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HomeMy WebLinkAbout02-1521C. ROSE SADLER, Plaintiff V$, ROBERT E. SADLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 divome 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 of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 C. ROSE SADLER, Plaintiff VS. ROBERT E. SADLER, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * CIVIL ACTION - LAW * IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is C. Rose Sadler, who currently resides at 228 East Main Street, Apartment 1, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Robert E. Sadler, who currently resides at RD#2 Horse Hollow Road, Newport, Perry County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on August 4, 1984. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The 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. 8. Plaintiff avers that there are no children of the parties under the age of eighteen. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two years as specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. Date: Respectfully submitted: JENI~IFER L. FRECHETTE, ESQUIRE WEINTRAUB & ASSOCIATES 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #87445 ATTORNEY FOR PLAINTIFF VERIFICATION I, C. ROSE SADLER, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. C. ROSE SADLER, PLAINTIFF C. ROSE SADLER, * Plaintiff * VS. * ROBERT E. SADLER, * Defendant * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O -rS-'2t CIVIL ACTION - LAW IN DIVORCE NOTICE OF ELECTION TO RESUME PRIOR NAME Notice is hereby given that Plaintiff elects to resume her prior name of C. Rose Comp, and gives this written notice of her intention in accordance with the provisions of 54 Pa. C.S. §704. C. Rose Sadler C. Rose Comp ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On the day of ~//~_~t /~7~ , 2002, before me, a Notary Public, personally appeared C. Rose Sad'le~-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 WHEREOF, I have hereunto set my hand and official seal. No(ary Puf ,c- Notarial Seal Misty D. Lehman, Notary Public _Harrisburg, Dauphin County My uommission Expires Aug. 2, 2004 C. ROSE SADLER, Plaintiff VS. ROBERT E. SADLER, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLANDCOUNTY * PENNSYLVANIA ~2~ ~, (~ ~_~ * CIVIL ACTION - LAW * IN DIVORCE CERTIFICATE OF SERVICE I, Jennifer L. Frechette, Esquire, hereby certify that on the date set forth below, I served a tree and correct copy of the Complaint in Divorce and Notice of Election of Prior Name upon Robert E. Sadler, Defendant, by depositing same, postage pre-paid, Certified Mail, Return Receipt Requested and via Regular Mail in the United States Mail, Hamsburg, Pennsylvania, addressed as follows: Robert E. Sadler RD #2 Horse Hollow Road Newport, PA 17074 Date: C. ROSE SADLER, Plaintiff VS. ROBERT E. SADLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D: - 152 I CIVIL ACTION - LAW IN 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 (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 OF THE DIVORCE CODE 1. The parties to this action separated in 1955 and have continued to live separate and apart for a period of at least two (2) 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. Section 4904 relating to unsworn falsification to authorities. C. ROSL SADLER, Plaintiff C. ROSE SADLER, Plaintiff VS. ROBERT E. SADLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY PENNSYLVANIA NO. 02-1521 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : AND NOW, this 5th day of April, 2002 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Wendy L. Shive, who being duly sworn according to law, deposes and says that on April 1, 2002, she mailed a certified copy the Complaint in Divorce, by certified mail, return receipt requested, to Robert W. Sadler, RD#2 Horse Hollow Road, Newport, PA 17074, and the same was received by him on April 4, 2002 as indicated by the return receipt card which is attached hereto. Wendy L~f~ive Sworn to and subscribed befare me on this ~ day of /"1 D~I .~, , 2002. '"' ~ ' Not~ryPublic ~ - - -- Notarial Seal Misty D. Lehman, Notsr'/Public Harrisburg, Dauphin County MyCommission Expires Aug. 2, 2004 or on the front if apace petmlta. 1. A*licle Addme~cl to: ., r~ ~r, aum~ Ma~ 0 C.O.D. C. ROSE SADLER, Plaintiff VS. ROBERT E. SADLER, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLANDCOUNTY * PENNSYLVANIA * NO. 02-1521 * CIVIL ACTION - LAW * IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Jennifer L. Frechette, Esquire, hereby certify that on the date set forth below, I served a true and correct copy of the Notice of Intention to Request Entry of 3301(d)Decree Divorce and Defendant's Counter-Affidavit under Section 3301(d) of the Divorce Code upon Robert E. Sadler, Defendant, by depositing same, postage pre-paid, Certified Mail, Return Receipt Requested and via Regular Mail in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Robert E. Sadler RD #2 Horse Hollow Road Newport, PA 17074 'L Date: q '~) [~O~).- ~Iisty D. Lehrhan C. ROSE SADLER, Plaintiff VS. ROBERT E. SADLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY PENNSYLVANIA NO. 02-t 521 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ; SS. COUNTY OF DAUPHIN : AND NOW, this 26th day of April, 2002 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Wendy L. Shive, who being duly sworn according to law, deposes and says that on April 24, 2002, she mailed the Notice of Intention to Request Entry of Divorce Decree and Counter-Affidavit, by certified mail, return receipt requested, to Robert W. Sadler, RD#2 Horse Hollow Road, Newport, PA 17074, and the same was received by him on April 25, 2002 as indicated by the return receipt card which is attached hereto. Wendy .I~iv'e Sworn to and subscribed befoLe me on this 0 [l~F~day of~, 2002. ~ Notary Public I' ' Notadal Seal Misty D. Lehman, Notary Public Harrisburg, Dauphin County My Commission Expires Aug. 2, 2004 · print your name and address on the ~me so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front ff space permits. I~ Form 3811, August 2001 D. is ~ addm~ dlff~ent from Earn 17 t-lyes ff YES, enter d~k~ e4:~r~l below: r~ k~umd MI~ E] C.O.D. e,' 4. R~ Delhi'/? (Extra FIe) ~ C. ROSE SADLER, Plaintiff VS. ROBERT E. SADLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1521 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 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: Served via Certified Mail, Restricted Delivery on April 4, 2002. Affidavit of Service filed on April 15, 2002. 3. Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: Executed April 3, 2002; Date of filing and service of the plaintiff's affidavit upon the defendant: Filed April 9, 2002 and served on April 25, 2002. 4. No Counter affidavit has been filed to Plaintiff's Affidavit under Section 3301(d) of the Divorce Code and therefore the averments of the same are deemed admitted. 5. Related claims pending: None. 6 Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301 (d)(1)(I) of the Divorce Code. Via Certified Mail, Restricted Delivery on April 25, 2002. An Affidavit of Service was filed on April 29, 2002. WHEREFORE, the Court is requested to enter a final Decree in Divorce in compliance with Section 3301(d) of the Divorce Code and Pa. R.C.P. 19:0.42(a)(2). : ~/or~r ~ry Lf.o rF;~ hn;~;fe,Es~ uire Plaintiff VS. ROBERT E. SADLER, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * NO. 02-1521 * CIVIL ACTION - LAW * IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE TO: ROBERT E. SADLER, 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 17, 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 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN The COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE Of _,~. PeNNa. C. ROSE SADLER PLAINTIFF VERSUS ROBERT E. SADLER DEFENDANT NO. 02-1521 DECREE IN DIVORCE AND N OW, _~~~_ . ,~~, it iS OrDerED AND DECREED THAT C. ROSE SADLER , PLAINTIFF, AND ROBERT E. SADLER , 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. p ROT H O N OT~RJ-~