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HomeMy WebLinkAbout01-2424STEVEN L ESTERLINE, Sr. Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLOTTE M. ESTERLINE, Defendant : CIVIL ACTION - LAW : IN DWORCE : NO. 0[- oTt,",.TV' CWIL TERM 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 impo~lant 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. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or hearing. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717/240-6200 STEVEN L. ESTERLINE, Sr. Plaintiff CHARLOTTE M. ESTERLINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CiVIL ACTION - LAW : IN DIVORCE : NO. o/-,2 '/.25' CIVIL TERM COMPLAINT UNDER 23 Pa.C.S. SECTIONS 3301(c) AND 3301(d~ The plaintiff, Steven L. Esterline, by his attorneys, the Family Law Clinic, sets forth the following complaint for divorce: 1. Plaintiff is Steven L. Estefline (Husband), who has resided at 21 Susquehanna Avenue, Apartment 303, Enola, Cumberland County, Pennsylvania, since December 2000. 2. Defendant is Charlotte M. Esterline (Wife), who has resided at 1057 Allendale Road, Apartment K, Mechanicsburg, Cumberland County, Pennsylvania, since August 1999. 3. Husband and Wife have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Husband and Wife were married on November 10, 1967 at Harrisburg, Pennsylvania. 5. Husband and Wife have lived separate and apart since December 27, 2000. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Husband has been advised that counseling is available and that he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Husband requests the court to enter a decree of divorce. Respectfully submitted, Certified Legal Intern ROBERT E. RA1NS TER1 L. HENN1NG Supervising Attorneys THE FAMILY LAW CLENIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION 1 verify 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 unswom falsification to authorities. Date Steven L. Esterline STEVEN L. ESTERLINE, Sr., Plaintiff CHARLOTTE M. ESTERLINE, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE : NO. 01-2424 CIVIL TERM PROOF OF SERVICE Understanding that the making of any false statement would subject her to the penalties of 18 Pa.C.S. §4904 (relating to unswom falsification to authorities), the undersigned verifies that Michelle L. Anderson mailed a true copy of the Divorce Complaint on the Defendant by placing the same in U.S. Mail, certified number 7099 3400 0018 4996 9633, restricted delivery, return receipt requested, postage prepaid, on the 25*~ day of April, 2001 addressed as follows: Charlotte Estefline 1057 Allendale Road Apartment K Mechanicsburg, PA 17055 Sender's receipt no. 7099 3400 0018 4996 9633 is attached hereto an incorporated by reference. On or about the 5th day of May, 2001, green return receipt no. 7099 3400 0018 4996 9633 was delivered to the Family Law Clinic, bearing the signature Charlotte Esterline and showing a date of service on or about April 28, 2001. The return receipt is attached hereto and incorporated by reference. Certified Legal Intern FAMILY LAW CL1NIC 45 North Pitt Street ..__,:_,_ ,~, ,7013 · Complete ~tems 1, 2, end 3. Aisc complete A. R~elve~ by ¢=/e~=e Print C~) B. Date ~ Dellve~ rtem 4 if R~tfl~ Dellv~ Is d~i~. · PHnt your name and addm~ on the mveme so that we ~n ~urn the ca~ to you. C. Sign~um -- I Affach this oa~ to the back of the mallpl~e, X ~,~~ ~ ~ ~ ...... , ~ If YES, ent~ dellv~ ~dm~ berow; ~ NO Postage /~ ~~ ~urn R.eipt for Me.handl.. 4, R.trlc~ Delive~3t? (i(E~ Fee) ~'~ tv~mNo -- - PS F~ 3811, July 1999 Demotic Retura R~etpt 102595-9~M-1789 rml _L I / STEVEN L. ESTERLINE, Sr. Plaintiff CHARLOTTE M. ESTERL1NE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 01-2424 C1VIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divorce under §330 l(c) of the Divorce Code was filed on April 25, 2001. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 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 ofPa. C.S. §4904 relating to unswom falsification to authorities. Date: ~/~ Steven L. Esterline, Sr., Plaintiff RECEIVED AUG - 2 STEVEN L. ESTERLINE, Sr. Plaintiff CHARLOTTE M. ESTERLINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 01-2424 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on April 25, 2001. The man'iage of plaintiff and defendant is irretrievably broken and ninety days have elapsed fi'om the date of filing and service of the Complaint. 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 ofPa. C.S. §4904 relating to unswom falsification to authorities. Date: Charlotte M. Esterline, Defendant STEVEN L. ESTERL1NE, Sr. Plaintiff CHARLOTTE M. ESTERLINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE : NO. 01-2424 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF TIq_E DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of propen~y, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 flied with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. Steven L. Esterline, Sr., Plaintiff STEVEN L. ESTERLINE, Sr. Plaintiff CHARLOTTE M. ESTERLINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DiVORCE : NO. 01-2424 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST 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. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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 tree and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C,S. §4904 relating to unswom falsification to authorities. Charlotte M. Esterline, Defendant RECEIYEDAu6 - 2 STEVEN L. ESTERLINE, Sr. Plaintiff CHARLOTTE M. ESTERLINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANLA CIVIL ACTION - LAW IN DIVORCE NO. 01-2424 CIVIL TERM CERTIFICATE OF SERVICE I, Michelle L. Anderson, hereby certify that I am serving a tree and correct copy of Plaintiff's Affidavit of Consent, Plaintiff's Waiver of Notice of Intention to Request Entry of a Divorce Decree Under §3301(c) of the Divorce Code, Defendant's Affidavit of Consent, Defendant's Waiver of Notice of Intention to Request Entry of a Divorce Decree Under §3301 (c) of the Divorce Code, the Vital Statistics Form, and the Praecipe to Transmit Record, on the following person, the Defendant, by depositing copies of the same in the U.S. mail, postage prepaid, this 6t~ day of August, 2001: Charlotte Esterline 1057 Allendale Road Apartment K Mechanicsburg, PA 17055 ~'Michelle L. Andersgaf Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW vs. Plaintiff Defendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the '7 day of ~ -- ~?.O/ hereby elects to resume the prior surname of ~~ this written notice pursuant to the provisions of 54 Signature and gives P.S. S 704. gnature of name being r~sumed COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND : On the ~ _C~_~ day of ~~ · ~G02. before me, a Notary Public, personally appeared the above affian[ known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose thereim contained. seal. In Witne.~;s Whereof, I [lave hereunto set my band and official Notary Public NOTAR~AJ. SEAL FRANCB~ G. ROSE, NOTARy PUBLIC C;ARI~ LE BORO, CUM~ERLANO CO. MY COMMI~JON EXgI~ES NOVEMBER ~2o STEVEN L. ESTERLINE, Sr. Plaintiff CHARLOTTE M. ESTERLINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : NO. 01-2424 CIVIL TERM PRAEC1PE 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) of the divorce Code. 2. Date and manner of service of the complaint: April 28, 2001, United States Mail, certified number 7099 3400 0018 4996 9633, restricted delivery, return receipt requested, postage prepaid. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiffAugust 1, 2001; by defendant July 31, 2001. 4. Related claims pending: None. 5. Date plaintiff's Waiver of Notice was filed with the prothonotary: August 6, 2001. Date defendant's Waiver of Notice was filed with the prothonotary: August 6, 2001 Certified Legal Intern for Plaintiff L / PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 Plaintiff V~RSUS ~t IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF ~% PENNA. N O. 2424 ?llol AND NOW, DECREED THAT DECREE IN DIVORCE ~OO{, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, AND (~arlotte M. I~terline 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; ~ -- PROTH OI~OT~Y