL TERM Defendant : CIVIL ACTION - IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on February 15, 2006 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 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. Cons. Stat. Ann. § 4904 relating to unsworn falsification to authorities. Dated: '? Q g tie " OHN R. SUIT , Plaintiff JOHN R. SUITE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 07-2261, CIVIL TERM AUDREY SUITE Defendant : CIVIL ACTION - IN DIVORCE COUNTER-AFFIDAVIT UNDER § 3302(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) or (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 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 decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. 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. Cons. Stat. Ann. § 4904 relating to unworn falsification to authorities. Date: AUDREY SUITE, Defendant 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 SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. 2 OF T HE P 2609 SEA' 2 ! 1 : 22 C??1f' 1'^9 !^ JOHN R. SUITE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff AUDREY SUITE NO. 07-2261, CIVIL TERM Defendant : CIVIL ACTION - IN DIVORCE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for the Plaintiff in the above captioned matter. Date: September 21, 2009 Ag& lee Douglas C. Lovelace, Jr. Attorney for Defendant Attorney ID No. 83889 36 Donegal Drive Carlisle, Pa 17013 (717) 385-1866 FILE ?_10._Hf t OF THE F? 2M S.P 21 P1 1: 2L W, JOHN R. SUITE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff AUDREY SUITE NO. 07-2261, CIVIL TERM Defendant : CIVIL ACTION - IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(D) DIVORCE DECREE TO: AUDREY SUITE, Defendant: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the Section 3301(d) affidavit. Therefore, on or after November 4, 2009, the other party 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. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. 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. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 Date: October 14, 2009 DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff 2 JOHN R. SUITE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 07-2261, CIVIL TERM AUDREY SUITE Defendant : CIVIL ACTION - IN DIVORCE COUNTER-AFFIDAVIT UNDER § 3302(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) or (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 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 decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. 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. Cons. Stat. Ann. § 4904 relating to unsworn falsification to authorities. Date: AUDREY SUITE, Defendant 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 SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. 2 JOHN R. SUITE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff AUDREY SUITE : NO. 07-2261, CIVIL TERM Defendant : CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE I certify that on October 14, 2009, I served a true and correct copy of the foregoing Notice of Intention to Request Entry Of Section 3301(d) Divorce Decree, upon the below named individual by certified mail, return receipt requested, and by first class mail. Audrey Suite 105 Railroad Avenue Hoosick Falls, NY 12090-1813 evap(til-le zo?pf" DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff R! f F% or TH, 2009 OC;T 14 A fu: 59 DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 JOHN R. SUITE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff AUDREY SUITE : NO. 07-2261, CIVIL TERM Defendant : CIVIL ACTION - IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: AUDREY SUITE, Defendant JOHN R. SUITE, Plaintiff, intends to file with the court the attached Praecipe to Transmit Record on or after November 4, 2009, requesting that a final decree in divorce be entered. ?a F 41? Date: October 14, 2009 Douglas C. Lovelace, Jr., Esquire Attorney for Plaintiff 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 JOHN R. SUITE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff AUDREY SUITE NO. 07-2261, CIVIL TERM Defendant : CIVIL ACTION - IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: July 5, 2007; personal service by the Rensselaer County Sheriff s Office, Troy New York, 12181-0389, (518) 270-5448. 3. Date of execution of the plaintiffs affidavit required by Section 3301(d) of the Divorce Code: September 19, 2009. Defendant did not execute a Counter-Affidavit; (2) Date of service of the plaintiffs affidavit upon the defendant: September 21, 2009. 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe, a copy of which is attached: Certified Mail, return receipt requested and First Class mail on October 14, 2009. DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff JOHN R. SUITE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff AUDREY SUITE NO. 07-2261, CIVIL TERM Defendant : CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE I certify that on October 14, 2009, I served a true and correct copy of the foregoing Notice of Intention to Request Entry of Divorce Decree, upon the below named individual by certified mail, return receipt requested, and by first class mail. Audrey Suite 105 Railroad Avenue Hoosick Falls, NY 12090-1813 r - DOUGLAS C. LOVEL CE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff FILFC: E rr Tyr 2009 001 T 14 M S0-, S 9 CUII JOHN R. SUITE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff AUDREY SUITE : NO. 07-2261, CIVIL TERM Defendant : CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE I certify that on October 14, 2009, I served a true and correct copy of the foregoing Notice of Intention to Request Entry of Divorce Decree, upon the below named individual by certified mail, return receipt requested, and by first class mail. Audrey Suite 105 Railroad Avenue Hoosick Falls, NY 12090-1813 A?W-r - DOUGLAS C. LOVEL CE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff 4ow wRY 20 09 N 0 V - 9 f.tl '3 .I C t- w JOHN R. SUITE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 07-2261, CIVIL TERM AUDREY SUITE Defendant : CIVIL ACTION - IN DIVORCE PRAECIPE TO TRANSMT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: July 5, 2007; personal service by the Rensselaer County Sheriff's Office, Troy New York, 12181-0389, (518) 270-5448. 3. Date of execution of the plaintiffs affidavit required by Section 3301(d) of the Divorce Code: September 19, 2009. Defendant did not execute a Counter-Affidavit; (2) Date of service of the plaintiffs affidavit upon the defendant: September 21, 2009. 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe, a copy of which is attached: Certified Mail, return receipt requested and First Class mail on October 14, 2009. Date: November 9, 2009 e?1ae?-moo DOUGLAS C. LOVELACE, JR-, Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff IL.l?6..+ :I. _. 2999 N' CI 'w -9 t `1 0, : 3! t y'1+ 1 • ,fir, DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 JOHN R. SUITE, Plaintiff I' r- I r a V ;,. bJ 2009 0111 ? 4 AN I0: 5 9 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2261, CIVIL TERM AUDREY SUITE Defendant : CIVIL ACTION - IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: AUDREY SUITE, Defendant JOHN R. SUITE, Plaintiff, intends to file with the court the attached Praecipe to Transmit Record on or after November 4, 2009, requesting that a final decree in divorce be entered. ?a F, 41? - Date: October 14, 2009 Douglas C. Lovelace, Jr., Esquire Attorney for Plaintiff 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 To?N R, su?r? V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA hu D REY SU.I rk NO. ?c?7- a 2 6 DIVORCE DECREE AND NOW, Akr..J*- 2 s- , toc f , it is ordered and decreed that 301*)q 4. SUITE , plaintiff, and 1`F( bA,F%i s utae , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") N p HS , By the Court, J. P-k4?L - P thonotary ?x. xaad?