HomeMy WebLinkAbout08-1380
ORIGINAL
Connie M. Comer IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO. 08- 153-0 CIVIL TERM
Rodney W. Comer
Defendant 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 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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Connie M. Comer IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO. 08- CIVIL TERM
Rodney W. Comer ;
Defendant IN DIVORCE
1. Plaintiff is
e, 9-d.aPta.
Cumberland County, Pennsylvania.
2. Defendant is? .
or
who currently resides at
who currently resides at
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 1" qq at
Duncox rv1 on t-1
5. The marriage is irretrievably broken, and the parties separated on
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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.
ECAD C39 f-?Ws
Date Plaintiff, Pro Se
I m -LLm
, ,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.
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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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Connie M. Comer
Plaintiff
V.
Rodney W. Comer
Defendant
IN THE COURT OF COMMON P
CUMBERLAND COUNTY PENN WNAL
NO. 08- 1'3ab CIVIL TERM
IN DIVORCE
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Connie M. Comer. 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.
Law Firm of Diane Radcliff
3448 Trindle Road
Camp Hill, PA 17011
(717) 737-0100
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Connie M. Comer IN THE COURT OF COMMON
ZWEI I WwtL
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO. 08-
CIVIL TERM
Rodney W. Comer
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 _ C5?1'Ylh2r ': 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,
=s, or erm i I do not claim them before a Divorce is granted.
I° M ` , 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 unswom falsification to authorities as
provided in 18 P.S. Section 4904.
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Date Plaintiff,
Pro Se '
JAN1016?
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01380 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMER CONNIE M
VS
COMER RODNEY W
DAVID MCKINNEY Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - DIVORCE was served upon
COMER RODNEY W the
DEFENDANT , at 1559:00 HOURS, on the 2nd day of April 2008
at CUMBERLAND COUNTY PRISON 1101 CLAREMEONT ROAD
CARLISLE, PA 17013 by handing to
RODNEY W COMER
a true and attested copy of COMPLAINT - DIVORCE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Out of Couny
Surcharge
Postage
Sworn and Subscibed to
before me this
of
So Answers:
18.00
5 .00
9.00
10.00 R. Thomas Kline
.97
42.97 00/00/0000
Bye
day Deputy Sheriff
A.D.
CONNIE M. COMER
Plaintiff
V.
RODNEY W. COMER
Defendant :
IN THE COURT OF COMMON PLEAS
OF COUNTY OF CUMBERLAND
NO. 08-1380 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I, Diane G. Radcliff, Esquire, hereby certify that:
On April 23, 2008, 1 served a true and correct copy of the 33010 Notice of
Intention to Request Entry of Divorce Decree and 3301(d) Counter-Affidavit
upon the 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:
Rodney W. Comer
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
(Defendant )
5
DIANE G. RADC FF, ESQUIRE
(At rney Regist ation No 32112)
3448 oad
Camp Hill, PA 17011
Email: dianeradctiff@comcast.net
Phone: (717) 737-0100
Fax: (717) 975-0697
Counsel for Plaintiff, Connie M. Comer
Dated: April 10. 2008
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CONNIE M. COMER
Plaintiff
V.
RODNEY W. COMER
Defendant
IN THE COURT OF COMMON PLEAS
OF COUNTY OF CUMBERLAND
NO. 08-1380 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF NON-MILITARY SERVICE
Commonwealth of Pennsylvania
County of Cumberland
Before me, the undersigned Notary Public, personally appeared Connie M. Comer,
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 the Cumberland County Prison in Carlisle, PA, having been
transferred there from the State Correction Institution at Albion in Erie
County, Pennsylvania
2. Is unemployed.
Sworn to and subscribed
before me this / day
of , 20dk
NOTARY PU LIC
CONNIE M. COMER
COMMONWEALTH OF PENNSYL IA
Notatial Seal
Debdrah L Donley, Notary Public
Ca* Hill Borg, Oxdwland Courdy
My Comrriissim Ekes Sept 23, 2011
Mimber, Pennsylvania Association of Notarles
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01380 P Amended
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMER CONNIE M
VS
COMER RODNEY W
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - DIVORCE
was served upon
COMER RODNEY W the
DEFENDANT , at 1559:00 HOURS, on the 2nd day of April , 2008
at CUMBERLAND COUNTY PRISON
CARLISLE, PA 17013
RODNEY W COMER
by handing to
a true and attested copy of COMPLAINT - DIVORCE
3301D AFFIDAVIT
together with
and at the same time directing His attention to the contents thereof.
