HomeMy WebLinkAbout08-1378Thomas R. Levan
Plaintiff
V.
Elizabeth A. Levan
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO.08- 13r] b CIVIL TERM
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
ORIGINAL
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 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, 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 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 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
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Thomas R. Levan IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND. COUNTY PENNSYLVANIA
V. NO. 08- ?'J71S CIVIL TERM
Elizabeth A. Levan
Defendant IN DIVORCE
?,ivirLr?tly ui?li?tc 3su1 c or cluy THE DIVORC
1. Plaintiff is 6%hkcky L ux3?,-\t\ , who currently resides at
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Cumberland County, Pennsylvania.
2. Defendant is __E i -r- a. 6 fu R ?. Feu vw? , who currently resides at
ag or lk dw 9 ayuA V tLL- O j,? ff \LL,'. 1 7ofy,
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at
least the six months prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on
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5. The marriage is irretrievably broken, and the parties separated on
6. There have been no prior actions of divorce or annulment between the parties.
7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the
military service of the United States of America, but is in fact living at the address
given in Paragraph 2 above.
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8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have
the right to request that the Court require the parties participate in counseling.
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce.
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Date Plaintiff, Pro Se
1, - , verify that the statements made in this Complaint
are true and correct to the best of my knowledge, information, and belief. I understand that false
statements made herein are subject to the penalties for unsworn falsification to authorities as
provided in 18 Pa. C.S. §4904.
Date:
Plaintiff, Pro Se
Assisted by:
Diane Radcliff, Esq.
Law Firm of Diane Radcliff
3448 Trindle Road
Camp Hill, PA 17011
(717) 737-0100
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ORIGINAL
Thomas R. Levan
Plaintiff
V.
Elizabeth A. Levan
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
: NO. 08- 13 -2 a CIVIL TERM
IN DIVORCE
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Thomas R. Levan, Plaintiff, to proceed in forma au eris.
I, Diane Radcliff, attorney for the party proceeding in forma au eris, certify that I
believe the party is unable to pay the costs and that I am providing free legal services to the
party.
Esquire
ttorney for aintiff
Law Firm of Diane Radcliff
3448 Trindle Road
Camp Hill, PA 17011
(717) 737-0100
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Thomas R. Levan : IN THE COURT OF COMNQ
Plaintiff CUMBERLAND COUNTY MOW
V. NO. 08-1-5-72( CIVIL TERM
Elizabeth A. Levan
Defendant IN DIVORCE
NOTICE TO DEFENDANT
If you wish to deny any of the statements set forth in this affidavit, you must file a
counter affidavit within twenty days after this affidavit has been served on you or the statements
will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER
§3301 (d) OF THE DIVORCE CODE
1. The parties to this action separated on k Me M and continued to
live separate and apart for a period of two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of marital property,
lawyer's fees, or expenses if I do not claim them before a Divorce is granted.
I, ?? oetAlr44-' , verify that the statements made in this Affidavit are
true and correct to the best of my knowledge, information, and belief. I understand that false
statements made herein are subject to the penalties for unsworn falsification to authorities as
provided in 18 P.S. Section 4904.
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Date Plaintiff, Pro Se
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THOMAS R. LEVAN IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08-1378 CIVIL TERM
ELIZABETH A. LEVAN IN DIVORCE
AFFIDAVIT OF SERVICE
I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that:
On March 17, 2008, 1 served a true and correct copy of the Complaint in Divorce and
3301(d) Affidavit upon Elizabeth A. Levan, the Defendant, by Certified Mail, Restricted
Delivery, addressed as follows:
Elizabeth A. Levan
1126 Rana Villa Avenue
Camp Hill, PA 17011
The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is
attached hereto as Exhibit "A" and made a part hereof.
NE G. RA LIFF, ESQUIRE
3448 Trindle Road, Camp Hill, PA 17011
Supreme Court I.D. No. 32112
Attorney for Thomas R. Levan
Sworn to and subscribed before me
a Notary Public in and for
Cumberland County, Pennsylvania
this /Y' day of 2009.
NOTARY PUBLIC
My commission expires: 7-A I, j M IOPPENNSYLVANIorah L. Dortay, Notary Public
e HN Boro, Cumberland County
? E)*a Sept 23, 2011
Member, Pennsylvania Assoalation of Notaries
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¦ Complete items 1, 2, and.3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the malipiecs,
or on the front if space permits.
1. Article Addressed to.
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If YES, enter delivery address below. ? No
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CERTIFIED MAIL RETURN RECEIPT CARD
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THOMAS R. LE AN IN THE COURT OF COMMON PLEAS OF
P aintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.l! NO. 08-1378 CIVIL TERM
ELIZABETH A. LEVAN IN DIVORCE
CERTIFICATE OF SERVICE
I, Diane G. Radcliff, Esquire, hereby certify that:
On April', 9, 2008, 1 served a true and correct copy of the 3301 (d) Notice of
upon thel person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure:
Service by First Class Mail Addressed as Follows:
Elizabeth A. Levan
1126 Rana Villa Avenue
Camp Hill, PA 17011
(Defendant)
DIAN DC IFF, ESQUIRE
(A torne:ne ration No 32112)
3448 rl R d
Camp Hill, PA 17011
Email: dianeradcliffCcomcast.net
Phone: (717) 737-0100
Fax: (717) 975-0697
Counsel for Plailntiff, Thomas R. Levan
Dated: ADril912008
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THOMAS R. LEVAN IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08-1378 CIVIL TERM
ELIZABETH A. LEVAN IN DIVORCE
AFFIDAVIT OF NON-MILITARY SERVICE
Commonwealth of Pennsylvania
County of Cumberland
Before me, the undersigned Notary Public, personally appeared Thomas R. Levan,
Plaintiff in the above entitled case, who being duly sworn or affirmed according to law,
deposes and says that the Defendant or respondent above named is not in the military
service of the United States of America, that she has personal knowledge that the said
Defendant or Respondent is:
1. Now residing at 1126 Rena Villa Avenue, Camp Hill, PA 17011;
2. Employment unknown.
THOMAS R. LEVAN
Sworn to and subscribed
before me this ? ax .
day
of 22294e ) 20 Of
NOTARY PUBLIC
Cwnp Hill Bono, Cumberland Count
JCort? E*rea Sept 23, 2011
MMONWEALTH OF PENNSYL NIA
Nodal Sep
Deborah L. Donley, Notary Public
llrl , Pennaylvanla Assocfa n of Nottlries
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THOMAS R. LEVAN
Plaintiff
V.
ELIZABETH A. LEVAN
TO THE PROTHONOTARY:
IN THE COURT OF C MMON PLEAS OF
CUMBERLAND COUN , PENNSYLVANIA
NO. 08-1378 CIVIL T RM
: IN DIVORCE
PRAECIPE OF TRANSMIT RECORD
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) of the Divorce Code.
2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT:
a. Date of Filing of Complaint: March 3, 2008
b. Manner of Service of Complaint: Certified Mail/Restricted Deli
C. Date of Service of Complaint: March 17, 2008
3. DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTI N 3301(D) OF THE DIVORCE
CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT:
a. Date of Execution: 2/27/2007
b. Date of Filing: 3/3/2007
C. Date of Service: 3/17/2008
4. RELATED CLAIMS PENDING:
No issues have been raised in this case, and there are no issues
5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO Flu
RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE
3301(D)(1)(1) OF THE DIVORCE CODE:
a. Date of Service: 4/9/2008
b. Manner of Service: First Cl. ?-?
FF,
3448 Trindle oad
Camp i , A 17011
Supreme Court ID # 321
Phone: (717) 737-0100
E PRAECIPE TO TRANSMIT
ENTERED UNDER SECTION
RE
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DIANE G. RADCLIFF, ESQUIRE
3448 Trindle Road, Camp Hill, PA 17011
Phone: 717-737-0100
Fax: 717-975-0697
E-mail: dianeradctiff@comcast.net
April 9, 2008
Elizabeth A. Levan
1128 Rana Villa Ave
Camp Hill, PA 17011
Re: Thomas R. Levan vs. Elizabeth A. Levan
Cumberland County Divorce No. 08-1378
Dear Ms. Levan:
ALE
I am enclosing with this letter the Notice of Intention to Request Entry of 3301(d) Divorce
Decree and Counter-Affidavit under Section 3301(d) pertaining tot the above referenced
divorce action. Please note that if you do not file an answer to the divorce complaint
or counter-affidavit by April 30, 2008, a divorce decree will be entered by the Court.
Very truly yours,
DIANE G. RADCLIFF, ESQUIRE
DGR/dr
Enclosure: Notice of Intent
Counter-Affidavit
cc: File No. 22-08-D-LS
Transmission by mail
THOMAS R. LEVAN
Plaintiff
V.
ELIZABETH A. LEVAN
NOTICE OF INTEN'
TO: ELIZABETH A. LEVAN,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND OUNTY, PENNSYLVANIA
NO. 08-1378 CIVIL TERM
IN DIVORCE
UEST ENTRY OF 3301 (1 DIVORCE DEC
You have been sued in an action for divorce. You have failed
a counter-affidavit to the 3301(d) affidavit. Therefore, on or after
can request the court to enter a final decree in divorce.
answer the complaint or file
)ril 30, 2008, the other party
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. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE
COURT IS ATTACHED TO THIS NOTICE. 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 R NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone No. (717) 249-3166
DIANE G. DCLIFF, ESQUIRE
-3,1?8 Trindle Road
\ -Camp-ifi-l-l, -PA 17011
Supreme Court ID # 32112
Attorney for Plaintiff
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THOMAS R. LEVAN IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08-1378 CIVIL TERM
ELIZABETH A. LEVAN IN DIVORCE
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 sepa
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 retie
lose rights concerning alimony, division of property
if I do not claim them before a divorce is granted.
[ ] (b) I wish to claim economic relief which may include alit
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 delay.
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:
-ate and apart for a period
I understand that I may
lawyer's fees or expenses
y, division of property,
ELIZABETH A. LEVAN, Defendant
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT
WISH ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THISICOUNTER-AFFIDAVIT.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
No. ng-1 37s CTVTT, TRRM
VERSUS
ELIZABETH A. LEVAN,
Defendant
DECREE IN
DIVORCE
AND NOW, JA60A,0" !3 ,?C)C)R , IT IS ORDERED AND
DECREED THAT THOMAS R LEVAN , PLAINTIFF,
AND ELIZABETH A. LEVAN
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
,DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD, I S ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; 7,?/)
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