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HomeMy WebLinkAbout04-1664MARY C. YOST, VS. JOSEPH J. REILLY, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. : : IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. Ifyou wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that ifyou 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 fights 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, 1 Courthouse Square, Carlisle, PA 17013- 3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4* Floor Carlisle, PA 17013-3387 (717) 240-6200 NOTICIA Le han demandado a usted en la torte. Si usted quiere defenderse de estats demand,as expuestas en las paginas siquientes, usted tiene, veinte (20) dias de plazo al partir de lag fecha de las demanda y la notification. Usted debe presentar una apariencia escrita o en persona o Page 1 of 2 por abogado y archival en la torte en forma escrita sus defensas o sus objecciones a las demand,as en contra de su persona. Sea avisado que si usted no se defiende, la cone tomar~i medidas y puede entrar una 6rden contra usted sin previo aviso o notificacion y pot cnalquier queja o alivio que es pedido en la peticiun de demanda, usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUE~TRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4t~ Floor Carlisle, PA 17013-3387 (717) 240-6200 Michael D. Rentschler, Esquire Attorney for Plaintiff Page 2 of 2 MARY C. YOST, Plaintiff VS. JOSEPH J. REILLY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION : : NO. : : IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above-captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013-3387. Prothonotary MARY C. YOST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION JOSEPH J. REILLY, : NO. ~3t/- I~.(~t/ Defendant : : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is MARY C. YOST, an adult individual who currently resides at 510 Arlington Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is JOSEPH J. REILLY, an adult individual who currently resides at 510 Arlington Road, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui juris and both have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on February 14, 2000 in Sedona, Arizona. 5. The marriage is irretrievably broken. 6. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction, with regard to this marriage. 8. The Plaintiffhas been advised ofthe availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for Divorce Due to Irretrievable Breakdown Under 3301(e) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. ARer ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff imends to file an affidavit consenting to a divorce. Plaintiffbelieves that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the fight to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301 (c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporate herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. The parties are intending to live separate and apart as of April 15, 2004. When two (2) years have elapsed from the date of final separation, Plalntiffwill file her affidavit of having lived 2 separate and apart, provided a divorce decree has not already been granted pursuant to Section 3301C of the Divorce Code. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, it is respectfully requested that this Court enter a Decree in Divorce, pursuant to Section 3301(d) of the Divorce Code. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Remschler, Esquire Attorney for Plaintiff Supreme Court I.D. ~45836 28 North 32nd Street Camp Hill, PA 17011 (717) 975-9129 3 VERIFICATION I, MARY C. YOST, verify that the statements made in the Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Po~ C.S. § 4904 relating to unswom falsification to authorities. Plaintiff CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing Complaint in Divorce by Certified Mail, restricted delivery, return receipt requested to the following: Joseph J. Reilly 510 Arlington Road Camp Hill, PA 17011 Date: MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff PROOF OF SERVICi ~ OF COMPLAINT (return receipt dated April 17, 2004)) 2 MARY C. YOST, VS. JOSEPH J. REILLY, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. 04-1664 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce ,Code was filed on April 16, 2004 and was served upon the Defendant on April 17, 2004, by certified mail, restricted delivery, return receipt requested. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree of divorce after service of a Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage coun:seling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. All marital property, both real estate and personal property, and ail marital debts have been resolved by the parties. I verify that the statements made in this Affidavit are tree and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Dated: ~(~SEPI~$. RE~I~LY, Defendant MARY C. YOST, VS. JOSEPH J. REILLY, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION : : NO. 04-1664 CIVIL : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301{e) 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 fights concerning alimony, division of property, lawyer's fees, or expenses ifI 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.A. § 4904 relating to unswom falsification to authorities. SEPI(I/J. I~CY, ~/ Defendant MARY C. YOST, VS. JOSEPH J. REILLY, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 04-1664 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorc, e Code was filed on April 16, 2004 and was served upon the Defendant on April 17, 2004 by certified mail, restricted delivery, return receipt requested. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree of divorce after service of a Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. All marital property, both real estate and personal property, and all marital debts have been resolved by the parties. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Dated: Plaintiff MARY C. YOST, VS. JOSEPH J. REILLY, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 04-1664 CIV1L TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(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 ifl 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. Date: IV,~y ~. YOST(/ Plaintiff MARY C. YOST, Plaintiff VS. JOSEPH J. REILLY, Defendant : _.THE COtmT OF COMMON PLEAS OF · UUMBERLAdND COUNTY, PENNSYLVANiA : CIVIL ACTION ; : NO. 04.1664 1N DIVORCE TO: the Prothonotary PRAECIPE TO TRANSMIT lq ;~CORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: ' - 2. lrretrievabl e breakdown under S ecti on 3301C of the Divorce Co de. Date and manner of service of the complaint- April delivery, retttm receipt requested· · 17, -'!004, by Certified mail, restricted 3. Date °fexecuti°n °fthe affidavit ofconsent required by Section 3301C ofthe Divoree Code: by Plaintiff on August 1 I, 2004; by defendant on August 4. Related claims pending: None 12, 2004. 5. Date plaintiff's Waiver of Not/ce 6. Date defendant's was filed with Prothonotary August 16, 2004. Waiver of Notice was filed with Prothonotary: August 16, 2004. Respectfully submitted, Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. #45836 28 N. 32"a Street Camp Hill, PA 17011 (717) 975-9129 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~, PENNA. MARY C. YOST ~ ' No. 04-1664 VERSus JOSEPH j. REILLY DECREE 1N DIVORCE DECREED THAT AND~. ARE DIVORCED FrOM THE BONDS OF MATRIMONY. IT ;S ORDERED AND -- , PLAiNTiFF, , DEFENDANT, 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;