Amended
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
i-Pelbr
18.00
5.00
.97
10.00
.00
t, 33.97
Sworn and Subscibed to
before me this
day
of
1101 CLAREMONT ROAD
So Answers:
R. Thomas Kline
00/00/0000
By:
f/ Deputy Sheriff
A.D.
CONNIE M. COMER
Plaintiff
V.
RODNEY W. COMER
Defendant
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-1380 CIVIL TERM
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: 3/3/2008
b. Manner of Service of Complaint: Sheriff of Cumberland County
C. Date of Service of Complaint: 4/2/2008
3. DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE DIVORCE
CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT:
a. Date of Execution: 2/27/2008
b. Date of Filing: 3/3/2008
C. Date of Service: 4/2/2008
4.
5.
RELATED CLAIMS PENDING:
No issues have been raised in this case, and there are no issues outstanding.
DATE AND MANNER OF SERVICE OF THE NOTICE OF
RECORD, A COPY OF WHICH IS ATTACHED, IF THE
3301(D)(1)(1) OF THE DIVORCE CODE:
a. Date of Service: 4/23/2008
b. Manner of Service: First Class Mai
INTENTION TO FILE PRAECIPE TO TRANSMIT
DECREE IS TO BE ENTERED UNDER SECTION
Supreme Court ID # 32112
Phone: (717) 737-0100
DIANE G. RADCLIFF, ESQUIRE
3448 Trindle Road, Camp Hill, PA 17011
Phone: 717-737-0100
Fax: 717-975-0697
E-mail: dianeradcliff@comcast.net
L 01
April 23, 2008
Rodney W. Comer
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
Re: Connie M.Comer vs. Rodney W. Comer
Cumberland County Divorce No. 08-1380
Dear Mr. Comer:
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 to the above referenced
divorce action. Please note that if you do not file an answer to the divorce complaint
or counter-affidavit by May 12, 2008, a divorce decree will be entered by the Court.
Very truly yours,
r
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DIAN G. ADCLIFF, ESQUI E
?flc?.cd?
Enclosure: Notice of Intent
Counter-Affidavit
cc: File No. 22-08-D-LS
Transmission by mail
J
CONNIE M. COMER
Plaintiff
V.
RODNEY W. COMER
Defendant
IN THE COURT OF COMMON PLEAS
OF COUNTY OF CUMBERLAND
NO. 08-1380 CIVIL TERM
IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY OF 3301 (d) DIVORCE DECREE
TO: RODNEY W. COMER,
DEFENDANT
You have been sued in an action for divorce. You have failed to answer the complaint or file
a counter-affidavit to the 3301(d) affidavit. Therefore, on or after May, 13, 2008, 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 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 OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone No. (71.7) 249-3166
-f31-ANE -G. DCLIFF, ESQUIRE
3448 TriNte Road
Camp Hill, PA 17011
Supreme Court ID # 32112
Attorney for Plaintiff
CONNIE M. COMER
Plaintiff
V.
RODNEY W. COMER
Defendant
IN THE COURT OF COMMON PLEAS
OF COUNTY OF CUMBERLAND
NO. 08-1380 CIVIL TERM
IN DIVORCE
COUNTER-AFFIDAVIT UNDER SECTION 3301(d)
OF I HE 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 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:
RODNEY W. COMER, 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 THIS COUNTER-AFFIDAVIT.
F? r7
77
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
CONNIE M. COMER
Plaintiff
N O. 08-1380 CIVIL TERM
VERSUS
RODNEY W. COMER,
Defendant
DECREE IN
DIVORCE
AND NOW, - 2008 IT IS ORDERED AND
DECREED THAT CONNIE M. COMER PLAINTIFF,
AND RODNEY M. COMER 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;
No issues have been raised in this case, and no issues are outstanding.
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