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HomeMy WebLinkAbout07-4749 DAVID W. FLEMING, Plaintiff vs. KATHLEEN L. FLEMING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 foregoing 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 in 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 at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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 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 Telephone: (717) 249-3166 w DAVID W. FLEMING, ) Plaintiff ) vs. ) KATHLEEN L. FLEMING, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N O. a ~- y ~~ ~ r! ~T-~.-. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional 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 this 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 days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. DAVID W. FLEMING, Plaintiff vs. KATHLEEN L. FLEMING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, DAVID W. FLEMING, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is DAVID W. FLEMING, an adult individual who currently resides at 2243 Brigate Road in Enola, Cumberland County, Pennsylvania. 2. The Defendant is KATHLEEN L. FLEMING, an adult individual who currently resides at 2243 Brigate Road in Enola, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 21 July 2006 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I -IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. Sarrrt'iel L. Arfides Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 . ~ • I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date : ~ ~ d DAVID W.FLE NG ~, t.~J Iv° '~. '~~, ln,i t~ ~"^~ "4 ~~ n c~? C` -~ c-~ C:: 3 ..~- r'' v:% .-~ -n cz~t r-y ~- ~? ~,. ~.~ ti ,E ~~i `C DAVID W. FLEMING, PLAINTIFF vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007-4749 Civil Term KATHLEEN L. FLEMING, DEFENDANT IN DIVORCE AFFIDAVIT OF SERVICE BY CERTIFIED MAIL AMY M. HARKINS, being duly sworn according to law, deposes and says as follows: 1. That she is an employee of Samuel L. Andes, attorney for the Plaintiff herein. 2. That on 13 August 2007, she delivered to the U.S. Postal Service in Lemoyne, Pennsylvania, as certified mail (Receipt No. 7004 0750 0002 7282 4994) return receipt requested, addressed to the Defendant herein, a true and correct copy of the Divorce Complaint filed in the above-captioned action duly endorsed with a Notice to Defend and Claim Rights. 3. Said return receipt card is attached hereto as Exhibit A showing a date of delivery to the Defendant on 17 August 2007. AMY M. RKINS Sworn to and subscribed before me this Z ~ +'` day of f } ~, W r f , 2007. Notary-.PuliHc. M! OOIIIIIt~~ Mfr ~ !~ 1 >II~ _ ~ -r"' ..+~^ ~~ i~ I, ., ~._~I O a.wrr, R.o.ipt ~ M«oiw~w. D rrau~e ~ O r,.ao. 4. AN1r10Md t~Mv~q/l ~ ~ D 1iM z. ,~'----- p, ~5~ ' ppQ2 72$2 4994 ~~ ~rr„~t- ~ ~Q~~f ~~ ~ ~ ~ PS Form 3811, Ait~ 1001 ©aMM1s Mfg tarrrlMt ,oxsa~aa~-~sw r Print yowr ~ ~dRlrwa wr the iwws~ w fat vw! arr n iM cr+d ~ you. ~, • A11~Ch tf~t ate!d ~ tlM t~dc tN 1M nnNpho,~,,, or anlM~P~~ ~. tea. Nda~n..a w: ~~ ~ 0'x-3 Bri `~`~ r~c~2s- ~~ ~ , ~ /~ .... l .. ~/ J i ^~'' L. . r ' ""~ ~ "T'S n,r. ;.z- U=` ~_: i ~^ ~ ...-t C~. 1 * ~! I . ~~ 't y ^ r DAVID W. FLEMING, Plaintiff vs. KATHLEEN L. FLEMING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA CIVIL ACTION -LAW NO. 07-47~Y9 CIVIL TERM IN DIVORCE NU11CE 1U IUL-~.NL^~.1VllAPV T 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 on 10 August 2007, and have continued to live separately 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 ~.n ~~:ii~~.j ii i uv iivi ~:ia~iu ~iiwii vviv..~ u ui vvivv i~ biuiiwu. 