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HomeMy WebLinkAbout08-0316FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 3820 Market Street Camp Hill, PA 17011 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Plaintiff CAROLYN S. LINE, Plaintiff v. ARTHUR P. LINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . No. I}g - 3l (v C i v i ~ Term 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 marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA. 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, 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 Respectfully submitted, FRIEDMAN & KING, P.C. By: Jo F. King, Esquire 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 3820 Market Street Camp Hill, PA 17011 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Plaintiff CAROLYN S. LINE, Plaintiff v. ARTHUR P. LINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR SECTION 33010 OF THE DIVORCE CODE 1. Plaintiff is Carolyn S. Line, who currently resides at 80 McAllister Church Road, Carlisle, Pennsylvania 17013. 2. Defendant is Arthur P. Line, who currently resides at 80 McAllister Church Road, Carlisle, Pennsylvania 17013. 3. The parties have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 15, 1984, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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 of Divorce. COUNTI REQUEST FOR EQUITABLE DIVISION OF MARITAL PROPERTY PURSUANT TO 23 Pa C S A § 3502(a) 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage. 10. The Plaintiff and Defendant have been unable to agree as to equitable distribution of the said property to the date of the filing of this Complaint. WHEREFORE, the Plaintiff, Carolyn Line, requests this Court to equitably divide all marital property. COUNT II REQUEST FOR ALIMONY PENDENTE LITE UNDER SECTION 3702 OF THE DIVORCE CODE AND FOR ALIMONY UNDER SECTION 3701(a~ OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference hereto. 12. Plaintiff lacks sufficient property or income to provide for her reasonable needs and legal expenses during the course of this litigation. 13. Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing, pursuant to Section 3702 of the Divorce Code. 14. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 16. Plaintiff requests the Court to enter an award of alimony in her favor, pursuant to Section 3701(a) of the Divorce Code. WHEREFORE, the Plaintiff respectfully requests the Court to enter an award of alimony pendente lite until final hearing, pursuant to Section 3702 of the Divorce Code, and thereafter to enter an award of alimony, pursuant to Section 3701(a) of the Divorce Code. COUNT III REQUEST FOR COUNSEL FEES COSTS AND EXPENSES UNDER && 3104(a)(11.3323(b). 3702 AND 4351(al OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. Plaintiff has employed John F. King, Esquire to represent her in this matrimonial cause. 19. Plaintiff is unable to pay her counsel fees, costs and expenses, and Defendant is more than able to pay them. 20. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 21. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff s reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that pursuant to Sections 3104(a)(1), 3323(b), 3702 and 4351(a) of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiff s reasonable counsel fees, costs and expenses. COUNT IV REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER §§ 3104(A)(1) AND (3) AND 3323(B) OF THE DIVORCE CODE 22. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 23. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 24. While no settlement has been reached as of the date of the filing of this Complaint, the Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 25. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any Divorce Decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to §§ 3104(a)(1) and (3) and 3323(b) of the Divorce Code, the Court approve and incorporate such agreement in the final Divorce Decree. Dated: January ~, 2008 Respectfully submitted, FRIEDMAN & KING, P.C. By: ohn F. King, Esquire ID No. 61919 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 VERIFICATION I, Carolyn S. Line, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint in Divorce; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. --~ r ~. Carolyn S. Line Dated: January f ~~2008 ~, c::~ c;:~ -i1 i" ~' ~ --1 i f "-v ~j ' pr _ s ~k ~` ~, . cn D a W ~. ~ ~ . 0 CAROLYN S. LINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI A V. Civil Action- Law C wK o :n. O -? rT No. 08- 316 Civil CO. ; ARTHUR P. LINE, <<" i c z„ `I Defendant ' ? m IN DIVORCE C' k D AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about May 1, 2008 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. [ 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: ? _ ) ?- / o 6Y OL4 Arthur P. Line. Defendant CAROLYN S. LINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law : No. 08- 316 Civil ARTHUR P. LINE, Defendant 9 IN DIVORCE = , I .):K c= - ACCEPTANCE OF SERVICE I, Arthur P. Line (Defendant), accept service of the Complaint in Divorce under sec iori 3301 (c) and (d) of the divorce code. 1-dl-01? 