Loading...
HomeMy WebLinkAbout09-5553•r CATHY A. PERRY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO.CIVIL TERM ROBERT SHORTHOUSE, : CIVIL ACTION • LAW DEFENDANT : ACTION FOR 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 claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you. 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 the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 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 HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 P - _. CATHY A. PERRY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA 0,?- '5'5-'5,3 vs. NO. CIVIL TERM ROBERT SHORTHOUSE, : CIVIL ACTION -LAW DEFENDANT : ACTION FOR DIVORCE COMPLAINT FOR NO, FAULT DIVORCE UNDER SECTION 3301( OF THE DIVORCE CODE AND NOW, comes the Plaintiff, CATHY A. PERRY, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce. 1. Plaintiff is CATHY A. PERRY, an adult individual, who currently resides at 30 Dougherty Drive, Lemoyne, Cumberland County, Pennsylvania, 17043 and has resided in Cumberland County for more than six (6) months. 2. Defendant is ROBERT SHORTHOUSE, an adult individual, who currently resides at 15051 S.W. 103rd Lane, Apt. 4103, Miami, Florida, 33196. 3. Plaintiff has been bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on December 3, 1999. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to 1 11 P ... request the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant have ever been a member of the United States Military Service. 9. There were no children born of this marriage. COi,j„= I - REQUEST FOR NQ-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, CATHY A. PERRY, respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. Respectfully submitted, LAW,,FIRM OF SUSAN KAY C LLO. P.C. Dated: August, 2009 Susafi Kay Can i Counsel for P ainti PA I.D. # 64 8 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 rela ' unsworn falsification to DATED: L? 09 LI?Q 0 6 CATHY A. PERK TI F r V ?p . to Lt:U five Cpl:,. CATHY A. PERRY, PLAINTIFF vs. ROBERT SHORTHOUSE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, NO. 2009-5553 CIVIL TERM CIVIL ACTION -LAW ACTION FOR DIVORCE AFFIDAVIT OF SERVICE CERTIFIED MAIL Be it known, that on September 2, 2009, comes, SUSAN KAY CANDIELLO, who states as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. i represent Cathy A. Perry, Plaintiff in the above-captioned matter. 3. On August 10, 2009, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 700$ 3230 0002 2511 7133, and addressed to the Defendant, Robert Shorthouse, 15051 S.W. 103` Lane, Apt 4103, Miami, Florida, 33196 . 4. The return receipt card signed by the Defendant, Robert Shorthouse, showing a date of service of August 27, 2009, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. ^ Complete ftems 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 pemtits. 1. Article Addressed to: 0 ~z.e.~~ ~~ ~1'- ~c9-i.~~.sZ._ ~ ~~ 5 ~ ~~ Y~ ~ l 0~ .~C~-ice l_, ~ _3 . ~ l ~. A. slg ^ Agerrt X ^ Addressee B. Iv Name C. Date of Deli D. Is deliv address different from Item 1? ^ Yes K YES, eater delivery address below: 0 No 3. Service Type ~Certifled Mail ^ Express Mail Registered O Return Receipt for Merchandise ^ Insured Mali ~ C.o.D. 4. Restricted Delivery? (Extra Fee) ^ Yes a. Article Number 7 0 0 8 3 2 3 0 0 0 0 2 2 511 713 3 (1lansfer /rom servke /abeq P3 Form 3811, February 2004 Domestic Return Receipt t~-M-t~ Exhibit "A" ~~LCCr..' .r:r 2~~~ ~~:~ -3 P~ji ~~ ! !