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HomeMy WebLinkAbout06-5227d Mindy S. Goodman Attorney at Law 2215 Forest Hills Drive Suite 35 Harrisburg, PA 17112 (717) 540-8742 JASDEEP K. SIDHU, Plaintiff V. MANJINDER SINGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. bL - s227 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 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. 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. Cumberiand County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JASDEEP K. SIDHU, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. MANJINDER SINGH, Defendant : IN DIVORCE NOTICIA Le han Demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas an las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted deve presentar una apariencia excrita o en persona o por abogado y archivar en to corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JASDEEP K. SIDHU, Plaintiff V. MANJINDER SINGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol. -S..2z7 et.ZNI ? ` "Vq IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, JASDEEP K. SIDHU, by her attorney, Mindy S. Goodman, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, JASDEEP K. SIDHU, is an adult individual whose current address is located in Cumberland County, Pennsylvania. As a result of threats that the Defendant has made against Plaintiff, Plaintiff opts not to disclose her exact address at this time. 2. The Defendant, MANJINDER SINGH, is an adult individual who currently resides at 841 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 19, 1999 in New York, New York and separated on or before August 16, 2006. 3 5. The Plaintiff avers that the parties have two children whose names and dates of birth are as follows: GURVEEN K. BATTH Born December 5, 2001 RHAVEER S. BATTH Born May 4, 2003 6. Plaintiff anticipates that she and the Defendant will be able to work with one another to arrive at a mutually acceptable custodial arrangement and refrains from filing a claim for custody at this time. While Plaintiff has opted not to reveal her address at this time, Plaintiff has made arrangements so that Defendant can see and spend time with the parties' two minor children. 7. 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. 8. The cause of action and section of the Divorce Code under which Plaintiff is proceedings is: 23 Pa. Cons. Stat. § 3301(c), or in the alternative, 23 Pa. Cons. Stat. § 3301(d). The marriage of the parties is irretrievably broken. 9. There have been no prior actions of divorce filed between the parties. 10. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling, which she does not intend to pursue at this time. 4 WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNTI EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, from the date of their marriage until the date of their separation. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property at this point and time and reserves the right to litigate this matter should the parties be unable to agree on an equitable division of property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. COUNT II ALIMONY PENDENTE LITE, SUPPORT. COUNSEL FEES AND EXPENSES 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 5 15. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 16. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 17. Plaintiffs income is not sufficient to provide for her reasonable needs and pay attorneys' fees and the cost of this litigation. 18. Defendant has adequate earnings to provide support and alimony pendente lite for Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff requests your Honorable Court to compel Defendant to pay Plaintiff alimony pendente lite, support, counsel fees, costs and expenses of this action. Respectfully submitted, Mindy S. Goodman, Esquire Attorney No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unswom falsification to authorities. DATE:C Ja eep K. Sidlfib v f7 <_? ?7 ? !nom ! 71 rr \)7n C7 Z C-b 0 Mindy S. Goodman Attorney at Law 2215 Forest Hills Drive Suite 35 Harrisburg, PA 17112 (717) 540-8742 JASDEEP K. SIDHU, Plaintiff V. MANJINDER SINGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5227 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Mindy S. Goodman, Attorney at Law, do hereby certify that I served a true and correct copy of the Complaint in Divorce upon the Defendant at the address listed below by certified and first-class mail, postage pre-paid, on the 15th day of September, 2006. The original return-receipt card is attached hereto. Mr. Manjinder Singh 841 Old Silver Spring Road Mechanicsburg, PA 17055 67 cc'-S- Mindy S. Goodman, Esquire ID No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff V ¦ 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 mailpiece, or on the front if space permits. 1. Article Addressed to: f ?c7 j A: Signature ? Agent X ? Addressee B. Receiv r C.-Pate of Delivery D. Is address different IW9A1sT ? Yes if erkaref?lft?tiresa ? No 3. " Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7004 2510 0007 6531 7697 (Transfer from service /abed PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 -ti c 61 2 ? ? t4 7y C_ N r v JASDEEP K. SIDHU, Plaintiff V. MANJINDER SINGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5227 CIVIL ACTION - LAW IN DIVORCE NOTICE TO THE PLAINTIFF 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(D) OF THE DIVORCE CODE NOTICE 1. The parties to this action separated on August 16, 2006, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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. 