6'kl' P.4,-", Date Arthur P. Line, Defendant 80 McAllister Church Road Carlisle, PA 17015 CAROLYN S. LINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Civil Action- Law No. 08- 316 Civil ARTHUR P. LINE, - - - , Defendant IN DIVORCE n CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Defendant, do hereby certify that I this day mailed a copy of the within Defendant's Affudavit under Section 3301(d), Notice to Request Entry of Section 3301(d) Divorce Decree and Counter Affidavit upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Carolyn S. Line 1221 Meigs Drive Niceville, Fl 32578 Dated: 5?, ?/- / 0 Michael J. Wh e, Esquire Attorney for Defendant CAROLYN S. LINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action- Law r c' -, No. 08- 316 Civil ARTHUR P. LINE, " cv '- Defendant :< CJ Mfr IN DIVORCE .' c Z ` c' - p Z.: rr NOTICE TO REQUEST ENTRY OF SECTION 3301(d) DIVORCE DES ' TO: Carolyn S. Line 1221 Meigs Drive Niceville, F132578 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 September 20, 2010, 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 far economic relies; 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 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, PA 17013 Phone: (717) 249-3166 (800) 990-9108 CAROLYN S. LINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 08- 316 Civil ARTHUR P. LINE rri n Defendant u, IN DIVORCE -? - ? COUNTER-AFFIDAVIT TINDER 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 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 --t CD r? 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 made herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: Carolyn S. Line, Plaintiff 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. CAROLYN S. LINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 08- 316 Civil C ARTHUR P. LINE, Defendant IN DIVORCE -'- : `p -' WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights coneeming 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. § 4904, relating to unworn falsification to authorities. Date: Carolyn S. Line, Plaintiff CAROLYN S. LINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law : No. 08- 316 Civil ARTHUR P. LINE, , `?Y{ Defendant -? ? IN DIVORCE V) ? WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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. § 4904, relating to unworn falsification to authorities. Date: g -IV /C) on 2 ?-! P_ , L Arthur P. Line, Defendant CAROLYN S. LINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 08- 316 Civil ARTHUR P. LINE, Defendant - ;;; "4 IN DIVORCE -M r-n G`7 F- . - I. ?..? PRAECIPE TO TRANSMIT RECORD ? ° `y7 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 § 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Filed on January 15, 2008. Defendant signed an Acceptance of Service dated January 21, 2008 ( a copy is attached hereto as proof of service- Exhibit A). 3. (b) (1) Date of execution of the affidavit required under by §3301(d) of the Divorce Code: August 19, 2010. (2) Date of filing and service of defendant's affidavit upon the respondent: Filed August 31, 2010 and mailed to the respondent on August 31, 2010. 4. Related claims pending: None. 5. (b) Date Plaintiff's Waiver of Notice in § 3301 (d) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in § 3301 (d) Divorce was filed with the Prothonotary: September 24, 2010 Respectfully submitted, Date: Michael J. Whare, squire 37 East Pomfret Street Carlisle, Pa 17013 (717) 243-3561 Supreme Court 1D # 89028 Attorney for Defendant CAROLYN S. LINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action- Law No. 08- 316 Civil ARTHUR P. LINE, Defendant ; IN DIVORCE ACCEPTANCE OF SERVICE I, Arthur P. Line (Defendant), accept service of the Complaint in Divorce under section 3301 (c) and (d) of the divorce code. i dJ-ol P.4,-." Date Arthur P. Line, Defendant 80 McAllister Church Road Carlisle, PA 17015 r ,~ CAROLYN S. LINE, : IN THE COURT OF ~OMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA I v. :Civil Action- Law I No. 08- 316 Civil ~, c-~ ARTHUR P. LINE, : c ~ -T-i ~ Defendant a ~' ~ IN DIVORCE v ~ rn rv COUNTER-AFFIDAVIT UNDER Section ~i301(d) ~~ ~ OF THE bIVORCE 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 becaus (Check (i), (ii) or both): l~~i (i) The parties to this action have not lived se arate 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 econom~c relief. I understand that I may lose rights concerning alimony, division of property, la~pvyer'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 hem on the other parry. If I fail to do so before the date set forth on the Notice of Intenti{~n to Request Divorce i~ , Decree, the divorce decree may be entered without further ngtice 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. understand that false statements made herein are made subj t to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: arolyn S. L ne, P aintiff NOTICE: If you do not wish to oppose the entry of a div~rce decree and you do not wish to make any claim for economic relief, you should n~t Sle this counter- affidavit. ~I I CAROLYN S. LINE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ARTHUR P. LINE NO. 2008-316 CIVIL DIVORCE DECREE AND NOW, gde_r,??? RHO , it is ordered and decreed that CAROLYN S. LINE plaintiff, and ARTHUR P. LINE , 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, Attest: 4 ;cl 0./3uetill, Pr thonotary a4 f 0 `'yjC- htia? 1D l`