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HomeMy WebLinkAbout09-8829SANDY K. RHOADES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW DALE R. RHOADES, NOO? - SSZ f CIVIL TERM 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 PROVIDE 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, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 SANDY K. RHOADES, Plaintiff V. DALE R. RHOADES, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.69 CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Sandy K. Rhoades, an adult individual currently residing at 532 North Bedford Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Dale R. Rhoades, an adult individual currently residing at R.D. #4, Newport, Perry County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 13, 1981, in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 7. Plaintiff and Defendant are citizens of the United States of America. 8. The parties' marriage is irretrievably broken. 9. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, Hannah Herman-Snyder, Esquir Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 unworn falsifications to authorities. ja DATE: SANDY K. OADES, Plaintiff tvu9C c'_3 i1 . %b, t+E 1. ?3sa.a? PLC / e?/ ?,rY3 ? ? 23 s'Yd, J SANDY K. RHOADES, Plaintiff V. DALE R. RHOADES, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-8829 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Hannah Herman-Snyder, Esquire, counsel of record for Plaintiff, state that a true and attested copy of a Complaint in Divorce was sent to Defendant, Dale R. Rhoades, at his address of 491 Juniata Street, Newport, Pennsylvania, by certified mail, restricted delivery. A copy of said receipt is attached hereto indicating service was made on December 28, 2009. Hannah Herman-Snyder, EsgWire Attorney for Plaintiff' GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this 41k day of .2009 s N T-AR UBLIC INMt an WWLft= flow low 0' rti m OFFIC p IAL US E tm Presage $ 1 ? C co P Certified Fee OG ? C3 O (6Wo ae r-d RegAMM 0 p CC) lo. nt RBI ed (REn 1• , M O TotalPoetaye & Fees $ Ir o o ....R? - ----------- (- or PO Bahr No. ---- --- - -- ---- - ----- - -- M 7D -741/ Item 4??1? H tsbieeke??? Pk'Irrt y? rt?l?alst?#?a??r?tla so th d*ii cah,return fflo'car to you ` ; . ¦ Attach this card to the back of the mdpiece, ale /?. ,2ha?des iU?w,oor?? ff/ /7l>95? A. S.km-bffv-k B. F46efrod by (PrUlOed_ (?`;t?Eesat. DOM H YES, enter dWvety address be(owr 0 No ?4qtrt 0 bmmd Mild 'C7 Qty a. 4. Restricted DeihroryJ pats Fes) l6s 2. AltioleNtunber 7009 0080 0001 8043 6794 (liW*ferftnrsar*o kw PS Form 381'1 February 2004 :Danwdc ReCum Receipt 109!111600-4 .t50 ? TAP 2009 OEO 30 P 3: 4 9 W SANDY K. RHOADES, Plaintiff V. DALE R. RHOADES, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-8829 CIVIL IN DIVORCE © -, TERM. , ; ? r AFFIDAVIT OF SERVICE I, Hannah Herman-Snyder, Esquire, counsel of record for Plaintiff, state that a true and attested copy of a Complaint in Divorce was sent to Defendant, Dale R. Rhoades, at his address of 491 Juniata Street, Newport, Pennsylvania, by certified mail, restricted delivery. A copy of said receipt is attached hereto indicating service was made on December 28, 2009. Hannah Herman-Snyder, Esq ire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this gq?k day of , 2009 N AR UBLIC forma an trW t OM Nrl?? ram 410011 rw r, U.S. Postal Service CERTIFIED MAIL,; RECEIPT (Domestic Mai( Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com, m C3 Postage $ Q' 1 r O Certified Fee p tmark =,D 0 m n a ?Qrere A Required) se e (Fnd C3 Restricted Delivery Fee 1 C3 (Endorsement Required) V J Q Total Postage & Fees 117 Sent To o -•Qa------------- a r APt' a - t~ or PO Box Alo. ?,.. 47 LA Clry, Stets, ZIP+4 AIPjA) " / 7D r Owpide ftm 1, 2, e-d 3. Also CwO to ItwinA, [ Fo"lobd Dogwy,m eUsond. ! F'r" yt?irr_ri sm and address on the so that We can ntrxn ft wdto yw" • Attach thin card to the back of Ute msilpiece, or on the front it epeoe pem7lts. 1. Artkde Addressed to: ale ? tehxdes le ?> * y A/t4Avd©rl M 171751 l B. by (frrtrted_(If "A ?fi,' go-'M Ow D. Is dMvwy address cWmatt tom llam t? 