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HomeMy WebLinkAbout09-4590BARBARA D. CLINE, CUMBERLAND COUNTY, ENNSYLVANIA Plaintiff . No. 09 , -q $'QQ (it o ` eki vs. Civil Action - Law JOSEPH A. CLINE, : IN THE COURT OF COMMON PLEAS OF Defendant . IN DIVORCE 3301(d) NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 also 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 at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania, 17013 SCHRACK LiNsENBACH LAW OFFICES 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 BARBARA D. CLINE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. VS. Civil Action - Law JOSEPH A. CLINE, Defendant IN DIVORCE 3301(d) NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. SCHRACK & LINSENBACH LAW OFFICES BARBARA D. CLINE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 0 9- zYS40 ?'eu i,1 7'Lw,, VS. Civil Action - Law JOSEPH A. CLINE, Defendant IN DIVORCE 3301(d) COMPLAINT UNDER § 3301(D) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, BARBARA D. CLINE, by and through her attorney, Brian C. Linsenbach, and files the within Complaint in Divorce and represents as follows: 1. Plaintiff is BARBARA D. CLINE, who currently resides at 23 Nottingham Drive, Mechanicsburg, Pennsylvania 17050. 2. Defendant is JOSEPH A. CLINE, who currently resides at 1080 Myerstown Road, Gardners, Pennsylvania 17324. 3. Plaintiff and Defendant are both bona fide residents of the Commonwealth of Pennsylvania, Cumberland County, for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on September 13, 1979 in Newville, Pennsylvania. 5. There are no children born of this marriage. SCHRACK_ & LzNsENBACH LAW OFFICES 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act. 7. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. 10. The causes of action and sections of the Domestic Relations Code under which Plaintiff is proceeding are: Section 3301(d). The marriage of the parties is irretrievably broken. The parties are living separate and apart and, at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. Respectfully Submitted, Brian C. Linsenb , Esquire (87360) Attorney for Plaintiff Schrack & Linsenbach Law Offices 124 W. Harrisburg Street P.O. Box 310 Dillsburg, PA 17019 Telephone: (717) 432-9733 Fax: (717) 432-1053 SCHRACK_& UNSENBACH LAW OFFICES BARBARA D. CLINE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. VS. Civil Action - Law JOSEPH A. CLINE, . Defendant IN DIVORCE 3301(d) VERIFICATION I verify that the statements made in the foregoing Complaint 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 J 0 BARBARA D. CLINE, Plaintiff SCHRACK & UNSENRACH LAW OFFICES 1- U-:- rr 2 0 6 9 JU, -9 pN ! : 33 u CL;,, _ ..,,.. ;. $ 338. SO F?cL Wli( 1 eK't' 424 P-d- zz7?qe BARBARA D. CLINE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 09-4590 Civil Term VS. Civil Action - Law JOSEPH A. CLINE, Defendant IN DIVORCE 3301(d) CERTIFICATE OF SERVICE SCxAcx,& LINSFIN LAW OFFICES I, BRIAN C. LINSENBACH, ESQ., of the law offices of SCHRACK & LINSENBACH, certify that I have served a copy of the Plaintiff s Complaint, upon the Defendant by hand delivery. Service was completed on July 23, 2009, a copy of the signed Acceptance of Service is attached. I verify that the statements made in this Certificate of Service 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. 3 C ate BRIAN C. LIN BACH, ESQ. (87360) SCHRACK & LINSENBACH Law Offices 124 West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 BARBARA D. CLINE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 09 -X590 C'?v c C 1e?? VS. Civil Action - Law JOSEPH A. CLINE, Defendant IN DIVORCE 3301(d) ACCEPTANCE OF SERVICE TtCc?nt tiPC'L"Il;e (1f tcie (?'nt?1n?aiT!t t}+ n1VilYcP in the dbOi/( ai.`.t;ov_ Date: _ / - o?3_ © Z SO RACK UNSF"ACH LAW OFFICES BARBARA D. CLINE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 09-4590 - Civil Term VS. Civil Action - Law JOSEPH A. CLINE, Defendant IN DIVORCE 3301(d) NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE TO: Joseph A. Cline 1080 Myerstown Road Gardners, PA 17324 You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counter-Affidavit to the § 3 301(d) Affidavit. Therefore, on or after `t eA'\>e2 3 atO 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 AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Respectfully submitted, BRIAN C. LINSEN , ESQUIRE Attorney for Plaintiff 124 West Harrisburg Street Dillsburg, PA 17019 Telephone: 717-432-4733 Fax: 717-432-1053 RLENDYTICT OF THE PR9-'KMDTARY 149 SEP -4 PM 3: 06 CUMBEPU=?