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HomeMy WebLinkAbout08-6430Rachel Lemley, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE Glen Lemley, Defendant : NO.08- 01/30 CIVIL TERM 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, 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, 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, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. RACHEL LEMLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE GLEN LEMLEY, Defendant : NO. 08- 0 y 30 CIVIL TERM DIVORCE COMPLAINT The plaintiff, Rachel Lemley, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. § 3301(d) OF THE DIVORCE CODE 1. 2. 3. 4. 5. 6. 7. 8. 9. Plaintiff is Rachel Lemley, who currently resides at 46 East Pomfret Street, Carlisle, Cumberland County, PA 17013, since April 24, 2002. Defendant is Glen Lemley, who currently resides at 215 Florence Avenue, Jackson, Jackson County, OH 45640, since April 24, 2002. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. Plaintiff and Defendant were married on April 24, 1999 at Parkersburg, Wood County, West Virginia. Plaintiff and Defendant have lived separate and apart since April 24, 2002. There have been no prior actions for divorce or for annulment between the parties. The marriage is irretrievably broken. 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. The Defendant, Glen Lemley, is not in the military service. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Date 0 Rachel Lemley, Plai iff ail Torodash Certified Legal Intern Attorney for Plaintiff ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date 60 A J I /? JV IIA ?/ 1.4 -11, Rachel Lemley, Pl ' iff RACHEL LEMLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE GLEN LEMLEY, Defendant : NO. 08- by 36 CIVIL TERM NOTICE 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. AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on April 24, 2002, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. § 4904 relating to unsworn falsification to authorities. Date ?Q -,-2j Rachel Lemley, Pla' 'ff Rachel Lemley, Plaintiff V. Glen Lemley, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE :NO. 08- V/36 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) 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 fled 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. § 4904 relating to unsworn falsification to authorities. Date M - v9' D$ Zoe& Rachel Lemley, Pla' ff Q C-D -TI )lA C'ti7 Rachel Lemley, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Glen Lemley, Defendant NO. 08- 030CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Rachel Lemley , Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date ail Torodash Certified Legal Intern ROBERT E. RAINS THOMAS M: PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ? a s {.. r n Rachel Lemley, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW IN DIVORCE Glen Lemley, Defendant NO. 08 - 6430 CIVIL TERM CERTIFICATE OF SERVICE I, Gail Torodash , Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Glen Lemley, residing at 215 Florence Avenue, Jackson, Ohio 45640 by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Glen Lemley, on the 1St day of November 2008 as evidenced by the attached green card. iffail Torodash Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 - M r r, C:) n _L _r• .%.- e` E5 MW 4 M NOWAbd b fwd. 0 PM yaw naw animalwo Gave mom so lhd we an IM/n ow OW 10 Ya%L ¦ Aftd-1fib and b #w bw a *w a on, 1. Aw" Atdd?wN . tx z. 7406 $14 1 ?1DE1? , ? 5 ps wim Sol I, ftmwy "M O, Aqw -- by (AiiMd MWAO ( I d Q M ddhwy I1.s 0 1 fmm loin 19 0 rb M YlW wd8r dNwry adds Maw D No & -019 Too ?d octal MM 0 mpa moo O A VI I d 'lLRNtn? R " lp- for Mw dwwft@ . 0 kmmw Mel a Q0.1). 4. RMblobd Dowry? Fli rb 2 4h RACHEL LEMLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE GLEN LEMLEY, Defendant : NO. 08- 36 CIVIL TERM NOTICE 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. AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on April 24, 2002, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. § 4904 relating to unsworn falsification to authorities. Date ?? J o I?Iar" A?? Rachel Lemley, Plai iff i RACHEL LEMLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v : IN DIVORCE GLEN LEMLEY, Defendant : NO: 08-6430 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: GLEN LEMLEY 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 December 12, 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. 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 OR CANNOT FIND OUT WHERE YOU CAN GET LEGAL THE OFFICE SET FORTH BELOW HELP. IF YOU CANNOT AFFORD A LAWYER, AGENCIES THAT MAY OFFER PROVIDE YOU WITH INFORMATION ABOUT LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing'. or business before the court. You must attend the scheduled conference or hearing. ? a ? ?' -n ?.. f i? r - ?,7w .? !-°t'? _'. r ` f "f? }?'?' W` ) ?' CTS t-t . r ?, : ? 7 f t ?? 2', ..?. ?-y C.'a 1 .. .:.1 "" ,. RACHEL LEMLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW IN DIVORCE GLEN LEMLEY, CIVIL TERM Defendant NO. 08-6430 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: November 1, 2008, United States mail, certified, restricted delivery, return receipt requested, postage prepaid. 3. (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: October 23, 2008; (2) Date of filing and service of the plaintiffs affidavit upon the respondent: filed on October 30, 2008, served on November 1, 2008. 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe a copy of which is attached: November 20, 2008, United States mail, first class, postage prepaid. it Torodash Certified Legal Intern Attorney for Plaintiff ROB PT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C 0 t 1l _? ?y" ? rr . / `4 RACHEL LEMLEY V. GLEN LEMLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6430 DIVORCE DECREE AND NOit is ordered and decreed that RACHEL LEMLEY plaintiff, and GLEN LEMLEY , 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. By th-e Court, Attest: ?. Prothonotary - .+ ;4 .11 ?-, 7??L? ?1`1' `IV17", ti RACHEL LEMLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE GLEN LEMLEY, Defendant NO. 08-6430 CIVIL TERM NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in divorce from the bonds of matrimony on January 21, 2009, hereby elects to retake and hereafter use her previous name of Beeman , and gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. § 704. 11 11?V,461 4t achel Lemley Wishes To Be Known As: Rachel Beeman COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. 209-66-1675 On the day of lr??' , 2009, before me, a Notary Public, personally appeared Rachel Beeman, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS THEREOF, I have hereunto set my hand and Notarial Seal T LINDA M. CARVER NOTARY PUBLIC I? E C S DEC. 22, 20 0 XP R MY COMMISSIO E r? -tt G 43 (fj Cis