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HomeMy WebLinkAbout03-6306 KIMBERLY A. STRAINING Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. :CIVIL ACTION LAW-DIVORCE JOHN J. STRAINING JR. Defendant : NO. 03-(,3'1, CIVIL TERM 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 armulment 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 rnoney or property or other rights irnportant 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, 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 LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Comrnon Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. KIMBERLY A. STRAINING Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. :CIVIL ACTION LAW-DIVORCE JOHN J. STRAINING JR. Defendant : NO. 03- (,.1"'cIVIL TERM COMPLAINT The plaintiff, Kimberly A. Straining, by her attorneys, the Family Law Clinic, sets forth the following cause of action: DIVORCE UNDER 23 Pa.C.S. SECTION 330 I( c) AND 330 I( d) OF THE DIVORCE CODE 1. Plaintiff is Kimberly A. Straining, who currently resides at I I A Richland Lane, Apartment T3, Camp Hill, Cumberland County, Pennsylvania, 170 II. 2. Defendant is John J. Straining, who currently resides at 1955 Kinsington Street, Harrisburg, Dauphin County, 17104. 3. Plaintiff and Defendant have been bona fide residents in the Cornrnonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were rnarried on May 9, 1998 in Camp Hill, Cumberland County, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since May of 1999. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the marriage. Date 11\\~\0 L~al~ Certified Legal Intern ~,~jJrUIL-( - TlfOMAjM. PLACE 71 ROBERT E. RAINS ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/240-5204 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject rne to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: /O-.2I-W03;; K JJ'lI b ~ A PA.l-~.Aha uUn If Kifuberly A. Straining 0 KIMBERLY A. STRAINING Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. :CIVIL ACTION LAW-DIVORCE JOHN J. STRAINING JR. Defendant : NO. 03-103::1'0 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Sherif: Kindly allow Kimberly A. Straining, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully subrnitted, Date: \'j,\4 \02> ([w~/~AAM~~ ~;tarnmana Certified Legal Intern c;!4t:ft-rt ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 170 I3 717-243-2968 KIMBERL Y A. STRAINING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE JOHN J. STRAINING, JR., Defendant : NO. 03-6306 CIVIL TERM NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having been granted divorced from the bonds of matrimony on the 29th day of April, 2004, hereby elects to retake and hereafter use her previous name of Kimberly A. Shiley and gives this written notice avowing her intention to do so pursuant to the provisions of 54 Pa. C.S. S704. ~'v",~ ,\,~Afntn;,",~ h' fI~ Kimberly A. tra'ning Wishes To Be Known As: ~'",^"'~"'\\J A~h,,\lh' Kimberly A. Shi"fy ./ I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On the 15th day of September, 2005, before me, a Notary Public, personally appeared Kimberly A. Straining, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. ~~' II~ I ) 0ftLt OTARY P Ie Nolan'ar Seal , , .' l<lurie L. Wolf, Notary Public I' .:)ol..~!h MlddJeton Twp., Cumberland Coun!}' _~~~,,'2~mfT1lsslon Expires Jan. 7, 2006 ' " -""'1~A\i'("~:e ,':k~,tjdA:lion Of NUtiJii:;~-1 ~ Q. q, P '-l4 ~ .~'" ~ % ("'s:. t- ~o ~'<J .......... B ~ '\lb ;) ~ :~-~\ IJ -..) ~ '~l-iO;::) ..0 .>- :::::)\""0 ~ q ';---\ C> ~ V, t::" :z ~ ~ .p VI ;- KIMBERLY A. STRAINING Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. :CIVIL ACTION LA W- DIVORCE JOHN J. STRAINING JR. Defendant : NO. 03- 6306 CIVIL TERM VERIFICATION OF SERVICE Understanding that the rnaking of any false statement would subject The Family Law Clinic to the penalties of 18 Pa. C.S. ~4904 (relating to unsworn falsification to authorities), the undersigned verifies that Lara Mammana rnailed a true copy of a Divorce Complaint to the Defendant by placing the same in the U.S. Mail, certified no.7002 0860 0001 5847 8363, restricted delivery, return receipt requested, postage prepaid, on the 17th, day of December, 2003 addressed as follows: John Joseph Straining, Jr. 1955 Kensington Street Harrisburg, PA 17104 Sender's receipt no.7002 0860 0001 58478363, is attached hereto and incorporated by reference. On the 3 day ofJanuary 2004, green return receipt no. no.7002 0860 0001 58478363, was delivered to the Family Law Clinic, bearing the signature John Joseph Straining Jr. and showing a date of service of December 19,2003. Dated: \\q\m \ The return receipt is attached hereto and ~~1(u~/'- ar Mammana' Certified Legal Intern F AMIL Y LAW CLINIC 45 N. Pitt St. Carlisle, P A 17013 717-243-2968 incorporated by reference. . Complete ~ems 1, 2, and 3. Also complete Item 4 K Reatrlcted Delivery Is desired. . Print your name and address on the rev.... so that we can return the card to you. . Attach this card to the back of the mallplece, or on the front if spaca permits. 