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Home My WebLink About09-2455 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORIGINAL HEATHER M. POST, Plaintiff NO. 09 -c2g55 Civil (erK V. JOSEPH G. POST, 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 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. 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 : CIVIL ACTION - LAW : DIVORCE Defendant jpktulqlolflo l 1 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 HEATHER M. POST, Plaintiff NO. V. CIVIL ACTION - LAW JOSEPH G. POST, DIVORCE Defendant COMPLAINT Plaintiff, Heather M. Post by her 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 Heather M. Post, an adult individual residing at 9501 West Sahara Ave., Apt 1242, Las Vegas, NV 89117. 2. The Defendant is Joseph G. Post, an adult individual residing at 406 W. Main Street, Shiremanstown, Cumberland County, Pennsylvania. 3. Defendant has been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 28, 2002 at Mechanicsburg, Cumberland County, Pennsylvania. -2- 5. There have been no prior actions of divorce or annulment between the parties. 6. 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. 7. Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. Plaintiff avers that the grounds on which the action is based is that their marriage is irretrievably broken; 9. 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. COUNT II EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 11. Plaintiff and Defendant have acquired property, both real and personal, and incurred debts during their marriage, all of which are "marital property" or "marital debts". 12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of the marital property and marital debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all -3- marital property and debts of the parties. Respectfully submitted, MME-G. DCLIFF, ESQUIRE 3448 Trindl Road CamL) PA 1701 1 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff -4- VERIFICATION HEATHER M. POST verifies that the statements made in this Complaint are true and correct. HEATHER M. POST understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. HEATHER M. POST Date: April 16, 2009 -5- FILED--+,'i ?NCE OF THE K-`,` 1,1-07Aqy 2009 AF l 20 1"M a'. 37 vlt' L _.. .. _ ,JIN A 4,v.p4- Go Pb Any IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER M. POST, Plaintiff . NO. Oct -01gcS Live ITer%% V. : CIVIL ACTION - LAW JOSEPH G. POST, DIVORCE 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. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on February 1, 2007 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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 falsifications to authorities. Date: April 16, 2009 4??e HEATHER M. POST, Plaintiff FIE OF Tlq'r- 2009 APR 20 AM 9: 3 7 I.- it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER M. POST, Plaintiff NO. 09-2455 V. JOSEPH G. POST, Defendant : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on April 25, 2009, 1 served a true and correct copy of the Plaintiff's Affidvait Under Section 3301(d) of the Divorce Code upon Joseph G. Post, the Defendant, by Certified Mail, Restricted Delivery, addressed as follows: Joseph G. Post 406 W. Main Street Shiremanstown, PA 17011 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. Sworn to and subscribed before me a Notary Public in and for Cumberland Cou , Pennsylvania thisday of , 20? '. NOTARY PUBLIC My commission expires: IE Gam. RAD IFF, ESQUIRE 3448 Trindle ad Camp 1 , PA 1,7011 Supreme Court I.D. No. 32112 Attorney for Plaintiff COMMONWEALTH OF PENN$YL NIA Notarial Seal Deborah L Donley, Notary Public Camp Hill Boro, Cumberland County My Commission E)pires Sept 23, 2011 Member, Pennsylvania Association of Notaries . 4 • Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. •- Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: 4'ax? '-Y- -Ito? /7o// A. ? Agent ,^" ?y ? Addressee b? ?? ?Ivery D. Is delk y address dl-a t rn 1'? If YES, enter delivery rasa ?` No v t? A 3. Service Type ?GertiBed Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. z. M ole Number (nwww hpr? ,.rab. MW 7008 1300 0001 7603 9090 arrslYr PS Form 3811, Fwxuary 2004 DarnSeft Rob" R'°'tpt o (a) a o t ,s EXHIBIT "A" RETURN RECEIPT CARD FILED 2009 MAY w 7 P 2: [. 8 _ r rt e? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER M. POST, V. JOSEPH G. POST, Plaintiff Defendant NO. 09-2455 CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on April 23, 2009, 1 served a true and correct copy of the Complaint in Divorce upon Joseph G. Post, the Defendant, by Certified Mail, Restricted Delivery, addressed as follows: Joseph G. Post 406 W. Main Street Shiremanstown, PA 17011 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. DIANE G. DCLIFF, ESQUIRE 344 ffTr'lndte Road Camp Hill, PA 17011 Supreme Court I.D. No. 32112 Attorney for Plaintiff Sworn to and subscribed before me a Notary Public in and for Cumberland Cou ty, Pennsylvania this ay of , 200 NOTARY PUBLIC My commission expires: COMMONW AjTW d?NNBVL NIA Notarial Deborah L. Donley, Notary Public Camp Hill Boro, Currrberland County My Comn*51on E)ires Sept 23, 2011 Member, Pennsylvania Association of Notaries • Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: vx&-? -& ve'? LIA 7v Gc>,? r jkvu??? 1q.0 /70// A. S natu x Agent ? Addressee B. R by ) C. Date of Delivery D. is delivery address different from Rem 1? 0 Yes If YES, enter delivery address below:: Y No ?l e S 3 Type X,.fled Mail O Express Mall 0 Registered 0 Return Receipt for Merchandise 0 insured mail 2. Article Number (fiawfarf mWVke ` 7008 1300 0001 7603 9014 WIK i PS Form 3811, February 2004 Domestic Rehm Receipt ,4A-,sw EXHIBIT "A" RETURN RECEIPT CARD OF R E- F,;.`'rr I E- 3 , _ 2009 MAY -7 PH 2: tf 8 3 s .a ,i ?V c t