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HomeMy WebLinkAbout10-2990 Court Administrator Cumberland County Courthouse 4th Floor, One Courthouse Square Carlisle, PA 17013 (717) 240-6200 $3561 .00 Po ATtY C? 5M4 ?qlt o f RICHARD P. JACOBY, Plaintiff vs. LINDSEY S. JACOBY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - aggo C i v i l Trw-,.. CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS r_ t Uz C" 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 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, 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. RICHARD P. JACOBY, Plaintiff VS. LINDSEY S. JACOBY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. Plaintiff is Richard P. Jacoby, an adult individual who resides at 200 Conodoguinet Mobile Estates, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Lindsey S. Jacoby, an adult individual who resides at 44 Horseshoe Drive, Altoona, Pennsylvania 16601. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The plaintiff and defendant were married on July 23, 2005, at Walnut Bottom, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that plaintiff has the right to request that the court require that the parties participate in counseling. Plaintiff requests the court to enter a decree of divorce Timothy J. 'Connell, Esquire TURNER ND O'CONNELL 4701 North Front Street Harrisburg, PA 17110 (717) 232-4551 Attorney for plaintiff Verification I verify that the statements made in the foregoing Complaint are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Y- 30 . ,?o Id Richard P. J ob RICHARD P. JACOBY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA W. vs. NO. 10-2990 CIVIL TERM =rn LINDSEY S. JACOBY CIVIL ACTION -LAW ` , Defendant IN DIVORCE - 4' -a NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. Plaintiff s Affidavit Under Section 3301(d) of the Divorce Code 1. The parties to this action have continued to live separate and apart for a period of at least two years, since August 27, 2008. 2. The marriage 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.A. Section 4904 relating to unsworn falsification to authorities. Date: / -17- d b ? ( Richard P. Jaco RICHARD P. JACOBY, IN THE COURT OF COMMON PLEAS r? cis intiff Pl PENNSYLN CUMBERLAND COUNTY I a , vs. NO. 10-2990'CIVIL TERM - r l ' ? rw < x : o X- LINDSEY S. JACOBY :CIVIL ACTION -6 s" , Defendant IN DIVORCE = C-) moo " r , ; AFFIDAVIT OF SERVICE I, Timothy J. O'Connell, Esquire, attorney for the plaintiff, Richard P. Jacoby, in the above captioned action for divorce, hereby certify that a conformed copy of the Complaint in Divorce duly endorsed with a Notice to Defend and Claim Rights, was served on the defendant, Lindsey S. Jacobs, by Certified Claim No. 7006 3450 0002 3535 1613, restricted delivery, return receipt requested, by depositing the same in the United States mail at Harrisburg, Pennsylvania, pursuant to Rule 1920.4 of the Amendments of the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As evidence by the green return receipt card attached hereto, the Complaint was received by said defendant on May 14, 2010. Timothy J. 'Connell, Esquire Turner and O'Connell 4701 North Front Street Harrisburg, PA 17110 Sworn and subscribed to before Me this 2nd day of March 2011. otary Public [)WONWFJ M OF PENNSYLV"If NOTARIAL SEAJ Stacey A. Fogle, Notary Public Susquehanna Township, Dauphii nCountY .2013 ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delkwy Is desired. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: A. © Agent U.ndsey IF Received V,40-d C. Date of Delivery D. Is delivery addralis different from item 11 ? Yes If YES, enter delivery address below- I? IESTRICTED 3. 75rpe Certified Mail ? Express Mail Registered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7006 3450 0002 3535 1613 ` (RarmOr ftm serMc. AsW PS Form 11, F@Wuwy 2004 Domestic Return Receipt 10810642-*1540 RICHARD P. JACOBY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 10-2990 CIVIL TERM LINDSEY S. JACOBY, CIVIL ACTION -LAW Defendant IN DIVORCE r-_;" rn . NOTICE OF INTENT TO REQUEST ENTRY -, - OF 3301(d) DIVORCE DECREE C TO: Lindsey S. Jacoby M- == 6-n =_.. =? You have been sued in an action for divorce. You have failed to answer the _ -- Qr complaint or file a counter-affidavit to the Section 3301(d) affidavit. Therefore, on of after March 1, 2011, 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 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. Court Administrator Cumberland County Courthouse 4th Floor, One Courthouse Square Carlisle, PA 17013 (717) 240-6200 RICHARD P. JACOBY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 10-2990 CIVIL TERM LINDSEY S. JACOBY, CIVIL ACTION -LAW Defendant IN DIVORCE; COUNTER-AFFIDAVIT UNDER rn 43301(d) OF THE DIVORCE CODE' 1. Check either (a) or (b): ?- , period of at least two 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, 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. Section 4904 relating to unsworn falsification to authorities. Date: 3P, n (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 boil]:.. (i) The parties to this action have not lived separate and apart for a Defendant C-1 C) -71 r-s 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. RICHARD P. JACOBY VS. LINDSEY S. JACOBY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 10-2990 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. Ground for divorce: rn ca , ? Irretrievable breakdown and r ` '' § (3301(d)(1)) of the Divorce Code. C:) (Strike out inapplicable section.) ©-n 2. Date and manner of service of the complaint: v n F, MAY 14, 2010 BY CERTIFIED MAIL z C = C:1 - , 3. Complete either paragraph (a) or (b). ?a (a) Date of execution of the affidavit of consent required by § 3301(c) of the r.ry Divorce code: by plaintiff ; by defendant (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: JANUARY 17, 2011 (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: FILED JANUARY 19, 2011 AND SERVED JANUARY 20, 2011 BY FIRST CLASS MAIL 4. Related claims pending: NONE 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: SERVED FEBRUARY 9, 2011 BY FIRST CLASS MAIL (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: Date defendant's Waiver of Notice was filed with the Prothonotary: Attorney for laintiff/Defendant