1. Article Addressed to: ~:,~ '-' JDh(\ J. Stvcunintl, Jr I C\'SS ~ro\ liQ}-tDr\ ~. furn':>bUf5 I r~ \I\DY MAIL lX 2 7002 08bO 0001 5847 83b3 PS Fonn 3811, July 1999 Domestic Return Recelpt 10259S.......'i,}\. m .Jl m 00 I"- ~ 00 U'J .-'l CI CI CI , US t'U ,1.1' CERTIFIED MAIL HcCclf' I (flU 'I" [" '1/,{ UJlI, ',I ,I '11 ,:1 Li 0 ....., = 0 S; = 'fl ~ ~ <- ..... r';'j ,. ;bo ::I: ;.~ ~. 2 nlf!J ~.:. I -orn ~!~_.- 1..0 :06 r.:':i"_:: ~.~ '-' ..-- -0 -r-,j ~~ '. g~;5, () _.. C~ 1'-) :,~ 5;2 :::.2 N ,j,) -' -< CertllledFee _$ CI __Fee ...D (6llbaehlltl4 Reqtftd) 00 _DoII\IIIYFe8 2 6 CI (Elldoo....,.,._ Q' ~ __a_ $ 8/0' -. CI . I"- :~i~Pi'~65~~1~~~.t~J.x.:.s._.............. ~__;1P;"l' ~;;'b yo....:*Q........ill:cd:........ KIMBERLY A. STRAINING Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. :CIVIL ACTION LAW-DIVORCE JOHN J. STRAINING JR. Defendant : NO. 03- 6306 CIVIL TERM I{-C~~ AFFIDA VIT UNDER~ 11IJt(c) OF THE DIVORCE CODE I. The parties to this action separated in May of 1999 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 my rights concerning alimony, division of property, lawyer's fees or expenses ifI 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:cA- \<:j-2004 f.0:'rul ~J A. ~-h~ ~ Kimberly Strainihg, ~;;;:;tiff KIMBERL Y A. STRAINING Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. :CIVIL ACTION LA W- DIVORCE JOHN J. STRAINING JR. Defendant : NO. 03- 6306 CIVIL TERM AFFIDAVIT UNDER ~ 3301(c) OF THE DIVORCE CODE I. The parties to this action separated in May of 1999 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 my rights concerning alimony, division of property, lawyer's fees or expenses if! 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. 9 4904 relating to unsworn falsification to authorities. Date: t./~ li-{)t( ~ / ainmg, J~fendant o \,- KIMBERLY A. STRAINING Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. :CIVIL ACTION LAW-DIVORCE , JOHN J. STRAINING, JR. Defendant : NO. 03- 6306 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) 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! 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 04-\9- ,2,,004- ~'. m'nol\h~A.~n \.~ Ki;J;eriy A. Stralni11g:Pi.ti~tiff ~ ;-,"'; I',v' r'. KIMBERLY A. STRAINING Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. :CIVIL ACTION LAW-DIVORCE JOHN J. STRAINING, JR. Defendant : NO. 03- 6306 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE J. 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 !/- / y- It) c:.( ~;;";"g,!<., '" KIMBERLY A. STRAINING Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. :CIVIL ACTION LAW-DIVORCE JOHN J. STRAINING JR. Defendant : NO. 03- 6306 CIVIL TERM CERTIFICATE OF SERVICE I, Carlesha R. Green, Certified Legal Intern, Family Law Clinic, hereby certifY that I am serving a true and correct copy of the Waiver of Notice ofIntention to Request Entry of a Divorce Decree, Affidavit of Consent, and Praecipe to Transmit on John J. Straining, Jr., by '}.' sr )~ 11.' 0 depositing true copies of same in the United Stated mail on the (l day of f1}'J.^-'. 2004. I am mailing the aforementioned to Mr. Straining's place of residence located at 1955 Kensington Street, Harrisburg, PA 17104. ~e Carlesha R. Green Certified Legal Int F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243.2968 KIMBERLY A. STRAINING Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA v. :CIVIL ACTION LA W- DIVORCE JOHN J. STRAINING JR. Defendant : NO. 03- 6306 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry ofa divorce decree: I. Ground for divorce: irretrievable breakdown under 93301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete under receipt by John 1. Straining, Jr., January 3, 2004. 3. Date of execution of the affidavit of consent required by 93301 (c) of the Divorce Code: by plaintiff - April 19,2004; by defendant - April 19, 2004. 4. Related claims pending: none. 5. Date plaintiffs Waiver of Notice was filed with the Prothonotary: April 19, 2004. Date defendant's Waiver of Notice was filed with the Prothonotary: April 9,2 04. 1/p'/&-! Qm~O . Date Carlesha R. Green Ce .tied Legal Intern '\ .\v7 , (bt.. J,,(,J~ "- Lucy 0 X;:-W~:~ Superv sing Attorneys Counsel for Defendant F AMIL Y LA W CLINIC 45 N. Pitt Street Carlisle, PAl 70 13 ~- - j i'- '..:,~:' ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :f:+.:f :of. . . :+: :+: :+: :f 'f. :+;;f.:f. 'f.;t;:f ;f.:+';f.":f.~:f. :+:~:+'~;f." :+. :f:f.:t:;f. :f Of. 'to:f. + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PEN NA. Kimberlv A. Straininq No. 0:3-6:306 Pl;dntiff VERSUS John J. Strnining, Jr. DpfenoAnt DECREE IN DIVORCE AND NOW, Clr(t'( 7'i , 7nv(. IT IS ORDERED AND DECREED THAT KjmhprJy A. StrAinjng AND John J. StrAining, Jr. ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAI NTI FF, , DEFENDANT. 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; . . . . . . . .. 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