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HomeMy WebLinkAbout04-2242 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD A. HART, : NO, Oq/- ,,~aq~-- ~O~_~F'~ Plaintiff : VS. ~ : CIVIL ACTION - LAW TEFFY D. HART, : Defendant 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 relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the grounds 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 at the Cumberland County Court House, Carlisle, Pennsylvania 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS, CIVIL ACTION - LAW TEFFY D. HART, Defendant ' IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Richard A. Hart, be'rog duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. Section 4904, relating to unswom falsification to authorities. Richard A. Hart IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD A. HART, NO. Plaintiff VS, CIVIL ACTION - LAW TEFFY D HART, Defendant IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se le avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Cone. Una decision puede tambien set emitida en su contra por cualquier otra queja o compensation reclamados por el demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telefano: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW TEFFY D. HART, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 14th day of May, 2004, comes the Plaintiff, Richard A. Hart, by his attorney, G Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statement: 1. The Plaintiff, Richard A. Hart, is an adult individual who currently resides at 115 Green Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant, Teff=y D. Hart, is an adult individual whose address is currently unknown. 3. The Plaintiff= and Defendant were married on August 13, 1987, and separated on or about April 15, 1992. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Both the Plaintiffand Defendant are sui juris and are citizens of the United States. 8. The Plaintiffavers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiffrequest your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. Respectfully submitted, Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 ID No. 64720 Attorney for the Plaintiff VERIFICATION I, RICHARD A. HART, state that I am the PLAINTIFF in the above-captioned case and that the facts set forth in the foregoing are tree and correct to the best of my knowledge, information, and belie£ I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec. 4904. Richard A. Hart IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD A. HART, NO. 04-2242 Civil Term Plaintiff VS. : CIVIL ACTION - LAW TEFFY D. HART, : Defendant : IN DIVORCE MOTION FOR SPECIAL ORDER DIRECTING METHOD OF SERVICE 1. The Plaintiff and movant is Richard A. Hart, an adult individual who resides at 115 Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Teffy D. Hart, an adult individual whose address is unknown. 3. The Plaintiff and Defendant are married, but permanently separated approximately 12 years ago. 4. The Defendant left the marital residence located in Baltimore County, Maryland, on or about April 15, 1992, and has had no contact with the Petitioner since that date. 5. The Plaintiff has attempted to locate the Respondent by methods detailed in the Affidavit attached hereto as Exhibit "A", without success. 6. The Plaintiffdoes not know of an address by which he can make service of his Complaint in Divorce upon the Defendant. 7. The Plaintiff desires to make service by publication, a~ required by Rule 430 of the Pennsylvania Rules of Civil Procedure, in the form attached hereto as Exhibit "B". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD A. HART, NO. 04-22.42 Civil Term Plaintiff VS. CIVIL ACTION - LAW TEFFY D. HART, Defendant 1N DIVORCE AFFIDAVIT I, RIchard A. Hart, have been married to Teffy D. Hart since 1987. The last time that I saw or heard from my wife was on or about April 15, 1992, when she left the marital home while we were living in Baltimore County, Maryland. Since that date, I have not received any information from any source as to her whereabouts. I have attempted to obtain an address where I can serve her with a complaint in divorce, but I have been unable to obtain any address. I do not know whether she is still using the surname of Hart. I do not know her social security number. At the time she left, she had no driver's license. I do not know the whereabouts of any of her friends or relatives, nor how to learn their whereabouts. In anticipation of my desire to become legally divorced and to enter into a new marriage, I have recently made the following attempts to learn her location: 1. I consulted the Baltimore, Maryland, telephone directory in search of any listing under the name of Teffy Hart or her maiden name, Teffy Ortiz. I found no listings under either of those names. EXHIBIT "A" 2. I obtained telephone numbers from my mother that once belonged to my wife's sister and aunt. I called those numbers and determined that they had been assigned to parties other than my wife's sister and aunt. 3. Based on the suspicion that she may have moved to Maine to be close to her sister who resided there during our marriage, I accessed the internet white pages for the State of Maine. No Terry Hart was listed. However, my fizancge. and I made 10 to 15 telephone calls to Maine residents with the surname of Hart to determine whether any of these were my wife or knew her whereabouts. 