--lu WUNTY PEN%YLVMIA BARBARA D. CLINE, Plaintiff VS. JOSEPH A. CLINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. X - q5ID Civil Action - Law IN DIVORCE 3301(d) 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 March 9, 1999 and have continued to live separate and apart for a period of at least two years. 2. The marriage of Plaintiff and Defendant 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: 1/, /01 h / ,,j 0. &td BARBARA D. CLINE ) ,%_111.1W FILED Ut:tCE OF T?E PR()IKMTAP.Y 2009 S£P -4 PM 3: 06 CUMBE ,L-i, ; i 61. A INTY° PENNSYLVANIA BARBARA D. CLINE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 09-04590 Civil Term VS. Civil Action - Law JOSEPH A. CLINE, Defendant IN DIVORCE 3301(d) COUNTER AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (check [i], [ii], or both): (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this Counter-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: JOSEPH A. CLINE Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this Counter-Affidavit. FILED-40FRCE OF TIE PR() t-!^! JT.ARY 1009 SEP - 4 PM 3: 0 6 CUMPENf YLi MM oj-UNTY f BARBARA D. CLINE, Plaintiff VS. JOSEPH A. CLINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 094590 Civil Term Civil Action - Law IN DIVORCE 3301(d) CERTIFICATE OF SERVICE I, BRIAN C. LINSENBACH, ESQ., of the law offices of SCHRACK & LINSENBACH, certify that on this date, a true and correct copy of the Affidavit, Notice of Intention to Request Entry of Divorce Decree and Counter-Affidavit under §3301(d) was served by first class mail, as evidenced by the attached certificate of mailing, to the following: Joseph J. Cline 1080 Myerstown Road Gardners, PA 17324 I verify that the statements made in this Certificate of Service 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 BRIAN C. LINSEN ACH, ESQUIRE Attorney for Plaintiff 124 West Harrisburg Street Dillsburg, PA 17019 Telephone: 717-432-9733 Fax: 717-432-1053 A* - Us, , SERVICE CERTIFICATE OF MAILING ar nd po Of MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT Po nt PROVIDE FOR INSURANCE - POSTMASTER fe Received From: BRIAN C. LINSENBACH, ESQ. SCHRACK & LINSENBACH Law offices goo o UNI% ? s p , 0. Box 310 ',Dillsburg, PA 17019- r o A` -V !I g ?N One piece of ordinary mail addressed to: Joseph J- Cline O 1080 11yerstown Road w j sI o o ._a 0 I .? p w m Gardners, PA 17324 •w m co O N PS Form 3817, Mar. 1989 ALED-Q: FILE OF THE F Rr, )THONoTARY 1089 SEP -8 PM i - # CUM':L-; BARBARA D. CLINE, Plaintiff VS. JOSEPH A. CLINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 09-4590 CIVIL TERM 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. Grounds for divorce: irretrievable breakdown under §3301 (d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: July 23, 2009, by hand delivery A copy of the Acceptance of Service is attached hereto 3. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: September 1, 2009 (2) Date of filing and service of the Plaintiffs affidavit upon the respondent: September 4, 2009 SCHRACK & LiNsmtAcH LAW OFFICES 4. Related claims pending: None. All claims settled by written agreement between the Plaintiff and Defendant dated March 9 1999. 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: September 4, 2009 Brian C. Linsenbach, Esquire Attorney for Plaintiff FI , ,,; r 7') Tl V 2009 OCT 13 Ph 2: 14 CLj1bt ?; ?; Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA D. CLINE V. JOSEPH A. CLINE NO 09-4590 Civil Term DIVORCE DECREE AN .• o .in . ?j CA- D NOW, 0 cT-4 _C + D t it is ordered and decreed that BARBARA D. CLINE plaintiff, and JOSEPH A. CLINE , 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 the Court, Attest: J. 7 CJlfm A-Afm Prothon tary ? ? - ''t . _ -;' Vic'-.:.? .'_,-L/fi'7?-!,? ?, r. ' 1 Yf?