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Home My WebLink About02-1035 .' CHARLES M. BERNSTEIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE KAREN L. BERNSTEIN, Defendant : NO. 02- JOJS"" 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 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. .' CHARLES M. BERNSTEIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE KAREN L. BERNSTEIN, Defendant : NO. 2002- /~3.JCIVIL TERM DIVORCE COMPLAINT The plaintiff, Charles M. Bernstein, by his attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. ~~3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Charles M. Bernstein, who currently resides at West Shore Health and Rehabilitation Center, 770 Popular Church Road, Camp Hill, Pennsylvania, 17011, since March of2001. 2. Defendant is Karen L. Bernstein, who currently resides at 209 East Fifth Street, Apt.#3, Frederick, Maryland, 21701. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on July 14, 1995 in Elkton, Maryland. 5. Plaintiff and defendant have lived separate and apart since April 19, 1998. 6. There have been no prior actions of 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. Respectfully submitted, ~r~i\4s= Jennifer e r y Certified egal Intern Date ~ LL\ 02- M. PLACE ROB RT E. RAINS TERI L. HENNING 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 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. Date 3 II /0;;;' / ' ~~~'0 eh: es M. B st', aintiff ~\ . ~ ~ ~ ~ ~ ? ~ (") c ~ """Om QJfP z::rJ zC:. U?,E,. ~6 ~o -.-0 ):>c z :<! o N :?: ...,. ::0 I -0 ::r:: N :.n \0 o -n .n".' . _.~ "'Tl 1-:': .p:~ -, r\ =I~ :) (~) Om _..~ ?n -< CHARLES M. BERNSTEIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE KAREN L. BERNSTEIN, Defendant : NO. 02- /035 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Charles M. Bernstein, 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{d L I(} MAS M. PLACE'J ROBERT E. RAINS TERI L. HENNING Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 (") 0 0 c: N ,) s: ~ ..."," (i?CO ;,}~ -=n IT< ;:0 :z: :::c , . ',-..... I ~~I 'Tl 21):-: -.)? (f;) ~, ::<'" :~(J r;;:::O -0 "-,. :;';:';;-7:1 ~() ::r.:: :;;;.'C) ;;;;0 '>? ?..;;:;"rn c: '-' 3 '::.11 :;;! .::0 ... \0 -< v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE CHARLES M. BERNSTEIN, Plaintiff KAREN L. BERNSTEIN, Defendant : NO. 02 - 1035 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 unsworn falsification to authorities), the undersigned verifies that the Family Law Clinic served a true copy of the Divorce Complaint on the Defendant by placing the same in the U.S. Mail, certified no. 70993400 001849969244, restricted delivery, return receipt requested, postage prepaid, on the 11111 day of March, 2002, addressed as follows: Karen Bernstein, 209 East Fifth Street, Apt.#3, Frederick, MD 21701. Sender's receipt no. 70993400 0018 4996 9244 is attached hereto and incorporated by reference. On or about the 18th day of March, 2002, return receipt no.7099 3400 0018 4996 9244 was delivered to the Family Law Clinic, bearing the signature of Karen Bernstein and showing a date of service of March 14, 2002. The return receipt is attached hereto and incorporated by reference. ~,t 1.0 102- ~ Jenm Certi Legal Intern F AMIL Y LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 . .. .. ., ~.. o c z -06:; mr-;'~ ~2~~ ~~~. r::; C' ;~~ 7-= =< .- " c::> N o -n ~ ::-:::- ~"O N -n p '},~:q .'~ ) c :,:'.\ ('_'Io~ ,,'i ~t~ ,\~,i:'{; ::::.:1 -,....; 5J -< ~ ;....) (11 'r U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mall Only, No (nswdncr. Cove/aqe PlOvlded) ;T ;T rtJ rr ..D rr rr ;T Postage $ Certified fee poi Return Aeceipt F~ (Endorsement Req~.J ..- Restricted Delivery Fee ~ (Endorsement.Requi~dL Total Postage & Fees $ <0 .... C C C C ~ _~~rro:~r~t!ln~~~~~~~.~:'_~_~i:~~_____~_____._.______ g: _s'=~~r_~~_tj::/JliLS.t_,.)___Apt.tr.s________ ~ City, y;ZI" i HD 21 01 j ,.. f SENDEH (O.'\/PI t Tf rll, I ' . Completo ~oms 1, 2, end 3. Also completo ~om 4 If R_c1od Delivery Is doslrod. . Print your non\o end oddross on tho rovorso so that wo can return tho card to you. . Attach this card to tho back of tho mailpiece, or on tho front If 8pace permits. 