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HomeMy WebLinkAbout01-1302BEATRICE P. RADABAUGH, Plaintiff VSo NORMAN H. RADABAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001- //3 D.~. CIVIL TERM .. : IN DIVORCE NOTICE 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 at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 SETI FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: ~squire 26 West High Street Carlisle, PA 17013 (717) 243-6222 BEATRICE P. RADABAUGH, Plaintiff VS. NORMAN H. RADABAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001 - J 3 ~ 2-. CIVIL TERM .. : IN DIVORCE COMPLAINT BEATRICE P. RADABAUGH, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is BEATRICE A. RADABAUGH, who currently resides at 41 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania, where she has resided since June 2000. 2. The Defendant is NORMAN H. RADABAUGH, who currently resides at Lot 76, Big Spring Terrace, Newville, Cumberland County, Pennsylvania, where he has resided since 1995. 3, The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 28, 1988, at Shermans Dale, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties except that, upon information and belief, Defendant herein filed a Complaint for Divorce in the Court of Common Pleas of the 41st Judicial District, Perry County Branch, Pennsylvania, approximately five years ago. A search of the docket by the Prothonotary does not locate such a Complaint filed January 1, 1995 to the present. 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised ofthe availability of mardage counseling and ofthe dght to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAIDI$, SHUFF, FLOWER & LINOSAY, P.C. Attorneys for Plaintiff By: Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that raise statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. SAIDIS SICOFF, FLOWER LINDSEY W. High Street Carlisle, PA BEATRICE P. RADABAUGH, Plaintiff VS, NORMAN H. RADABAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : NO. 2001 - / .~0,~-~ CIVIL TERM .. : IN DIVORCE CERTIFICATE.. OF SE/R~.ICE AND now, th~s / ~ day of//.z,~'~ ,2OOl, I, CAROL J. LINDSAY, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the Defendant, NORMAN H. RADABAUGH, on March 13, 2001, with the Complaint in Divorce by Certified Mail, Restricted Deliver, Addressee Only, Return Receipt Requested, addressed to: Norman H. Radabaugh Lot 76 Big Spring Terrace Newville, PA 17241 and proof thereof, the signed Return Receipt Card, is attached hereto. C~dls~e, PA SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 BEATRICE P. RADABAUGH, Plaintiff VS. NORMAN H. RADABAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - //~.~o,7._ CIVIL TERM IN DIVORCE PROOF OF SERVICE · C, omplete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme ~o that we can return the card to you. · Attech this card to tt~e back of the mailpiece, or on the front if space permits. 1. Article AddreSsed to: 2. A~cle Number (Copy from service label) PS F~rn 3811, July 19gg If YES, enter delivery address below: ~ NO SAJ~)IS SHUI~, FLOWER & LINDSAY ~6 W. High steer BEATRICE P. RADABAUGH, Plaintiff VS. NORMAN H. RADABAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001 - 1302 ClVlLTERM : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March 7, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. SAID1S SHUFF, FLOWER & LINDSAY A~eAT*LAW 26 W. High Street Carlisle, PA BEATRICE P. RADABAUGH, Plaintiff V$, NORMAN H. RADABAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF .' CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION o LAW : NO. 2001 - 1302 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(c) OF THE DIVORCE CODE 1. 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 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 that 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. e P. Ra~)baugh, Plaintiff' SAIDIS SHUFF, FLOWER & LINDSAY Carlisle, PA BEATRICE P. RADABAUGH, Plaintiff VS. NORMAN H. RADABAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001 - 1302 CIVlLTERM : : IN DIVORCE AFFIDAVIT OF CONSENT 4. A Complaint in Divome under ~ 3301(c) of the Divorce Code was filed on March 7, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Norman H. Radabaugh, Defendant Date: SAIDIS SI-IUFF, FLOWER & LINDSAY BEATRICE P. RADABAUGH, Plaintiff VS. NORMAN H. RADABAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION. LAW : NO. 2001. t302 CIVIL TERM : : IN DIVORCE 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 of Divorce without notice. 2. I understand that J 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 that 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. orma . Radabaugh, Defendant Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA BEATRICE P. RADABAUGH, Plaintiff NORMAN H. RADABAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001-'1302 CIVIL TERM : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divome decree: 1. Ground for divome: irretrievable breakdown under Section 3301(c) 3301(d)(I) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Certified Mail, Return Receipt, signed by Defendant, Norman H. Radabaugh, Mamh 13, 2001 and recorded March 28, 2001. 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 the Plaintiff July 8, 2001; by the Defendant July 10, 2001. (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's affidavit upon the Defendant: None Related claims pending: 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: (b) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: August ,2001 Date Defendant's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: August ,2001 Carol J.,~ndsa~, Attorney foDPlair)Eff ~ IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE OF PENNA. BEATRICE P. NORMAN H. RADABAUGH, Plaintiff AND NOW, DECREED THAT AND VERSUS i~.DABAUGH, Defendant DECREE IN DIVORCE BEATRICE P. RADABAUGH NORMAN H. RADABAUGH ARE DIVORCED FROM THE I~ONDS OF MATRliMONY. No. Ol - 1302 IN DIVORCE CIVIL TERM , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIiVlS WHICH HAVE bEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; HONE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs Defendant File No. c>2Oo / - ~-9/~0o2 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one 5y marking "x"] __ prior to the entry ora Final Decree in Divorce, or ~_ aftertheentryofaFinalDecreeinDivorcedated ~/~2/~/' , hereby elects to resume the prior surname of ~,~./~c~ ffro~ if P- , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Signature of name being resumed common, fa OF ) COUm OF On ~e ~ day of ~ ~ ,200~, before me, ~e Pro~onot~ or ~e not~ pubic, pemon~ly appe~ed ~e above ~fi~t ~om to me to be ~e pe~on whose n~e is subscribed to ~e M~ docment ~d ac~owledged ~at he / she executed ~e forego~g for ~e p~ose ~ere~ contmed. h Wimess ~ereofi I have here~to set my h~d here~to set my h~d ~d offici~ Not~ ~b~c NOTARIAL SEAL CLAUDIA A BREWBAKER, NOTARY PUBLIC Carlisle 8ora, Cum~edand County My Commission Expires April 4, 2005