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HomeMy WebLinkAbout04-2337 Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, P A 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA TROM R. MCCLAIN Plaintiff, No. o<f. ,)3~1 C~~ /1>>- v. Civil Action - Divorce CYNTIDA L. MCCLAIN Defendant NOTICE TO DEFEND ANI) CLAIM OF RIGHTS YOU HAVE BEEN SUED IN COURT. If youwishto 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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, P A 1701 3 (717) 249-3 l66 NOTTCF, OF A V All ,ARTUTY OF COllNSF,UNG THE DIVORCE CODE OF PENNSYL VANIA REQUIRES THAT YOU BE NOTIFIED OF THE A V AILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF TIlE FOLLOWING GROUNDS: 23 Pa.C.S, ~ 3301(a)(6) - fudignities 23 Pa.C.S. ~ 3301(c) - Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. ~ 3301(d) - Irretrievab]e Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation A list of marriage counselors is available in the Office of the Prothonotary, Cwnberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. Telephone: (717) 240-6]94. ~ r1'~/' Lee E. Oesterling, tD. # 71320 ' Attorney for Plaintiff 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, P A 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA THOM H. MCCLAIN Plaintiff, No. 0'/- ..l 331 ~.;j T~ v. Civil Action - Divorce CYNTHIA L. MCCLAIN Defendant COMPLAINT UNDER SECTION 3301(C) OR 3301 (D) OF THE DIVORCE CODE 1. Plaintiff is Thom H. McClain, an adult individual, sui juris, who currently resides at 607 A23 Geneva Drive, City of Mechanics burg, County of Cumberland, Commonwealth of Pennsylvania 17055. 2. Defendant is Cynthia L. McClain, an adult individual, sui juris who currently resides at 607 A23 Geneva Drive, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17055. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this complaint. 4. The parties were married on the 18th day of April 200 I, County of Cumberland, Commonwealth of Pennsylvania. 5. 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 of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce or annulment instituted by either ofthe parties in this or any other jurisdiction. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiffrnay have the right to request that the court require the parties to participate in counseling. 10. Plaintiff intends to file an affidavit of consent after 90 days have elapsed from the date of service ofthe Complaint on the defendant and believes that defendant will also file such an affidavit. COTTNTT REQUEST FOR A NO-FAULT DIVORCE UNDER S 3301 (c) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to 9 330l(c) of the Divorce Code. VERIFTCATTON I verifY that upon personal knowledge or information and belief that the statements made in this 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: fff(U4 ~ H. McClain ~ ~~~ ~~ ~ v- I'" ~ sq' '-f' ;", - ~.)- ' ~ -".< " -- ~~;. ~ 'if' ~ S? v, G o C: .,;. ~- ......, =. = ..- :!: );~ -<: N .I:- "'>:> C..., -<. U1 (.Ii o ., --j :r"J rl1i,---- ""'!'"1r7; ~1 ~f; .:- i 'I 6' Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, P A 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA THOM H. MCCLAIN Plaintiff, v. CYNTIDA L. MCCLAIN Defendant No. 04-7>>7 f:ivil Tenn Civil Action - Divorce f:RRTTFTC'ATR OF PRRSONAT SRln'ICE I, Lee E. Oesterling, Esquire, a competent adult over the age of eighteen (18), say that I served the Complaint for Divorce in the above-mentioned action by personally handing a copy to the Defendant, Cynthia L. lain, at her place of residence at 607 A-23 Geneva Drive, Mechanicsburg, Cumberland County, ennsylvaDl 7055 on J e 19, 2004, and informed her of the contents of the document, in accord ce with Pennsyl nia Ci Procedure Rule 1930.4(a)(2)(i). Lee E. Oesterling, Esquire #71320 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 (") c: ~)ft. ,-,-,.- ::::!" ;~- , ,-.r. t;; ,:' ;> ~::::~ ~3 -'. > l'-' = = ..c- '- C :2::: o -n .-, ::I:-.. fl1. rl..~ -ol-n -/JO 01. ---Ie) ;t"iJ :.-:c:: ,-~ ):-::rr N W -;::) ~ r:Y (.oJ -.l ~.. Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, P A 17055 (717)790-5400 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA THOM H. MCCLAIN Plaintiff, No. 04-2337 Civil Term v. Civil Action - Divorce CYNTIDA L. MCCLAIN Defendant AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on Mav 24. 2004 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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: (,111/0\ / / .....')\., r~H' :l:: :(;C \./ ~ c_, i~, -, ~. o ~ ::2 ,...., = = c.n <- Co Z ~ ~:!l hi :go 9R. '"r:'l 00 ~"'rn o ."" -p:- ::<1 -<. r -u ::l: - ., U1 "" . , Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA THOM H. MCCLAIN Plaintiff, No. 04-2337 Civil Term v. Civil Action - Divorce CYNTHIA L. MCCLAIN Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses ifT 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 filed with the prothonotary. 