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HomeMy WebLinkAbout05-5375 SAUNDRA CAREY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE RICHARD LYNN CAREY, Defendant : NO. 05- j" 3 76' CIVIL 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 important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown ofthe 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE ALA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 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 hearing or business before the court. You must attend the scheduled conference or hearing. SAUNDRA CAREY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE : NO. 05- 5~3? f CIVIL TERM RICHARD LYNN CAREY, Defendant DIVORCE COMPLAINT The plaintiff, Saundra Carey, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. ~ 3301(d) OF THE DIVORCE CODE I. Plaintiff is Saundra Carey, who currently resides at: 209 Bridge Street, Apartment 2, New Cumberland, Cumberland County, P A 17070, since February 1,2005. 2. Defendant is Richard Lynn Carey, who currently resides at 302 Hickory Hill Terrace, Harrisburg, PA 17109, since September 17, 2005. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing ofthis complaint. 4. Plaintiff and Defendant were married on August 13, 2000 at Biglerville, Adams County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since February 1,2003. 6. There have been no prior actions for divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. .d.._~ C 4uJ/1-..~ Burgess Bradshaw Certified Legal Intern . RAINS THOMA M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717)243-2968 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. 1 understand making any false statement would subject me to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date (6 h /05' , t Plaintiff ,~/hch' If r ()/J~ Saundra Carey ~ 'Tt <:> o (" ....' c:.:> ,...~ <-" o ('J () -n ....\ --c'_ f0,f. ~r:\"'j - - .' '::','':'-\-'" ;". S'~~ .:~ ':~ ..- ('-) cP SAUNDRA CAREY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN CUSTODY RICHARD LYNN CAREY, Defendant :NO. 05- S'31{ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Saundra Carey, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date /o(-? /05 I / ~C~ Burgess C. Bradshaw Certified Legal Intern ROBE THOMAS . PLACE ANNE MACDONALD-FOX LUCY JOHNSTON- WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Phone: 717-243-2968 Fax: 717-243-3639 ~ Sf' ,.-'? .i>...... o C"), ~-F"" ------- ~- - - SAUNDRA CAREY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE RICHARD LYNN CAREY, Defendant : NO. 05- 5'311 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE J, The parties to this action separated on February 1,2003, and have continued to live separate and apart for a period of at least two years. 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. S:4904, relating to unsworn falsification to authorities. Date 10 h/ D':> I f >;';101,,111-111 1 Saundra Carey Plaintiff l.Ch 'U.. J .--' ~3, '(j:" ~\ '. . -~.\ ~.. .r:. C) -0 ~- .-- r--.) ~ SAUNDRA CAREY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE RICHARD LYNN CAREY, Defendant : NO. 05- 5375 CIVIL TERM CERTIFICATE OF SERVICE I, Burgess C. Bradshaw, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy ofthe Divorce Complaint on Mr. Richard Carey, residing at 302 Hickory Hill Terrace, Harrisburg, Pennsylvania 17109, by depositing a copy of same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Mr. Richard Carey, on the 15th day of October 2005 as evidenced by the attached green card. ,;k.';I 'v~ (' ~{a,.c:" {,,- Burgess C. Bradshaw ertified Legal Intern , " J:.f; ft cC 1 Anne Donald-Fox Supervising Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 . Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: o Agent o Addressee C. Date of Deliv9fY ({; ~ ,< -'()1;'" DYes DNa '1lcliorcL Ct:Li'{J J' ~d, fllet'I()I'1 Iii II 7r fTd u: l/lj,n:'bu'j, h.;. /"1M; ~ , 3. Service Type ~Ifled Mall 0 Express Mail o Registered )X'..Beturn Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) .~s < 2 7005 0390 0003 2632 4808 PS Form 3811. February 2004 Domestic Return Receipt 102595-02-M-1540 ~ () ,;:::) -.. ,;.f~ Cf.l c;':;J ,-,:;, SAUNDRA CAREY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE RICHARD LYNN CAREY, Defendant : NO, 05- 5375 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DECREE TO: RICHARD LYNN CAREY You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the ~ 3301(d) affidavit. Therefore, on or after December 8, 2005, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court 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. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice, 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. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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 hearing or business before the court. You must attend the scheduled conference or hearing. SAUNDRA CAREY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE RICHARD LYNN CAREY, Defendant : NO. 05- 5375 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER ~3301(d) OF THE DIVORCE CODE I. Check either (a) or (b): ( ) (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 marriage 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 economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree may be entered without further delay 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 Richard Carey, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. .- r SAUNDRA CAREY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION- LAW : IN DIVORCE AND CUSTODY RICHARD LYNN CAREY, Defendant : No, 05-5375 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under !;3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Richard Carey, Oct. 15, 2005. 3. (a) Date of execution of the affidavit required by 9 3301(d) of the Divorce Code: Oct. 7,2005; (b) Date of filing of the plaintiff's affidavit: Oct. 14,2005; date of service of the plaintiff's affidavit upon the respondent: Oct. 15,2005. 4. Related claims pending: none . 5, Date and manner of service of the Notice of Intention to Request Entry of 9330 ] (d) Divorce Decree, a copy of which is attached: Nov, 18,2005, by regular US mail. Returned to the Family Law Clinic on Dec. 19,2005 marked "moved, left no address." J/ /t~. . St~ Certified Legal Intern <"--,< ") / j" / ", /f-- ROBE . ". RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Supervising Attorneys Date F AMIL Y LAW CLINIC 45 N. Pitt Street Carlisle, P A 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff 'i':+':+''i' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . , . . . . . . . . . . . . . . . . . . . . . . . . , . . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +'+ 't Of '+' .. :f. '+' '+':+.:+: +:+: :+: :+ :+.~:+::+: :+: ~+:+:~ :+::+:'+' :+.:+:~++ :+':+:~'i':+'+++:+:++ +:+++++ ++:+::+: :+:'+':+i :+: IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Sl\lJNDRI\ rI\RF:Y, NO. s:ns ?nn5 Pl;::) i nt iff VERSUS RTrRI\RD ~VNN rI\RRV, lIA-fon;;l.~nt- DECREE IN DIVORCE AND NOW, '" ow-f2.1 ~, IT IS ORDERED AND DECREED THAT SAUNDRA CAREY , PLAINTIFF, AND RTC:HI\RD TYNN rl\RRV , 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 ~+:+:+:+:+:+::+:'I'++ ROTHONOTARY 't+~++~+:+':++:+'+ ~:+:+::+.+:+:+'t':+:+:+'+' + '+''I':+'+' + + '+':+:'+''+' '+''+''I''f.+:+ + +. + + + + + + , + + + + + . + + + + + + + + + + + . + + . + . + + + + + . + + + + + + + + + + + + + + + + + + + . + . + + + J. + + + + + + . + . + + + + + . , + . . . . + + . + + + . . + + + . + , + + . + + ... hI ?y '-1/ j, ! , c Z' /'t:r'?"Jo1'l' ?"T'?/L., '4c7 /''7 ~-:t7 /;; I ,2 /j7'prr ; . ~. . ',':1 1.. ,. '; \~ - SAUNDRA CAREY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W : IN DIVORCE RICHARD CAREY, Defendant : NO. 05-5375 CIVIL TERM NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in divorce from the bonds of matrimony on the 7th day of March, 2006, hereby elects to retake and hereafter use her previous name of Saundra Houseknecht, and gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. ~ 704. r--.J ~&.Cj CCU)~ Saundra Carey I ,;=b L.~~.C( ~(UwcAt Saundra Houseknecht Wishes To Be Known As: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. >( . On the /tJI Gay of (/ ,Ok' t ' , 2006, before me, a Notary Public, personally , appeared Saundra Carey, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS THEREOF, I have her~unto set y hand and l'Jotarial SeaV. ~ Ii L') . ~ c 1/"/. (fL.) ....- _ ( NOTAR P LIC I' ./" /OjU t)(,--IVf~\ , C IV If' -)~-' , ~ ,rYi'i [',,'i'. /,/. ,!,t. I [) /'.~ ..... '" r, ~ 'c " V', e," ....!, ? c (;' -" ~. ."" 'i- '. V~ , v \ -+- '"1' ~,::;