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: ~ ~~~ ~~~ tO. ~ ~ . l/l~ D VID W. FLEM NG ~i,.Eb-~w~=rir DAVID W. FLEMING, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4749 CIVIL TERM KATHLEEN L. FLEMING, Defendant IN DIVORCE AFFIDAVIT OF SERVICE The undersigned hereby certifies that he served the following documents upon the Defendant in this matter, Kathleen L. Fleming, by depositing those documents in the U.S. Mail, first-class postage prepaid, addressed to her at the following address: Kathleen L. Fleming 140 Lee Ann Court Enola, PA 17025 The documents served upon Kathleen L. Fleming in this fashion were: 1. The Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code, along with a Counter-Affidavit for the Defendant to complete and file. Those documents were served by regular U.S. Mail, in the fashion described above, on 18 August 2009. Copies of the 3301(d) affidavit, the proposed counter-affidavit, and a letter from Plaintiff's attorney are attached hereto and marked as Exhibit A. 2. A Notice of Intention to Request Entry of Divorce Decree, which was served by regular U.S. Mail in the same fashion, on 17 September 2009. A copy of that Notice of Intention to Request Entry of Divorce Decree and a letter from Plaintiff's counsel are attached hereto and marked as Exhibit B. Neither one of the mailings sent to Kathleen L. Fleming as described herein were returned by the U.S. Postal Service and the undersigned believes they were received by the said Kathleen L. Fleming. Dated: 1.5 C) ~'~ ~~ Samuel L. Andes Attorney for Plaintiff SAMUEL L. ANDES ATTOENEY AT LAW MAZLIN6 AD1lEES5: P. O. BOX 168 LEMOYNE. PA 17043-0188 E-MAIL: LawAndes~aot.com 525 NOHTH TWELFTH STREET P. O. BOX 16S LEMOYNE, PENNSYLVANIA 17043 18 August 2009 Ms. Kathleen L. Fleming 140 Lee Ann Court Enola, PA 17025 Dear Ms. Fleming: a f i ~ ;~! ~7 ~~ ~w TELEPHONE (717) 761.3361 FAX (717) T81-1433 As you will recall, I represent your husband David. The two of you have now been separated for two years and David would like to conclude a divorce. The first step in that process is for me to file an Affidavit with the court in which David states the two of you have lived separate and apart for two years and for me to then serve you with a copy of that Affidavit. I have done that and I enclose a copy of the Affidavit we filed along with a counter affidavit for you to file if you choose to do so. Depending upon whether you respond to t his Affidavit and, if you respond, how you respond, I will send you another notice within approximately four weeks. We can avoid all of that, and make the entire process much more simple, if you will simply sign an Affidavit of Consent and a Waiver of Further Notice. I have enclosed a copy of that document so that, if you are willing to cooperate so that we can conclude the divorce now without further proceedings, we can do so. If you are willing to do that, please sign the enclosed Affidavit of Consent and Waiver of Notice and return them to me promptly. If you have questions about this, you may want to consult an attorney again. If you do so, please have your attorney contact me. Thank you for your cooperation. Sincerely, Samuel L. Andes amh /Enclosures cc: Mr. David W. Fleming ~xl~~d,f F~ DAVID W. FLEMING, Plaintiff vs. KATHLEEN L. FLEMING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ~~ CIVIL ACTION - LA' =;~ .-ter, G~ ~.. '~C..', NO. 07-4749 CIVIL .M N •~- -~ A. ~ ~... v :T: ~' IN DIVORCE ,~ 4 NOTICE TO DEFENDANT ~~ ,: n =s --, 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 on 10 August 2007, and have continued to live separately and apart for a period of at least two years. Z. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or +?i~C.ilsis TfI do 1>.7t CiaTm them before a d1VOTCe 2s granted. L 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: ~,.e~, ~~~' di~y~ Y-~ r ~s/ DAVID W. FLEM G DAVID W. FLEMING, Plaintiff ) vs. ) KATHLEEN L. FLEMING, ) Defendant ) IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CNIL ACTION -LAW NO. 07-4749 CNIL TERM IN DNORCE 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 2 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 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. Section 4904 relating to unsworn falsification to authorities. Date: KATHLEEN L. FLEMING 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. FILE COPY SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET LEMOYNE, PENNSYLVANIA 17043 Mailing Address: P.O. Box 168 Lemoyne, PA 17043-0]68 17 September 2009 Ms. Kathleen L. Fleming 140 Lee Ann Court Enoia, PA 17025 Dear Mrs. Fleming: Telephone: (717) 761-5361 Fax: (717) 761-1435 E-Mail: LawAndes C~3 aol.com As I told you in my last letter, I will be filing some additional documents with the court to conclude the divorce action that David filed two