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HomeMy WebLinkAbout02-0366DAVID H. BRADFORD, Plaintiff GALE D. BRADFORD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-,~ 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 DAVID H. BRADFORD, Plaintiff GALE D. BRADFORD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-3(~(-~ CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, David H. Bradford, through his attomey, Thomas S. Diehl, makes the following Complaint in Divome, and, in support thereof, avers as follows: 1. The Plaintiff, David H. Bradford, is an adult individual who currently resides at 2 Terri Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Gale D. Bradford, is an adult indi'vidual who currently resides at 34 Mea Drive, Berkeley Heights, Union County, New Jersey 07922. 3. The Plaintiff has been a bona fide resident 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 May 26, 1975 in Wenham, Essex County, Massachusetts. 5. There have been no prior actions of divome 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, David H. Bradford, 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. Date: January 18, 2002 Respectfully submitted, x'~rli~)~'a~s S ~ tJiehl 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 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 unsworn falsification to authorities. VID H. BRADFO~Plaintiff DAVID H. BRADFORD, Plaintiff GALE D. BRADFORD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-366 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 11th day of February 2002, comes Thomas S. Diehl, Esquire, Attomey for the Plaintiff, David H. Bradford, and states that he had cause to be mailed a certified copy of a Complaint in Divorce to the Defendant, Gale D. Bradford, by certified, restricted delivery, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on February 7, 2002. Respectfully submitted, Thoma~ S. Diehl x. Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX USE · Completa items 1, 2, and 3. Also complete item 4 if Restffcted Delivery is desired. · Prfnt your name and address on the reverse · so that we can return the card to you. · Attach this card to the back of the mailpie~e, or on the fl'ont if space permits. 1. Article Addmesed to: GALE D. BRADFORD 34 MEA DRIVE BERKELEY HEIGHTS, NJ 07922 C. Signature i"l .~:ldmesee D. Is delivery address different ~ item 17 D Yes If YES, enter delivery address below: [] No 3. Service Type ~[Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver? (Extra Fee) .~;~/(yes 2. Ar~icleNumber 7001 2510 0009 2828 6573 (Ttarlsf~r from sen, ice label) Ps Form 3811, March 2001 Domestic Return Receipt DAVID H. BRADFORD, Plaintiff VS. GALE D. BRADFORD, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA , * NO. 2002-366 , * CIVIL ACTION - LAW * IN DIVORCE ANSWER AND COUNTERCLAIM IN DIVORCE AND NOW, Defendant, Gale D. Bradford, by and through her attorney, Edward J. Weintraub, Esquire, answers the within Complaint in Divorce and avers as follows: 2. 3. 4. 5. 6. 7. 8. 9. ANSWER TO COMPLAINT IN DIVORCE Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. COUNTER-CLAIM IN DIVORCE COUNT I. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER §3502(d) OF THE DIVORCE CODE ! 0. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. During the course of the marriage, Plaintiff has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. ! 2. Pursuant to Section 3502 (d), Defendant requests Plaintiff be directed to continue maintenance of said policies. WHEREFORE, Defendant respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Plaintiff to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT II. REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER §3701, §3702 and §3704 OF THE DIVORCE CODE 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. Defendant is unable to sustain herself during the course of litigation. 15. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 16. Defendant requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3704 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce code. COUNT III. REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER §3702 OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. Defendant has employed Edward J. Weintraub, Esquire, to represent her in this matrimonial cause. 19. Defendant is unable to pay her counsel fees, costs and expenses and Plaintiff is more than able to pay them. 20. Plaintiff is employed and has the ability to pay Defendant's counsel fees, costs and expenses. 21. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an order directing Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. COUNT IV. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 22. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 23. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 24. While no settlement has been reached as of the date of the filing of this Complaint, Defendant is and has always been willing to negotiate a fair and reasonable settlement of all matters with Plaintiff. 25. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Defendant desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of heating on this Complaint, Defendant respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. COUNT IV. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502 and §3503 OF THE DIVORCE CODE 26. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 27. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. Date: Respectfully submitted: BY: Edward J. Weintraub, ESQUIRE 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID # 17441 ATTORNEY FOR DEFENDANT VERIFICATION I, Gale D. Bradford, hereby swear and affirm that the facts contained in the foregoing Answer and Counter-Claim are true and correct and are made subiect to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: Gale~D.~df~c ~d~t~t ~~rt~ DAVID H. BRADFORD, Plaintiff · VS. GALE D. BRADFORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-366 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on the date set forth below, I served a tree and correct copy of the Answer and Counter- Claim in Divorce upon Thomas Diehl, Esquire, Counsel for Plaintiff, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Thomas Diehl, Esquire 1 West High Street Carlisle, PA 17013 Date: ~-I0 '0~- Misty D. Lehman DAVID H. BRADFORD, Plaintiff Vo GALE D. BRADFORD, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-366 CIVIL TERM · CIVIL ACTION - LAW · IN DIVORCE AFFIDAVIT OF CONSENT 22, 2002· A complaint in divorce under §3301(c) of the Divorce Code was filed on January 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 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 of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. .David H. Bradford, PlainFgfff 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 unsworn falsification to authorities. id H. Bra~lford, Pl~t~ tiff DAVID H. BRADFORD, Plaintiff GAI~E D. BRADFORD, Defendant : IN THE COURT OF COMMON pI~EAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-366 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 22, 2002. A complaint in divorce under §3301(c) of the Divorce Code was filed on January 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 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 of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. D~avid H. l~radford,~lainlfi'~-f 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 unsworn falsification to authorities. ~Ei~wd H. l~ra~lford, Pla~tiff DAVID H. BRADFORD, Plaintiff VS. GALE D. BRADFORD, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA , * NO. 2002-366 , * CIVIL ACTION - LAW * IN DIVORCE AFFIDAVIT OF CONSENT_ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 22, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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. 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. Gale D. Bradford, Defendan~ DAVID H. BRADFORD, Plaintiff VS. GALE D. BRADFORD, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * NO. 200,'!-366 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(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. 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. Dated~/,/A~/x 200~ Gale D. Bradford, Defend~(l~t DAVID H. BRADFORD, * Plaintiff * vs. * NO. 2002-366 GALE D. BRADFORD, * CIVIL ACTION - LAW Defendant * IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 22, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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. 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: D~vi'd H. Bradford, Plaintiff DAVID H. BRADFORD, Plaintiff VS. GALE D. BRADFORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-366 CIVILACTION.LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(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 dghts 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 Jt is flied 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. Section 4904 relating to unsworn falsification to authorities. Date: DaVid H. Bradford, Plaintiff~/ DAVID H. BRADFORD, Plaintiff VS. GALE D. BRADFORD, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * NO. 2002-366 , * CIVIL 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: February 7, 2002 via certified mail, restricted delivery, return receipt. 3. (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: June 1,2003; by defendant: 'June 1, 2003. 4. Date plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary on June 9, 2003. 5. Related claims pending: None. 6. Plaintiff and Defendant have signed a Separation and Property Settlement Agreement dated April 21, 2003. WHEREFORE, the Court is requested to enter a Final Decree in Divorce in compliance with Section 3301(c) of the Divorce Code and Pa. R.C.P. 1920.42(a)(1 ) and to incorporate the terms of the Separation an~ Property t Settlement Agreement in accordance with Section 301(a)(1) and (4) and ?l~p~9.J~~' Jenr~fe¥ L. Frechette Dated: 6/11/2003 Attortney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. .... DA-V I ~.. H ,,... BRADF. OI~D ,, ................................... .................................... 1~ laiat.i.f f. ............ Versus .... .GAL~..D... ~RADFO. RD., ............................... .................. ~fend.an~. ......... DECREE IN DIVORCE AND NOW, ~.~..u~ ..... I..r~ ....... ~..%0.0.3, it is ordered and decreed that ...........~.¥.Aq .~..., .~.~. ¥.o~. .................. plaintiff, and ..................... ?.~.~ .9:..~?.~. p?.o.~..~ ................. , 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; t~J ~ The terms and provisions of the Marriage Settlement Agreement .......... parties on April 21, 2003 a incor si~ned b~; .b..o~.h. .............................. .~. ~~ ..... p.o.r.a..ted but not merged la the Decree of D~!3;~rce3~;~nding upon the ' By T(~e Co/r~, ;~, F '~'Otfi~t~r~ :8