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HomeMy WebLinkAbout08-3267CHARLES W. CLARDY, Plaintiff, vs. MARCI J. CLARDY, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ -,3a(o7 CIVIL TERM 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 17013 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, TO GET LEGAL HELP SHOULD CONTACT: Cumberland County Lawyer Referral Service 2 Liberty Avenue, Carlisle, Pennsylvania 1-(800)-990-9108 COYNE & COYNE, P.C. L~. Jo .Carter, Esquire 3901 Market Street Camp Hill, PA 1 70 1 1-4227 (717) 737-0464 Pa.. Supreme Ct. No. 202849 Attorney for Plaintiff CHARLES W. CLARDY, Plaintiff, vs. MARCI J. CLARDY, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D~• 3~L 7 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NOW COMES the Plaintiff, Charles W. Clardy, by his attorney, John W. Carter, Esquire and files this Complaint In Divorce and avers the following in support thereof: 1. The Plaintiff, Charles W. Clardy, is an adult individual residing at 4641 Westport Drive, Hampden Township, Cumberland County, Pennsylvania 17013. 2. The Defendant, Marci J. Clardy, is an adult individual residing at 4641 Westport Drive, Hampden Township, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are sui juris and have been bona fide residents in the Commonwealth for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 11, 2003 at Las Vegas, Nevada. 5. The Plaintiff is a member of the Armed Services of the United States. 6. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 7. There have been no prior actions of divorce or for annulment between the parties. 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. Further, Plaintiff waives his right to request that the parties participate in marriage counseling. 2 COUNT I-REQUEST FOR A NO FAULT DIVORCE 9. The prior paragraphs of this Complaint are incorporated by reference. 10. The marriage is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. At the appropriate time, Plaintiff may submit an affidavit alleging that the parties have lived separate and apart for at least two (2} years. WHEREFORE, if both parties file affidavits consenint to a divorce after ninety (90) days have elapsed from the filing of this Complaint, or alternatively if the appropriate time has elapsed since date of separation, Plaintiff respectfully request the Court enter a Decree in Divorce, pursuant to Section 3301( c) or Section 3301(d), as may be appropriate. COUNT II -EQUITABLE DISTRIBUTION 13. The prior paragraphs of this Complaint are incorporated by reference. 14. Plaintiff and Defendant have acquired properly, both real and personal, and debt during their marriage. 15. Plaintiff and Defendant have been unable to agree as to the equitable division of said property and debt. 3 WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debt pursuant to the Divorce Code. Dated: Jt ~ (,~ Respectfully submitted: COYNE & COYNE, P.C. By: G~ ohn W. Carter, Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 202849 Attorney for Plaintiff 4 VEBIFIICATION The facts seat forth in the foregoing are true and correct to the best of the undersigned's knowledge, inforniation and belief and are ver~ied. subject to the penalties for unsworn falsercation to authorities under 18 Pa. C.S.A. §4904. ~ ~u ~' (\~`~\` ~~ ~. V _~ ~ Q ~. c~ ` _ V ~\ R s .~ d r ^^~` (,~ V (~ '^`~/ V F~ 1 ' y^~` V ,•a n ~ C: ~~ °, ~,. ~ -r ra °~' c,, , .> ~ t ~~ ~^rt r ~_ . +w- ..ln ~°`