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HomeMy WebLinkAbout02-1522NEIL R. AUSTIN, Plaintiff, CYNTHIA L. AUSTIN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DIVORCE :NO. 02- I S'Q-~ 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 wamed 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 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, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITI~S 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 infmmation 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. NELL R. AUSTIN, Plaintiff, CYNTHIA L. AUSTIN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE NO. 02- ]5~- CIVIL TERM COMPLAINT The plaintiff, Neil R. Austin, by his attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. SECTION 3301(c), 3301 (d) and 3301(a)(6) OF THE DIVORCE CODE 1. Plaintiff is Neil R. Austin, who currently resides at 66 East Main Street, New Kingstown, Cumberland County, Pennsylvania 17072. Plaintiff has resided in Pennsylvania since 1998. 2. Defendant is Cynthia L. Austin, who currently resides at 7073 Carlisle Pike, Lot //35, Carlisle, Cumberland County, Pennsylvania 17013. Defendant has resided in Pennsylvania since approximately 1992. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately prior to the filing of this Complaint. Alabama. 5. 6. Plaintiff and Defendant were married on April, 3,1998, in Guntersville, Marshall, Plaintiff and Defendant have lived separate and apart since December 13, 2001. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff avers that Defendant, in violation of her marriage vows under the laws of the Commonwealth of Pennsylvania, has offered such indignities against Plaintiff, her innocent and injured spouse, as to render Plaintiff's condition intolerable, and life burdensome. 9. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff Neil R. Austin requests the court to enter a decree in divorce dissolving the marriage. Date: Jason ~.~McNichol~ Cer~cqed Legal Intern ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in the foregoing Complaint are tree and correct, to the best of my knowledge, information and belief. I understand making any false statemem would subject me to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Ne'[1 ~. Austin NEIL R. AUSTIN, Plaimiff, CYNTHIA L. AUSTIN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE NO. 02- 15'~g[ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, PlaintiffNeil Austin to proceed in forma pauperis. I, Jason P. McNicholl, Certified Legal. Intern in the Family Law Clinic, for the party proceeding in fonna paupefis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date: April 1, 2002 J~ P. McNicholl Certified Legal Intern THOMAS M. PLACE LUCY JOHNSTON-WALSH Supervising Attomeys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 SHERIFF'S RETURN - REGULAR CASE NO: 2002-01522 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AUSTIN NEIL R VS AUSTIN CYNTHIA L JASON VIOP3kL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon AUSTIN CYNTHIA L the DEFENDANT at 7073 CARLISLE PIKE CARLISLE, PA 17013 , at 1022:00 HOURS, on the 22nd day of April LOT 35 by handing to CYNTHIA AUSTIN a true and attested copy of COMPLAINT - DIVORCE , 2002 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~S~ day of ~), ~.~ ~70~ J~ A.D. --~ P~rothonotary ' So Answers: R. Thomas Kline 04/23/2002 FAMILY LAW ~y Sh~e~5~f ~ NEIL R. AUSTIN, Plaintiff, CYNTHIA L. AUSTIN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DIVORCE : NO. 02-1522 CIVIL TERM PROOF OF SERVICE I, Jason McNicholl, certify that a tree copy of the Divorce Complaint was served on Defendant Cynthia Austin by hand by Jason Vioral of the Cumberland County Sheriff's Department, on April 22, 2002, at the following address: 7073 Carlisle Pike Lot #35 Carlisle, PA 17013 Sheriff's Return Receipt is attached hereto. Date (~on P. McNicholl 6rtified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 SHERIFF'S RETURN - REGULAR CASE NO: 2002-01522 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AUSTIN NEIL R VS AUSTIN CYNTHIA L JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon AUSTIN CYNTHIA L the DEFENDANT , at 1022:00 HOURS, on the 22nd day of April at 7073 CARLISLE PIKE LOT 35 , 2002 CARLISLE, PA 17013 CYNTHIA AUSTIN by handing to a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 04/23/2002 FAMILY LAW By: ~y S~e~i[ f Prothonotary NEll R. AUSTIN, Plaintiff, CYNTHIA L. AUSTIN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 02-1522 CIVIL TERM AFFIDAVIT OF CONSENT 2002. 2. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on April 1, The marriage of 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. §4904, relating to unsworn falsification to authorities. Date Neil R. Austin, Plaintiff NEIL R. AUSTIN, Plaintiff, CYNTHIA L. AUSTIN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW DIVORCE NO. 02-1522 CIVIL TERM AFFIDAVIT OF CONSENT 2002. 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on April 1, 2. The marriage of 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. §4904, relating to unsworn falsification to authorities. Date Cynthia Il. Austin, Defendant NEIL R. AUSTIN, Plaintiff, CYNTHIA L. AUSTIN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE : NO. 02-1522 CIVIL TERM 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 of divorce without notice. 2. I understand that I may lose fights 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. §4904 relating to unsworn falsification to authorities. Date NEIL R. AUSTIN, Plaintiff, CYNTHIA L. AUSTIN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW DIVORCE : NO. 02-1522 CIVIL TERM 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 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. §4904 relating to unsworn falsification to authorities. II NElL R. AUSTIN, Plaintiff, CYNTHIA L. AUSTIN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : NO. 02-1522 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infomiation, 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: Defendant was served on April 22, 2002 by the Cumberland County Sheriffs Department. 3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by the plaintiff, July 23, 2002; by the defendant, July 23, 2002. 4. Related claims pending: none. 5. Date plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: July 29, 2002. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: July 29, 2002. Jennife~I-Ieverly Ce~fie~l Legal Intern T~IO~S M~LACE ROBBI~ E. RAINS LUCY JOHNSTON-WALSH Supervising Attorney FAMILY LAW CL1NIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 IN THE COURT OF COMMON N-RTT. R. AUSTIN, p1 a ~ VERSUS CF CUMBERLAND COUNTY STATE Of ~~ PENNA. N O. 02 - 1522 PLEAS AND NOW,__ DECREED THAT AND DeCrEE IN DIVORCE Ne. il R. A,,-~tin Clzn~ L. AusHn ~$ ORDERED AND _,PLAINTIFF, ,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; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .~, Plaintiff vs. Defendant File No. IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the _ ~ day of.. CJ~l~'~ .~~k~ , hereby elects to resume the prior surname of ~.~L'l/~_h i'~-~''' g. j(,~l~._~ this written not~ce pulrsuant to the provisions of 54 DATE: COMMONWEALTH OF PENNSYLVANIA: : COUNTY OF CUM,~3ERLAN£; : and gives P.S. S 704. · ~na~q~e. of na~e b~ei~g On the .... day of ~otar~ Public, perso-~lly appe~F~~.--above' '~_Q(3~, before me, a . affiant known to me to be the person whose name xs subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose there4n contained. seal. In Wi[ness Whereof, I have hereunto set my hand and official J_ODY S, SMITH: NOTARY PUBLIC Carlisle Boro, Cumberland County ~ission Expires April 4, 2005 I Notar.y Public