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Home My WebLink About08-4733W6+lvrS8Y?7S„?u Divorce Complaint Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN C. SWADE, Plaintiff NO. ?g -x(733 0,ivu te-w,/ V. 'IVIL ACTION - LAW CHRISTINE G. SWADE DIVORCE Defendant 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMEN F 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. 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 PROVIDER 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. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN C. SWADE, Plaintiff N0. y 7_f? ?I'd ?? V. C VIL ACTION - LAW CHRISTINE G. SWADE DIVORCE Defendant COMPLAINT Plaintiff, Kevin C. Swade, by his attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: COUNT I DIVORCE 1. The Plaintiff is Kevin C. Swade, an adult individual residing at 439 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania. 2. The Defendant is Christine G. Swade, an adult individual residing at 3911 Church Street, Camp Hill, Cumberland County, Pennsylvania 3. Plaintiff and Defendant have been bona fide residents in the Commorwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 29, 1989 at Hershey, Dauphin County, Pennsylvania. 5. Plaintiff avers that there are two (2) children under the age of eighteen (18) born of the marriage, namely, to wit: Danielle N. Swade born October 25, 1991 and Jacob W. Swade born January 9, 1996. 6. There have been no prior actions of divorce or annulment between the parties. 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. -1- 8. Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. Plaintiff avers that the ground on which the action i- based is that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, r---- DIA DCLIFF, ESQUIRk 448 rrind Road Camp Hill, PA 1701 1 Phone: (717) 737-0100 Supreme Court D # 32112 Attorney for Plaintiff -2- a VERIFICATION Plaintiff verifies that the statements made in this Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. KEVIN C. SWADE Date: r) -3- 7 k? W C tea (A _. a C 7 . erg, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN C. SWADE, Plaintiff NO. 08-4733 V. CIVIL ACTION - LAW CHRISTINE G. SWADE DIVORCE Defendant ACCEPTANCE OF SERVICE I, Susan M. Kadel, attorney for the Defendant in the above captioned action hereby accept service of the Complaint duly endorsed with a Notice to Plead, which Endorsed Complaint was filed in the above captioned matter on August 6, 2006. 1 certify that I am authorized to accept service on behalf of the Defendant. Date: d? 244- Susan M. Kadel, Esquire Attorney for the Defendant James, Smith, Dietterick &tConnelly, LLP P.O. Box 650 Hershey, PA 17033-0650 C W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN C. SWADE, Plaintiff NO. 08-4733 CIVIL TERM V. CHRISTINE G. SWADE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 6, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. 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. Section 4904 relating to unsworn falsification to authorities. Dated: 1 1 Q? KEVIN C. SWADE CD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN C. SWADE, Plaintiff V. CHRISTINE G. SWADE, Defendant NO. 08-4733 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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 Waiver 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. Dated: 1 `('Osc C..? KEVIN C. SWADE C+'S rv = ?a rt s KEVIN C. SWADE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4733 CHRISTINE G. SWADE, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 6, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: 14 A-C Christine G. Swade, Defendant CZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN C. SWADE, V. CIVIL ACTION - LAW CHRISTINE G. SWADE DIVORCE Defendant TO THE PROTHONOTARY: 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(c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 8/6/2008 b. Manner of Service of Complaint: Attorney Acceptance of Service C. Date of Service of Complaint: 8/12/2008 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 11/16/2008 b. Defendant: 11/14/2008 4. RELATED CLAIMS PENDING: No issues have been raised in this case, and there are no issues outstanding. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: 11/20/2008 b. Defendant's Waiver: 11/20/2008 Plaintiff NO. 08-4733 Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 rn KEVIN C. SWADE V. CHRISTINE G. SWADE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4733 DIVORCE DECREE AND NOW, >3 X0 , it is ordered and decreed that KEVIN C. SWADE , plaintiff, and CHRISTINE G. SWADE , 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 /11121 rothonotary Attest: J. AZ/