'j 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 falsification to authorities. Date: c,IJ//~ I / ~ 9 :~-,::.. ~jC,:' f','":1 ~ "'" "" i:? --" ..... Q. ~~ -v~ _ -0 ~ {:)c.. ..... -..t-ri ~-C'"'f1 ~ ~~ _ ;3 t1l ~ v> - . i:./;.:- \:-: ~,\~:!- 3 ~ -- * I I Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, P A 17055 (717) 790-5400 .' IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA THOM H. MCCLAIN Plaintiff, No. 04-2337 Civil Term I v. Civil Action - Divorce . CYNTIDA L. MCCLAIN Defendant . .' " " AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on May 24.2004 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry,ofthe decree. 1 verify that the statements made in this affidavit are true and correct [understand thaI false statements herein are made subject to the penalties of 18 Pa.C.S. ~49Qi relating to unsworn falsification to authorities. 1 ~~ J!l/c~ C'trJl1....1 ^ L. M ceJ.4.,~ Date: ~:> '":? X" if. ~ .-' ~:n ~<;:;:. -.1'lY -~_?~ s~?, , ....c' ;;,~6 .::-"-0 .:.2: JI.:' <-2. ~ 'B ~ .-r."- -- --' , "" _.. .. ... ,..~",~i~'" j,!-~fr5,'N,\~~ ~"'.1"I' .",,," ' .w ) , .. \ Law Offices of Lee E. Oesterling, LLC 42 E~st Main Sh'eet .' Mec):1anicsburg, PA 17055 (717~ 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLV ANlA TH?M H. MCCLAIN Plaintiff, No. 04-2337 Civil Term v. Civil Action - Divorce ... <. CYNTlllA L. MCCLAIN Defendant " ,. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 9 3301(c) OF THE DIVORCE CODE I. 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 propel1y, lawyer's fees or exp~nses 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 COUl1 and that a copy ofthe decree will be sent to me immediately after it is filed with the prothonotary. 1 verify that the statements made in this affidavit are h'ue 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. Date: 'w C./~1"" L, ~~\J >> <"~"~",,;,,,~,.".'.<.I<. . ~llIU'''' M. "..."."111" ../~..... (') ~~ r-> = 'i!.7\ <- c:: :;;;:: -' Q, -' ~:n "'J". -1\,11 gi~, fc;;5 "(':::,r1:'1 ~:::~ "D :..;; -0 :;;: t:'? r. (..f'i - Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, P A 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE NllNTH JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA mOM H. MCCLAIN Plaintiff, No. 04-2337 Civil Term v. Civil Action - Divorce CYNTIllA L. MCCLAIN Defendant PRAECIPE TO TRANSMIT THE RECORD To The Prothonotary: Transmit the record, together with the following information, to the, Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section (x) 3301(c) ( ) 3301(d)(l) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: Service on June 19,2004 via Certificate of Service 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff June 11.2005 by defendant June 11.2005. (b) (I) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: N/A ; (2) date of service of the Plaintiff's affidavit upon the Defendant:, N/A . 4. Complete the appropriate paragraph(s). (a) Related claims pending: None (b) Claims withdrawn: None ( c) Claims settled by agreement of the parties: There are no outstanding claims, all claims settled by agreement of the parties. (d) State whether any agreement is to be incorporated into the Decree. None. If so, attach a true and correct copy of the fully executed agreement: (e) Has a request for counseling been made by either party? : No. If so, has the counseling been completed?: NtA. 5. I certifY that the notice required by Rule 1920.42( e) was mailed on: Waived by both parties by Wavier of Notice executed on June 11, 2005 and a copy thereof is attached. Lee E. Oester Attorney LD. #71320 Attorney for Plaintiff 42 East Main Street Mechanicsburg, PA 17055 (71 7) 790-5400 (717) 790-9669 (fax) Email: lawleollc@msn.com (') ~ ;::;:~f7' "'> L' ;>' (iJ::: ~~2 '-- -, ::"3 --. , ...., = = Con <- c:: ,-- o -n -; I.." nl~- , -Drn i"Y ;2,0 ?~j~i ,',0 Bin -, ?D .< w -u ::;:: w <..:> ..... <; . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . PENNA. STATE OF . . . . THOM H. MCCLAIN No. 04-2JJ7 CIVIL TERM PLAINTIFF VERSUS CYNTHIA L. MCCLAIN DEFENDANT . . DECREE IN DIVORCE . \tJ~ 19 ~WtJ5 , , IT IS ORDERED AND . AND NOW, . DECREED THAT THOM H. MCCLAIN PLAINTIFF, . . . CYNTHIA L. MCCLAIN DEFENDANT, AND . . 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; NONE ;. (0.- \'" _. I ..... ...,,' -.. -" -"\. . ~.. .... '-' ..- -""'..'0 . ... '.\. /'-', . - " . .. -, "I ..,I~' ... ... - ~- . , ~ . '. ~ ~":'. '-"'" ..-:i"..i" ..,.' -.' \J.... " ...... - ....~-. "" oii....................:1;,~ /Iff ...~. ~ ~ '.. ' <; . <; . . <; <; <; . . <; <; <; . . <; . . . . . <; . <; . . . . <; . . . . <; . . . . J. <; . . . . A1'1~/Il.. yJ . It' . L #.. f. ~." 5'" I""' 1J''1-~'. .f'O " .. ~ .:\ . .. .' . ...