1. ArtIcle Addressed to: Ko.fen 't,e.Y'Y1S-tel'n -z.oq Eos\- f=i~ ~t.) A~3 Y"v-eJ.uic.k" t\ D Z I'TO I D.ts lv8Iyaddnlssd_trom_l? If YES, enter delivery address below: 3. Setvlce 1YPe AI( CertIfIed Mall CJ Exptoss Mall CJ Ragls1arod CJ Rs1um Race/p1 for Marchandlsa CJ lnautod Mall CJ C.O.D. 4. Raatricted DallvlllY? (ExtnJ Fee) 2. MJ-wR~r:-i)r{)7tCJb/~qq~ q24L/ PS Form 3811, July 1999 Domao1Ic Ratum Racalp1 102595-99-M-1789 CHARLES M. BERNSTEIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVll., ACTION - LAW : IN DIVORCE KAREN L. BERNSTEIN, Defendant : NO. 02 - 1035 CIVIL TERM NOTICE 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. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on April19, 1998 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. ~ 4904 relating to unsworn falsification to authorities. .5 -;;0 -();).. Date ' clidl~ v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE CHARLES M. BERNSTEIN, Plaintiff KAREN L. BERNSTEIN, Defendant : NO. 02 - 1035 CIVIL TERM CERTIFICATE OF SERVICE I, Jennifer Heverly, hereby certify that I am serving a true and correct copy of the Plaintiffs Affidavit under Section 3301(d) of the Divorce Code, by regular U.S. mail, upon Karen Bernstein of 209 East Fifth Street, Apt.#3, Frederick, Maryland 21701, by placing said document in the mail on May 20,2002. silO (Oz- Date ~H~ CertIfied Legal Intern F AMIL Y LAW CLINIC 45 N. Pitt St. Carlisle, P A 17013 717-243-2968 0 0 0 e- N -n ?:' :t:. \ -011) :P" ::~-::D mtl: -<. Z:J.) 1') ,'.,-r, Zr.~ c:' ,y ~:; ;.I~Q\ r:;'0 ""0 V- ;0.:, :1J :E;(') '"^'- -- c_,Cl ,'.-c) :.:? 6rn 'j..~ c:. .....-.\ ~ - :ss. 0:> ...c;, CHARLES M. BERNSTEIN, Plaintiff . IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE KAREN L. BERNSTEIN, Defendant : NO. 02 - 1035 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DECREE TO DEFENDANT: 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 May 6, 2002, 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 TillS 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 FlND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 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. g c:> 0 l'> -n ~ ::r:; ~ --~ "'Occ :po "'C -n mr" --< ,;or :z:r:. -;:;t"f1 z:C c:> -1)9 <;? ...;;, ~ ' ;"':'L \'~i~7, t;2c -0 ,:~.,:D 'L;C) ::;::. ,,(,C> 5;;2 w o,-n -"4 Z. ~ ~ "-I CHARLES M. BERNSTEIN, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE KAREN L. BERNSTEIN, Defendant : NO. 02 - 1035 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER ~3301(d) OF TIlE DIVORCE CODE 1. 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! 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 of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. 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 Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. (") C> 0 c: f'V --n -, :r:: So- -ot:I.: 1;:00 .." mrr: -< -r;~ Z::r:: ;z;s:: C> .;',0 ~:.::'. ::lh r;::r,:., " __~I 4"" i .-:~J' > :x {:;l c::i ZO -Cl ~ qrn :r>C Z ~ --l :.0 -( .-J -< CHARLES M. BERNSTEIN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW KAREN L. BERNSTEIN, Defendant NO. 02 - 1035 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 ~3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant, Karen Bernstein of 209 East Fifth Street, Apt.#3, Frederick, Maryland 21701, was served by certified mail, restricted delivery, return receipt requested. The receipt was signed on the 14th of March, 2002. Proof of service was filed on March 21, 2002. 3. (i) Date of execution of the affidavit required by ~3301(d) of the Divorce Code: The affidavit was executed as part of the Complaint on March 1, 2002; (ii) Date of filing and service of the Plaintiffs affidavit upon the respondent: The affidavit was filed as part of the Complaint on March 1, 2002 and served on March 14,2002. 4. Related claims pending: None 5. Date and manner of service of the Notice of Intent to Request Entry of Divorce Decree and Defendant's Counter-Affidavit, copies of which are attached: Service was accomplished by sending said Notice and Counter-Affidavit to Defendant, Karen Bernstein of 209 East Fifth Street, Apt. #3, Frederick, Maryland 21701, by regular, first class mail on April 15, 2002. 6/ /0(02- Date FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 (") 0 8 c N ?' ::ll: -005 P" -n \Tlrr -< _c-,~ Z:'T_' zc~ 0 ; <r' ()J ;:. 1,1, .) -(L- r:;:::c -0 " J:."'C.' :JJ: :"SB Z' iSrn --0 ~ )>c: 'i;! 7: :.<. .-1 ~ * 'Z ~ ~u, ('t? #7:.::t ~ ~ ~ 'r{) ('c7. .' ...: :..,.. . . -L e..