years ago. I enclose for you a notice of our intention to file the documents with the court, acounter-affidavit for you, and a copy of the praecipe to transmit the record which I will file with the court. If you have any questions about these documents, please consult an attorney and have that attorney contact me. Sincerely, Samuel L. Andes le Enclosures cc: Mr. David W. Fleming Exti~d,f B DAVID W. FLEMING, Plaintiff vs. KATHLEEN L. FLEMING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 07-4749 CIVIL TERM CIVIL ACTION -LAW 1N DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE T0: Kathleen L. Fleming 140 Lee Ann Court Enola, PA 17025 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 S o c-rv8 ~ 2009, 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 aCounter-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 TH15 PAPER TO YOUR ATTORNEY 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 Telephone: 717-249-3166 DAVID W. FLEMING, ) Plaintiff ) vs. ) KATHLEEN L. FLEMING, ) Defendant ) IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4749 CIVIL TERM IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301 (D) OF TIIE 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 2 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 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. Section 4904 relating to unsworn falsification to authorities. Date: KATHLEEN L. FLEMING 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. DAVID W. FLEMiNG, Plaintiff vs. KATHLEEN L. FLEMING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4749 CIVIL TERM 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 Section 3301(c). 2. Date and manner of service of the Complaint: Divorce Complaint was filed on 10 Aueust 2007 and served upon the Defendant 17 Aueust 2007 (Affidavit of Service by Certified Mail filed 30 Aueust 2007) 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: by Defendant: 2009. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: 10 Aueust (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: Filed 17 August 2009, served upon Defendant 18 August 2009. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: 17 September 2009 by U.S. Mail. (b) Date PlaintifYs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Date: BY. Samuel L. Andes Attorney for Plaintiff i1~r~ iJ'~= ~ ~? ~ ~~i 2' V ~-'r / .t DAVID W. FLEMING, Plaintiff vs. KATHLEEN L. FLEMING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 07-4749 CIVIL TERM 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 Section 3301(c). 2. Date and manner of service of the Complaint: Divorce Complaint was filed on 10 August 2007 and served upon the Defendant 17 August 2007 (Affidavit of Service by Certified Mail filed 30 Aueust 2007). 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: by Defendant: (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: 10 August 2009. (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: Filed 17 August 2009, served upon Defendant 18 August 2009. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: 17 September 2009 by U.S. Mail. (b) Date PlaintifYs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Date: _ ~5 ©~~~i ZC~4i muel L. Andes Attorney for Plaintiff ., DAVID W. FLEMING, Plaintiff vs. KATHLEEN L. FLEMING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 07-4749 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE T0: Kathleen L. Fleming 140 Lee Ann Court Enola, PA 17025 You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counter-Affidavit to the PlaintifYs Affidavit. Therefore, on or after 8 o cTz~B E7Q 2009, 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 aCounter-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 ATTORNEY 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 Telephone: 717-249-3166 .•- `-- - ~~;.: AILED-t:;~~ 1,~~ ~~,~~ QLT ~ J fJ; t ~'~ O:J ~, ~ , , .. f L I _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID W. FLEMING, V. KATHLEEN L. FLEMING, DIVORCE DECREE AND NOW, ~ c.~ 0~ LJ 10 "t_ 0~_, it is ordered and decreed that DAVID W. FLEMING, KATHLEEN L. FLEMING, NO. 07-4749 CIVIL TERM plaintiff, and 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.") NONE By the Court, • Y1 Attest: ~ Protho tary