4. I obtained a copy of our marriage certificate fre.m the Clerk of the County Courts Building in Towson, Maryland, to determine whether it showed my wife's social security number. It did not. 5. I contacted the social security administration to determine if that agency would provide me with my wife's social security number. They would not. Richard A. Hart, being sworn according to law, deposes and say that he is the t f, t movant in the foregoing matter, and that he ac s set forth in the foregoing 7-?: :x~' are true and correct, partly upon personal knowledge and the remainder upon information and belief. Richard A. Hart, Movant Sworn to and subscribed before me, a Notary Public, this o~O~ay of ,)~F~, 2004 NOTARIAL SEAL G. Patrick O'Connor, Notary Public Lower Allen Twp., Cumberland County My commiss on expires October 28, 2007 WHEREFORE, the Movant requests that this Honorable Court issue a Special Order Directing Method of Service by Publication. Respectfully submitted, · ~G. Patrick O'~onnor, Esquire Attorney I.D. No. 64720 3105 Old Gettysburg Rd. Camp Hill, PA 17011 Phone: 717-7!t7-7760 Dated: 6/1/04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD A. HART, NO. 04-2242 Civil Term Plaintiff VS. CIVIL ACTION - LAW TEFFY D. HART, Defendant : 1N DIVORCE NOTICE If you wish to defend you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without you and a judgment may be entered against you without with out further notice for the relief requested by the plaintiff. You :may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR iLAWYER 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. Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, PA 17013. Telephone: (717) 249-3166. Submitted by: G. Patrick O'Connor, Esquire Attorney I.D. No. 64720 3105 Old Gettysburg Rd. Camp Hill, PA 17011 Phone: 717-737-7760 EXHIBIT "B" JUN 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD A. HART, NO. 04-2242 Civil Term Plaintiff VS. CIVIL ACTION - LAW TEFFY D. HART, Defendant IN DIVORCE SPECIAL ORDER DIRECTING METHOD OF SERVICE AND NOW, this t~~b~ of June, 2004, it is ordered that service o£process by publication shall be conducted by advertising a notice of the above captioned action once in a legal publication in Baltimore County, Maryland, and once in a publication of general circulation within Baltimore County, Maryland, in such form as required by Rule 430 of the Pennsylvania Rules of Civil Procedure. Judge THE DAILY RECORD Case #04-2242 Civil Term Baltimore, July 16,2004 - Civil Action - Law, In Divorce - Richard A. Hart v. Teffy D. Hart We hereby certify that the annexed advertisement of Case #04-2242 Civil Term - Civil Action - Law, In Divorce - Inv:# 30322562 Richard A. Hart v. Teffy D. Hart was published in THE DAILY RECORD, a daily newspaper published in the City of Baltimore on 07/16~2004. R~COR First insertion July 16,2004 Irmmm~c~l~'G~..~.. :... I THE DALLY D COMPANY I'"- mz(e~~..~l Per / i~, ~, ~,~ ~ a~, ~ ..-,I I=.--.-.-,,-.---.I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD A. HART, : NO. 04-2242 Civil Term Plaintiff : VS. ~ : CIVIL ACTION . LAW TEFFY D. HART, : Defendant : IN DIVORCE 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 SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about April 15, 1992, 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 ill 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 penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: ¢~t//~ ~ ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU~I~;I~Y , "" i~ PENNSYLVANIA r". c. · .. RICHARD A. HART, : NO. 04-2242 Civil Term -~- Plaintiff ' · CIVIL ACTION - LAW '-~ '< TEFFY D. HART, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 ofpreperty, 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 at, er it is filed with the Prethonota~. I veril~ that the statements made in the foregoing 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. Richard A. Hart, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD A. HART, : NO. 04-2242 Civil Term Plaintiff : VS. ; : CIVIL ACTION - LAW TEFFY D. HART, : Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the Court for enlry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: By publication on 7/16/04 in legal publication and 7/25/04 in general publication pursuant to Order of Court (Copy attached). 3. (Complete either paragraph (a) or (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff: ; by Defendant: (b) Date of execution of the Plaintiff's Affidavit requit~xi by Section 3301(d) of the Divorce Code: June 16, 2004, and date of service of the Plaintiff's Affidavit upon the Defendant: By publication on 7/16/04 in legal publication and 7/25/04 in general publication and filed contemporaneously herewith. 4. Related claims pending: None. All economic claims have been settled. 5. (Complete either (a) or (b).) (a) Date and manner of service of Notice of Intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(I) of the Divorce Code: Not required as per Rule 1920.42(e)(2) Pa. R.C.P. (b) Date plaintiff's Waiver of Notice was filed with prothonotary: Contemporaneously herewith. / . Patrick O'Connor, Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE Of ~, PENNA. RICHARD A. BART, N O. 2004-2242 Civil Plaintiff VERSUS Defendant DECREE IN DIVORCE - , , IT IS ORDERED AND DECREED THAT R'I'CH~-~,D A. HART , PLAINTIFF, A N D ~EFF~' D. [-]AR'/' , DEFENDANT, ARE DIVORCED FROM THE BONDS Of MATRIMONY. 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; N(:xte. ATTEST~ j. PROTHONOTARY