'Q lib! H YEB, eater dovery addrew below, ? No a geodes ILR%& Car IZI Msl glress Meg 13 herded Mal o aa.D. 4. Restrkaed D~ 46tba Fay !ie L ArWe Number 7009 0080 0001 8043 6794 Mw ahr tham serwee kw PS Form 3811, February 2004 Domeft Return Rsrxipt Yoe o¢ rs?e SANDY K. RHOADES, 1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW NO. 2009-8829 CIVIL TERM DALE R. RHOADES, Defendant IN DIVORCE ~:;;~'~ ~.. '.._ ~; {.J '~_' _ _ N AFFIDAVIT OF SERVICE ~ ~ I"~--' ~~ - ~' I, Hannah Herman-Snyder, Esquire, counsel of record for Plaintiff, state that a copy of the Affidavit under §3301(d) of the Divorce Code, filed on June 22, 2010, Counter Affidavit under §3301(d) of the Divorce Code, and the Affidavit ofNon-Military Service, filed on June 22, 2010, was sent to Defendant, Dale R. Rhoades, at his address of 491 Juniata Street, Newport, Pennsylvania, by certified mail, restricted delivery. A copy of said receipt is attached hereto indicating service was made on June 28, 2010. ~~~~ NO~~ ~Ly t Irt NM~~ 11Ms C~MMen r/MM ~+ ~. !/1! Sworn and subscribed to before me this ~3p`~'~ day of , 2010 ~~p~,~.P~ ~. Hannah Herman-Snyder, Esq ire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 O'PAR Y~UBLIC MM ~M~MON OII~M~ M~M~M .1~ !11! .~ ~1pt NNgY neNNI1MNO~ F 'Y t • I ~ t . t m ~ ~ _ Ln ~ ~ Postage $ Q.~•~ A 9 P r1J Certified Fee V J ~ OC7 Return Receipt Fee (Endorsement Required) ~ ~' j~Q~{ _ O ~® ere ~ 0 Restricted Delivery Fee (Endorsement Required) • ~ g 66~ fU nJ Total Postage & Fees O o SBRt TO .._..--- ~l~l~---- " -~• --- -- ~~111_ -- S - -- --- - - - O ~ Street, dp r' '; or POBOxNO. _ ~_l_~ + - ~//~~yy~~ v[fNly/.~~~ -J - - --• ////~~~~pp /%JJ%~~ J~~ 6[C._~. 1!_47__. City, State, ZIP+4 ~Y~ ~ [tetrl6 ~, 2, and 3. /11fO~C0~tpllbs a I~ item 4 M Restricted DeiVary i• dssked. i ^ ~K ^ Prirrt your name and address on the reverse ~ A~ddreNee so that vMe can return flue card to you. & pscei~pd ~ ~~~ ~ ^ Attach thin sand to the back of the mappfece, ,_._ .z or on the front it Mace perrMts. ~. aticre addretssed >ro: D• ~ y dMleratCt~ntlwnl2 D 1'bs N YES. pater deltve-y eddreets trtioYV: '4~No ~~le ~. ~ho~d~s ~,~,voor~ PA / I>7~ ~. ,~ arnn.d aan a~~" _ .. t~ RepNbr.d a. Asc~~ for Mereherrtiwr ^ Inp~d AAeN O C.O.D, 4. RegtTceed DeNrsryl ~ktra Fed1 frets ~''~°"`y"~r 7D07 D22D ^DD2 2525 3223 (Aaneiir Aom aawbe absn PS Form 3811, February 2004 ooroeetlc Reprtn Asoetpc ~o~esa¢*t=,a~ f ? Uio A42 QM 2'110 SANDY K. RHOADES, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW DALE R. RHOADES, NO. 2009-8829 CIVIL TERM Defendant IN DIVORCE 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. Ground for divorce: Wetfievable breakdeA% under. §330" 3301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: June 28, 2010, by certified mail, restricted delivery. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: by Defendant: (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: By Plaintiff: June 14, 2010 By Defendant: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Date of filing: June 22, 2010 Service: By certified mail, restricted delivery on June 28, 2010. 4. Related claims pending: None 5. Complete either (a) or (b). f e (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: Served on July 22, 2010 by certified mail, restricted delivery. (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: wnn? ? - , 11)\ Hannah Herman-Snyder, EslquiYe GRIFFIE & ASSOCIATES Attorney for Plaintiff SANDY K. RHOADES, Plaintiff V. DALE R. RHOADES, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2009-8829 CIVIL TERM IN DIVORCE NOTICE TO REQUEST THE ENTRY OF 53301(d) DIVORCE DECREE TO: Dale R. Rhoades 491 Juniata Heights Street Newport, PA 17074 You have been sued in an action for divorce. You have failed to answer the complaint or file a counter affidavit to the §3301(d) affidavit. Therefore, on or after August 20, 2010, the other parry 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, 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 MANY BE ABLE TO PROVIDE 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, Pennsylvania 17013 (717) 249-3166 SANDY K. RHOADES, Plaintiff V. DALE R. RHOADES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2009-8829 CIVIL TERM IN DIVORCE COUNTER AFFIDAVIT UNDER 3301(d) O THE DIV RCE CODE 1. 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 either (i), (ii), or both) _ (i) The parties to the action have not lived separate an 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 the foregoing document 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: DALE R. RHOADES, 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 SHOULD NOT FILE THIS COUNTER AFFIDAVIT.