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HomeMy WebLinkAbout04-4099 EARL A. LINDSAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERlAND COUNTY, PENNSYLVANIA v. NO. 0'-( - l./O'/9 CIVIL TERM DIANA C. LINDSAY, CIVIL ACTION - LAW Defendant 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator f s Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, 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 TA1<E 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. Lawyer Referral Service Curr~erland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 NOTICE QE AVAILABILITY QE COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. EARL A. LINDSAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERlAND COUNTY, PENNSYLVANIA v. NO.O'l- 'fA&:! CIVIL TERM DIANA C. LINDSAY, CIVIL ACTION - LAW Defendant DIVORCE COMPLAINT UNDER SECTION 3301 (c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Earl A. Lindsay who resides at 124 Woods Drive, #19, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Diana C. Lindsay who resides at 500 Mt. Airy Road, stevens, Lancaster County, Pennsylvania 17578. 3. The Plaintiff and Defendant have been a bonafide residents of 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 April 7, 1999, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties have been living separate and apart since September 15, 2002. 8. There were no children born of this marriage. 9. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 10. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 11. Plainti ff requests the court to enter a decree of divorce. ~411~. bud Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penaJties of 18 Pa. C.S. 4904, reJating to unsworn falsification to authorities. Date: f-/5"- 01 c.......e 6l, EarJ A. Lindsay h ~ "* -~~....., ~ ("'> ~Q l' ~ ~ ~ v\ " "- ~ 'J ~ ~ --C e, ~ C) ~ " - ~ o EARL A. LINDSAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERlAND COUNTY, PENNSYLVANIA v. NO. 04 - ,/o1C; CIVIL TERM DIANA C. LINDSAY, CIVIL ACTION - LAW Defendant DIVORCE ACCEPTANCE OF SERVICE I, DIANA C. LINDSAY, accept service of the Divorce Complaint in the above captioned matter. '3- ,;;to -- O-Lj Dated: ~d/ {J DIANA C. LINDS1\: 500 MT. AIRY ROAD STEVENS, PA 17578 DEFENDANT ",", , ",.~ \<) '.C,' d 'l EARL A. LINDSAY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04 - 4099 CIVIL TERM DIANA C. LINDSAY, Defendant CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a copy of the Plaintiff's Affidavit under section 3301(d) was served upon the Defendant by depositing the same in the United States mail, postage pre-paid, on September 17, 2004. ~]).~ Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 L! '. 'IFwmas 1). youftf. 2 EAST MAIN STREET SHIREMANSTOWN,PA 17011 ATTORNEY AT LAW (717) 731-1461 FAX 761-1974 September 17, 2004 DIANA C. LINDSAY 500 MT. AIRY ROAD STEVENS, FA 17578 Re: Divorce Dear Ms. Lindsay: Enclosed is Mr. Lindsay's Affidavit under section :)301 (d) stating that you have lived separate and apart since September 15, 2002. You need to take no action if you wish this divorce to proceed. In approximately 20 days you will receive another notice regarding concluding the divorce. Sincerely, ~J).~ Thomas D. Gould enclosure cc. Earl A. Lindsay " EARL A. LINDSAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERlAND COUNTY, PENNSYLVANIA v. NO. tJ'{ - W9'l CIVIL TERM DIANA C. LINDSAY, CIVIL ACTION - LAW Defendant DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 330l(d) OF THE DIVORCE CODE 1. 2002 and at least The parties to this have continued to live two years. action separated on September 15, separate and apart for a period of 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. 4904 relating to unsworn falsification to authorities. Date: f~/~- 0,/ ~cvJJ a. Earl A. ~.' LindSaYd ------~ ,-, <.,::',) r:1 ,<) ...:: ~ :~-~ , ...:::) \...':) - , . EARL A. LINDSAY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PENNSYLVANIA v. NO. 04 - 4099 CIVIL TERM DIANA C. LINDSAY, Defendant CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a copy of the Plaintiff's Notice of Intention to Request Entry of Section 3301(d) Divorce Decree and Defendant's Counter-affidavit were served upon the Defendant by depositing the same in the united States mail, postage pre-paid, on November 4, 2004. /~iU\b. ~ Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, FA 17011 (717) 731-1461 . rrfwmas 1). (joufd 2 FAST MAIN STREET SHIRFMAN$lOWN,PA 17011 ATTORNEY AT LAW (717) rl1.14G1 FAX 7f.1-1974 November 4, 2004 DIANA C. LINDSAY 500 MT AIRY ROAD STEVF~NS, PA 17578 Re: Divorce Dear Ms. Lindsay: Enclosed is Plaintiff's Notice of Intention to Request Entry of Section 3301(d) Divorce Decree and Defendant's Counter- affidavit. You need to take no action for your divorce to be completed. Sincerely, ~ru 1>. -l:1ud Thomas D. Gould enclosures cc. Earl A. Lindsay . \ EARL A. LINDSAY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04 - 4099 CIVIL TERM DIANA C. LINDSAY, Defendant CIVIL ACTION - LAW DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: DIANA C. LINDSAY You have been sued in an action for divorce. You have fai 1 ed to answer the complaint or file a counter-affidavit. Therefore, on or after November 25, 2004, the plaintiff can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the couLt 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. 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. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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. Lawyer Referral Service Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 . , EARL A. LINDSAY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04 - 4099 CIVIL TERM DIANA C. LINDSAY, Defendant CIVIL ACTION DIVORCE LAW DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or Ib): (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 both) : (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marrlage 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 economlC relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. 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. 4904 relating to unsworn falsification to authorities. Date: DIANA C. LINDSAY -, ,.., <C,::;' '""') ( r,.) 1..0 ~. ,'. "'," \. .~') ( _,~~ ,> l \D EARL A. LINDSAY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PENNSYLVANIA v. NO. 04 - 4099 CIVIL TERM DIANA C. LINDSAY, Defendant CIVIL ACTION - LAW DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (d) (1) of the Divorce Code. 2. Date and manner of service of the complaint: August 20, 2004, Acceptance of Service by Defendant. 3. (a) (1) Date of execution of the affidavit required by section 330l(d) of the Divorce Code: September 16, 2004; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Filed on November 29, 2004, served September 17, 2004. 4 . Related claims pending: None 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: U.S. Mail, November 4, 2003. ~~~.~ Thomas D. Gould Attorney for Plaintiff '0 U) ~..,'"' ,::-.::' ,<'," ';"1 hi f~',..) t l..Cl ~~~~~~~~~~~~~~ ~~~~~ . ~ ~~~~~ ~ ~~~~~~~~~ ~ ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~ ~ ~ ~ ~ ~ ~ +. '+' :+:'" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+',., ~ ~ ~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY EARL A. LINDSAY, PENNA. STATE OF No. 2004-4099 CIVIL Plaintiff VERSUS DIANA C. LINDSAY, Defendant DECREE IN DIVORCE \)il1.~ ..; 5'0 2--VO,-,\ , AND NOW, , IT IS ORDERED AND EARL A. LINDSAY DECREED THAT , PLAINTIF'F, DIANA C. LINDSAY AND , 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 /1/ / ByTH' COO"~ \. l.. ~ :AyV \ - ~ ^,,'ST(! ~_ ~; ~ PROTHONOTARY "'; -:' .. . .. ~~~ ~~ ~ ~ ~~~~ . 'to' ~~~ ~ ~~ ~~~ ~ ~~ J. d~ :? ~~/ ""--;;WIL., ,'7,/ [ c/ ~ ~?;2 A'p.....>?'~47 ;P~} /,,/ F C/ .