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HomeMy WebLinkAbout01-6314IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH C. KENNEDY-MARKLE, Plaintiff RONALD SCOTT MARKLE, Defendant CIVIL ACTION - LAW NO. 2001- 1N 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 fights 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, Pa. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH C. KENNEDY-MARKLE, Plaintiff RONALD SCOTT MARKLE, Defendant CIVIL ACTION- LAW NO. 2001- (0--~ lq IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 5th day of November, 2001 comes Plaintiff, DEBORAH C. KENNEDY- MARKLE, by and through her attorneys, the Law Office of Michael J. Hanft, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Deborah C. Kennedy-Markle, who currently resides at 1402 Viewmore Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Ronald Scott Markle, who currently resides at 85 Greenview Street, 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 of this Complaint in Divome. 4. The parties were married on August 26, 1995 in Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(c) of the Divorce Code of 1980, as amended. 6. The Plaintiff has 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, LAW OFFICE OF MICHAEL J. HANFT Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 VERIFICATION I VERIFY that the statements set forth in the attached document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unswom falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH C. KENNEDY-MARKLE, Plaintiff RONALD SCOTT MARKLE, Defendant CIVIL ACTION - LAW NO. 2001-6314 IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this q day of November, 2001, I, Michael J. Hanft, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on November 7, 2001, but actual service took place on November 21,2001, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Ronald S. Markle 85 Greenview Street Carlisle, PA 17013 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT i~ch/ael J. Hanff~ Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Complete items 1 ~ and 3. Also complete imm 4 if Restrlcted~l~live~ is desired. Pnnt your name ~d~[d.dress on the reverse so that we can returl~e card to you. · Attach this card to the back of the mallpiece, PS Form 3811, July 1999 Domestic Ratum Receipt 3 S~vice Type r ~ Maid i-i Express Mail i'~ Registered [] Return Receipt for Merchandise i~ Insured Mail [] C.O.D. 4. Restricted Delhi./? (Extra Fee) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH C. KENNEDY-MARKLE, Plaintiff RONALD SCOTT MARKLE Defendant CIVIL ACTION - LAW NO. 2001-6314 IN DIVORCE AFFIDAVIT OF CONSENT 1. A coml>laint in divorce under § 3301(c) of the Divorce Code was filed on 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date o£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 enlxy 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 unswom falsification to authorities. Date: Ronald Scott Markle (Defendant) INLTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH C. KENNEDY-MARKLE, Plaintiff CIVIL ACTION - LAW NO. 2001-6314 RONALD SCOTT MARKLE Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI 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 statemems herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: Ronald Scott Markle (Defendant) 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH C. KENNEDY-MARKLE, Plaintiff RONALD SCOTT MARKLE Defendant CIVIL ACTION - LAW NO. 2001-6314 IN DIVORCE WAIVER OF DEFECTS OF SERVICE I, Ronald Scott Markle, waive any defects of service. Ronald Scott iMarkle (Defendant) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH C. KENNEDY-MARKLE, Plaintiff RONALD SCOTT MARKLE Defendant CWIL ACTION - LAW NO. 2001-6314 IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY (IF DIVORCE DECREE TO: Deborah C. Kennedy-Markle 1402 Viewmore Drive Carlisle, PA 17013 Ronald Scott Markle (Defendant) intends to file with the court the attached Praecipe to Transmit Record on or after May 24~ 2004 requesting that a final decree in divorce be entered. /'?/a? o3, otoOg Date Ronald Scott Markle (Defendant) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH C. KENNEDY-MARKLE, Plaintiff RONALD SCOTT MARKLE Defendant CIVIL ACTION - LAW NO. 2001-6314 1N 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 ,~-3~4{~)-~ § 3301(d)(1) of the Divorce Code 2. Date and Manner of service of the Complaint: 11/21/2001 certified mail. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by plaintiff _; by defendant (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: 5/3/2004; (2)Date of filing and service of the Defendants affidavit upon the respondent: 5/3/2004 . 4. Related claims pending: There are no related claims raised or pending. 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: 5/3/2004~ certified mail. (b) Date plaintiff's waiver of Notice was filed with the Prothonotary: (c) Date defendant' Waiver of Notice was filed with the Prothonotary: Ronald Scott Markle (Defendant) Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH C. KENNEDY-MARKLE, Plaintiff RONALD SCOTT MARKLE Defendant CiVIL ACTION - LAW NO. 2001-6314 IN DIVORCE COUNTER-AFFIDAVIT UNDER § 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 iiretfievably 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 thereal~Ier to file any economic claims. 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 unswom falsification to authorities. 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 DATE: PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH C. KENNEDY-MARKLE, Plaintiff RONALD SCOTT MARKLE Defendant C1VIL ACTION - LAW NO. 2001-6314 IN DIVORCE § 3301(d) Affidavit 1. The parties to this action separated on November 5~ :2001 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, layers fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are tree ancl correct. I understand that false statements herein are made subject to the penalties of ][8 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: '~¢~' a~/.too % Defendant: Scott Markle IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH C. KENNEDY-MARKLE, Plaintiff RONALD SCOTT MARKLE Defendant CIVIL ACTION - LAW NO. 2001-6314 1N DIVORCE PRAECIPE TO TRANSMIT RI;CORD 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 o .... ~vj cr § 3301(d)(1) of the Divorce Code 2. Date and Manner of service of the Complaint: 11/21/2001 certified mail. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by plaintiff _; by defendant (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: 5/3/2004; (2)Date of filing and service of the Defendant,,; affidavit upon the respondent: 5/3/2004 . 4. Related claims pending: There are no related claims raised or pending. 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: 5/3/2004~ certified mail. (b) Date plaintiff's waiver of Notice was filed with the Prothonotary:. (c) Date defendant' Waiver of Notice was filed with the Prothonotary: Ronald Scott Markle (Defendant) Date IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY STATE OF PENNA. VERSUS Ronald Scott Markle NO. 2001 6314 AND NOW, DECREE IN DIVORCE DECREED THAT Deborah C. Kennedy-Markle Ronald Scott Markle 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 FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ATTEST: PROTHONOTARY · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the mveree 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. 2. Attic PS For A. ReceNed b Print C~ 8. Date of Delivery i--I Agent t~ Addressee ~dress different from item 1 ? [] Yes address below: [] No Service Type ~ Certified Mail [] Express Mail 1"3 Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. Restricted Delivery? (Extra Fee) [] Yes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ! Plaintiff : Vs : Defendant.' File No. c~ ~.) / - fz~.~ IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one by marking "x"] __ prior to the entry of a Final Decree in Divorce, or )k. after the entry ofaFinal Decree in Divorce, dated Z~o hereby elects to resmne the prior surname of ~ ~ ~ r~ ~cl. ~.~ , and gives this written notice avowing his / her intention pursuant to the prowsmns of 54 P.S. 704. Date: Signature Signature of name beirtg resumed ~ com4oNwE.4kr i OF PE e S¥I V ) COUNTY or(_.t~rld]JP./lo, cd On the'2~-fMday of i~ ~('} U,.~ ,200t'/, 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 / 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. NOTARIAL SEAL JODY S. SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 Prot~notaE./or Notary Public