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Home My WebLink About01-0655CARL CAIN, GAIL CAIN, Plaintiff V. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- d-,~5 CIVIL TERM : CIVIL ACTION - LAW : 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 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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, Pennsylvania 17013 (717) 249-3166 CARL CAIN, GAlL CAIN, Plaintiff V. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- ~ ~5',~' CWIL TERM : : CIVIL ACTION o LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Carl Cain, through his attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Carl Cain, is an adult individual who currently resides at 16 Wheatfield Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Gaff Cain, is an adult individual who currently resides at 355 Route 30, Lot 62, Clinton, Beaver County, Pennsylvania 15026. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on February 1, 1991 in Champaign County, Illinois. 5. There have been no prior actions for divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. 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. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Carl Cain, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301 (c) or 3301 (d) of the Divorce Code. tted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX VERIFICATION I [[[llllnnlllllllllllllllllllill I ,ill I II [ CARL CAIN, GAlL CAIN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-655 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 5th day of February 2001, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Carl Cain, and states that he had cause to be mailed a certified copy of a Complaint in Divorce to the Defendant, Gail Cain, at 1355 Route 30, Lot 62, Clinton, Pennsylvania by certified, restricted delivery, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on February 2, 2001. Respectfully submitted, Thomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX RE: DIVORCE COMPLAINT 1.50 $ 7.15 GAI~L E. CAIN *~, P~ 15026 · ,2, and S. Atso compiate ife~l 4 if Res.~cted Delivery is desired. · Print your name and address on the reverse so that we can return the c~rd to you. · Attach this card to the back of the maiipisca, or on the front if space permits. 355 ROUTE 30, LOT 62 CLINTON, PA 15026 3. Service Type :~:Certified Mail [] Express Mail [] Registered [] Return Receipt for MerChandise [] Insured Mail [] C.O.D. 2, Article Number (Co~y from service/abe/) 7099 3220 0009 55'73 8368 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 IV'h $ L (,\l(I I )cl~'~da~H : IN THE COURT OF COMMON PL[: ~S ( ~1: : CUMBERLAND COtJNTY, PENNS'fl .V,\N IA : NO. 01-655 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE ~,i"I':II}.\VIT OF CONSENT ,\ ct*rolM;Ii,It ill dix~,rcc under ~3301(c) of the Divorce Code was fil~d ol~ Januar3 of thc Pl:dl~til!f and Defendant is irretrievably brok,~'n al'id ixinctx thc ti;rte oi tiling and service of the Complaint. thc cl/[t'x t)l' a Final Decree of Divorce after service; of' no~icc of thc [ )cc:fcc cf ii& th;it iht: '~t;ttcl]]ClllS 1]~zlcJc in this affidavit are true and correct. I t~ndcrsta~td st;Hcmcl~ts hot-tin ~uc i~zt~{c *;t~hicuI to the penalties of 18 Pa.C.S. ~ 4909 relating to umasworn CARfCA~7 PIE~ntiff ' %'N ,,,N I \' I,: I~I (}F N()'I'I( I~; O~' INI'ICNTION TO REQUEST ENTRY OF A I}I'v'ORCE I) 15 ( R I{ IL [:Ni I) I~ R .~3301 (c) OF THE DIVORCE CODE I collscl~t tt* Ibc el]IF3 ol zl Final Decree in Divorce without notice. 2 I tmdcr,,tand H~a~ I nla~ lose rights concerning alimony, division oF propcrl.x, law,x c~ 's IL'cs t~l c×l,c~/sc's ~i' [ tit, i~t~t el;tim them before a divorce is granted. 3 I tt~clct-,,t~Hid Ill,it [ xx ill ~ot be divorced until a Divorce Decree is; entered b5 ~hc (Otllq a~ld a cop} ol hc I)ccrcc xxii] be sent to me immediately a~r it is filed xvit]~ ~he [ \cFii~ th;Il t'~u st;~tcl]/cl]/h; made in this affidavit are true ~d coxect. ] understand f`~llsc statcmclHs hcFcin ~FC Ill[/ci<: Stt[~ COl to the penalties of 18 Pa.C.S. ~ 4909 rel~tting to t~lsi fication to 2ttHho~itics. CAR~laintiff CARL CAIN, GAlL CAIN, Plaintiff Defendant IN THE COURT OF COMMON PLF, AS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-655 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 31,2001. A complaint in divorce under §3301(c) of the Divorce Code was filed on JanuaD 2. The marriage of the 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 ot 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. § 4909 relating to unsworn falsification to authorities. Date: ~ /~(~.~' 0/ GA(~A~,~dan~t/~/'-~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree in Divorce without notice. 2. 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. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 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. § 4909 relating to unswom falsification to authorities. Date: ~ /q/'~(7(~O/ ~~' ~ G/~[~AIN, 15efendant CARL CAIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-655 CIVIL TERM GAlL CAIN, Defendant C1VIL ACTION - LAW 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: irretrievable breakdown under § 3301(c) 55045~) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint. Service was made on February 2, 2001 via certified, restricted mail signed for by the Defendant. 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 the Plaintiff: May 2, 2001; by the Defendant: May 7, 2001. (b) (1) Date of execution of the Plaintiffs Affidavit required by § 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: none Date: May 9, 2001 5. (Complete either (a) or (b); (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and a copy of which is attached: (b) Date of execution of the Waiver of Notice of Intention to File Divorce Decree as required by § 3301(c) of the Divorce Code: by the Plaintiff: May 2, 2001; by the Defendant: May 7, 2001. ~ mas S. Diehl, Esqmre" Attorney for Plaintiff IN THE COURT Of COMMON CARL CAIN, Plaintiff Of CUMBERLAND COUNTY STATE OF PENNA. No. 2001-655 PLEAS VERSUS GAlL CAIN, Defendant DECREE IN DIVORCE AND NOW, ~ CARL CAIN DECREED THAT GAlL CAIN AND , IT IS ORDERED AND , PLAINTIFF, ,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; NONE. BY T~ ATTEST: