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HomeMy WebLinkAbout05-2259 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. VA II I KENNETH J. CLARK, Plaintiff : IN THE COURT OF COMMON PLEAS F : CUMBERLAND COUNTY, PENNSYLVA IA V5. CIVIL ACTION - LAW NO. O~ - :l.1S9 CIVIL TERM KIMBERLY R. CLARK, Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against th claims set forth in the following pages, you must take prompt action. You are warne that if you fali to do so, the case may proceed without you and a decree of div rce or annulment may be entered against you by the Court. A judgment may also be ntered against you for any other claim or relief requested in these papers by the Plainti . You may lose money or property or other rights important to you, including cus ody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdow of the marriage, you may request marriage counseling. A list of marriage couns lors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisie, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PRO ERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORC OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM A Y OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. I YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELE ONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET EGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 BEDFORD STREET CARUSLE, PENNSYLVANIA 17013 (717) 249-3166 DSAY By: ire .. SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.ATeLAW 26 W. High Street Carlisle, PA II KENNETH J. CLARK, Plaintiff : IN THE COURT OF COMMON PLEAS F : CUMBERLAND COUNTY, PENNSYlVA IA V5. CIVIL ACTION - LAW NO. X-.;J:J..s<j CIVIL TERM IN DIVORCE KIMBERLY R. CLARK, Defendant COMPLAINT KENNETH J. CLARK, Plaintiff, by and through his attorneys, SAID IS, HUFF, FLOWER & LINDSAY, respectfuily represents: 1. The Plaintiff is Kenneth J. Clark, who currently resides at 175 Big Spring Terrace, Newviile, Cumberland County, Pennsylvania 17241, where he has reside since 2001. 2. The Defendant is Kimberly R. Clark, who currently resides at 175 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241, where she has reside since 2001. 3. The Plaintiff and Defendant both have been bona fide residents n the Commonwealth of Pennsylvania for at least six months immediately prior to the fi ing of this Complaint. Illinois. 4. The Plaintiff and Defendant were married on March 25, 1994, at Cham aign, 5. That there have been no prior actions of divorce or for annulment betwe n the parties in this or in any other jurisdiction. 6. The marriage is irretrievably broken. . SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA I' 7. Plaintiff has been advised of the availability of marriage counseling an of the right to request that the Court require the parties to participate in marriage cou seling, and does not request counseling. WHEREFORE, Piaintiff prays this Honorable Court to enter a Decree in ivorce divorcing Plaintiff from Defendant. SAlOIS, SHUFF, FLOWER & LINDSAY, .C. Attorneys for Plaintiff By: Date: ~h!0 I SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.ATeLAW 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true d correct. I understand that false statements herein are made subject to the penalties 0 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~~ Kenneth J. Clark Date: if /I?fo <; 7{ (:) ~ (') r-> c: = 0 1. C-::-:J ~ t;.J"S -n --"" ~ -......... :;:;..... -: rn f2J - 9-J 2 I -r"/f"Tl rc;) "- w :-,j:C"J () '")' '^-' 6"' ~ ;:;~~f~ ~ FE! -"c.' rv -....... ~~~ ~~~ tD ""'-J - \~ (Jl t -.J :>J .< J:... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA K e. f1Il<" +-h .::5, c..iM k Plaintiff - 2. z.. SCj Vs FileNo. 05 K,,,,,berl,,, IN DIVORCE h. CJ",IL , Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] ....L prior to the entry of a Final Decree in Divorce, or _ after the entry of a final Decree in Divorce dated hereby elects to resume the prior sumame of L(J I e _ _.' , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: 5 .. to - 0 S Kmh,~ Q'j f<. (a. X Signature K:.v.b<-~ R. ~ Signature of name being resumed COMMONWE,4L TH OF PENNSYI'- VANIA ) COUNTY OFCJI~/ItI.J> On the f)fI" day of f1Jy ,2005, before me, the Prothonotary or the notary public, personally appeared the above affiant lmown 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 therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARiAl SEAL ~ PROTHONOTARY, NOTARY PUBUC CARUSlE CUMBER.lAND COUN1Y COURT HOUSE MY COMMISS'?,N EXPIRES JANUARY 2. 200'i ~ .I! ~ '. '" .. . .. ~ .,'2 ~I ,";;':1 '__J (,:'"q -q ~. 0,". '73 " v j"I'':':',: ~ r-' --... L.') -,;~Z; \:'- ~ ' '....) W "" '" (.:;'. " '''~ t(:\ , c:-- ~ 'd "- ~ .J:-' . "t~. '~. ~ ": . . ~~ 'd.' . ~..:, 'It... ,'c .".', --~ \ ,~ :... :~ . .\- .\ SAIDIS, FLOWER & LINDSAY ATIORNE\'S,U'lAW 26 wrest High Strcel Carlisle,I'A KENNETH J. CLARK, Plaintiff v. KIMBERLY R. CLARK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO 05.2259 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I. Kimberly R. Clark. accept service of the Divorce Complaint in the above. captioned matter. .- n _ --- __J-:; j u~ Date 'K~ ~. ~k Kimberly R. Clark ----~------------ ...l w_O', ""I -:"; f,'\ - SAIDIS, FLOWER & LINDSAY AT1URNEYS.AT'LAW 26 West High Street Carlisle, I'A KENNETH J. CLARK. Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. CIVIL ACTION - LAW NO. 05-2259 CIVIL TERM KIMBERLY R CLARK, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on May 3, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complalnl. 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 of18 Pa.C.S. 4904 relating to unsworn faisificatlon to authorities. Date 2~ 2.5-0& K...J:.J, R. CI2.. t. Kimberly R. Clark DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERli 3301 lei 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 IlIed 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 PaGS 4904 relating to unsworn falsification to authOrities Date 2- ZS-OcP K-h ~ ~, ('I.-- ~ Kimberly R. lark -:;1 C,,::- :,," ----- SAIDIS, FLOWER & UNDSAY ATIORNEYS'AT.lAW 26 West High Street Carlisl~, PA KENNETH J. CLARK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION. LAW NO. 05.2259 CIVIL TERM KIMBERLY R. CLARK, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301 (c) of the Divorce Code was filed on May 3, 2005 2 The marriage of plaintiff and defendant IS irretnevably 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. Date: 2' 2 S- ()(g ~~~ "Kenneth J. Clark PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER& 3301 (c) OF THE DIVORCE CODE I consent to the entry of a frnal 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 Affrdavit 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 Date:2 -2.S - 0 & ~6~ Ken~ J. Clark " ~--\ ,. 1'\ C"; " -------- --~- SAIDIS, flOWER & LINDSAY ATIDRNEYs;AT.)AW 26 West High Street Carlis/e,PA II ....... KENNETH J. CLARK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. CIVIL ACTION - LAW NO. 05-2259 CIVIL TERM KIMBERLY R. CLARK, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on May 3, 2005. An Acceptance of Service was filed with the Court on February 28, 2006. 3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was executed: By Plaintiff: February 25. 2006 and filed with Prothonotary on February 28, 2006 By Defendant: February 25, 2006 and filed with Prothonotary on February 28, 2006 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated February 8, 2006 are incorporated, but not merged, into the Decree in Divorce. Alimony claim reserved by Property Settlement and Separation Agreement. 5. executed: Date Waiver of Notice under Section 3301 (c) of the Divorce Code was By Plaintiff: February 25. 2006 and filed with Prothonotary on February 28, 2006 By Defendant: February 25, 2006 and filed with Prothonotary on February 28, 2006 SAlOIS. FLOWER & y , , Carol J. Lindsay. Es Supreme Court Ip N 26 West High St Carlisle, PA 17013 717-243-6222 SAIDIS. FLOWER & LINDSAY ~AT.IA.W 26 West High Street Carlisle, PA II CERTIFICATE OF SERVICE .... I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS. FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail. postage prepaid. addressed as follows: Dated: March 2, 2006 Kimberly Clark 320 Pendleton Drive, Apartment C Martinsburg, WV 25401 SAlOIS, FLOWER & LINDSAY ,..., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :++ +. + '+':of. '" 'I' +. ++:+: +.:+ . .. . ++.+.+++.+.+.++.+.+.++.++.+++++++++ +. +++ +++++ +++++++++.+ . . . . . . . . . . +++.+ +. + +. +:+ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. KENNETH J. CLARK No. 05-2259 VERSUS KIMBERL Y R. CLARK DECREE IN DIVORCE AND NOW, 1^1? H. 1.. '2t KENNETH J. CLARK , 2...n>6, IT IS ORDERED AND DECREED THAT , PLAINTIFF, AND KLMBERL Y R. CLARK , 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; The terms of the Separation and Property Settlement Agreement dated February 8, 2006 are incorporated, but not merged, into this Decree in Divorce. Husband's alimony BYTHEC~ ATT ~+ ++++++++++++++++++++++++++++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. .~ih:;,,~ ~l7'-n /'~/j..t, ./01 .~ c( hj,,{~ jz?/ ';2 ~~7>71 ~p .rfJ~7C' ,6 .p .