2-IdIL Date: J deep K. Si hu, Plaintiff "j, C -? c e) r fz JASDEEP K. SIDHU, Plaintiff V. MANJINDER SINGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5227 CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: Mr. Manjinder Singh c/o Linda A. Clotfelter, Esquire 5021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 You have been sued in an action for divorce. You have failed to answer the complaint or file a counteraffidavit to the § 3301(d) affidavit. Therefore, on or after November 20, 2008, the other parry can request the court to enter a final decree in divorce. A counter-affidavit which you may file with the court is attached to this notice. 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 o 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 TO HIRE A LAWYER, 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 a JASDEEP K. SIDHU, Plaintiff V. MANJINDER SINGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 06-5227 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Mindy S. Goodman, Attorney at Law, do hereby certify that on the 23?d day of October, 2008, 1 served a true and correct copy of Plaintiffs Notice of Intention to Request Entry of a 3301(d) Divorce upon the Defendant, through his attorney, Linda A. Clotfelter, Esquire at the address listed below. Linda A. Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Mindy S. Goodman, Esquire ID No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff C3 r? C ° cza C'ZZ c3 n 7^. _ 'r 0 V A JASDEEP K. SIDHU, Plaintiff V. MANJINDER SINGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5227 CIVIL ACTION - LAW IN DIVORCE PRACEIPE 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: By Certified Mail, Restricted Delivery, Return Receipt Requested, a certificate of service having been previously filed on September 22, 2006. 3. Date of execution of Plaintiffs Affidavit Under Section 3301(d) of the Divorce Code: Execute 9-18-08 ; Filed 9-23-08 . A copy of which is attached hereto as Exhibit A. 4. Related claims pending: NONE 5. Date and manner of service of Plaintiffs Affidavit Under Section 3301(D) of the Divorce Code: By First Class Mail to counsel for Defendant, Linda A. Clotfelter, Esquire, 5021 East Trindle Road, Mechanicsburg, Pennsylvania, 17050, a copy of Plaintiff s Affidavit Under Section 3301(d) of the Divorce Code is attached hereto as Exhibit A. 6. Date and manner of service of Plaintiff s Notice of Intention to Request Entry of Section 3301(D) Divorce Decree: By First Class Mail to counsel for Defendant, Linda A. Clotfelter, Esquire, 5021 East Trindle Road, Mechanicsburg, Pennsylvania, 17050, a copy of the Notice of Intention to Request Entry of 3301(d) Divorce Decree attached hereto as Exhibit B. Respectfully submitted, Date: l l 2Y -c?'r V 11? Mindy S. Goodman Attorney at Law I.D. No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff C?p =r JASDEEP K. SIDHU, Plaintiff V. MANJINDER SINGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-5227 CIVIL ACTION - LAW IN DIVORCE C-) N a ?. NOTICE TO THE PLAINTIFF ? -.,; rri If you wish to deny any of the statements set forth in this affidavit?r u w must file a counter-affidavit within twenty (20) days after this affidavit ha"- en . served on you or the statements will be admitted. r PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE NOTICE The parties to this action separated on August 16, 2006, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights conceming 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. n Date: *0L JJdeep K. Si hu, Plaintiff 73 rr+ -a r9?? err. Ex 1A %?3 t-cc A JASDEEP K. SIDHU, Plaintiff V. MANJINDER SINGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-5227 CIVIL ACTION - LAW IN DIVORCE 0 n o C - Z--- 65 o ? -ca y r r- z" NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: Mr. Manjinder Singh c/o Linda A. Clotfelter, Esquire 5021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 You have been sued in an action for divorce. You have failed to answer the complaint or file a counteraffidavit to the § 3301(d) affidavit. Therefore, on or after November 20, 2008, the other party can request the court to enter a final decree in divorce. A counter-affidavit which you may file with the court is attached to this notice. 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 o 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 TO HIRE A LAWYER, 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Ex. "-,\ a Vt & JASDEEP K. SIDHU, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MANJINDER SINGH, : Defendant NO. 06-5227 CIVIL TERM ORDER OF COURT AND NOW, this 4`i' day of December, 2008, upon consideration of Plaintiff's praecipe to transmit record, and there being no indication in the file that Linda A. Clotfelter, Esq., is Defendant's attorney of record or that she has accepted service on his behalf of any paperwork in this matter, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and file a new praecipe to transmit. BY THE COURT, ZMindy S. Goodman, Esq. 2215 Forest Hills Drive Suite 35 Harrisburg, PA 17112 Attorney for Plaintiff Manjinder Singh 841 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant Xourtesy Copy: Linda A. Clotfelter, Esq. 5021 East Trindle Road Mechanicsburg, PA 17050 1ES'/na1cl,CL :rc .? z ;,? (? fit, ? ..... ,. !"-1 JASDEEP K. SIDHU, Plaintiff V. MANJINDER SINGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-5227 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT UNDER 3301(C) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. Cons. Stat. § 4904, relating to unswom falsification to authorities. Date: 1 /-k'7 /a e Manjinder Si gh ' ' . mss ?.c? c?_ "?;? v ? ? y Y i ? ?y ? s - ?: f __ ?? JASDEEP K. SIDHU, Plaintiff V. MANJINDER SINGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-5227 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under § 3301 (c) of the Divorce Code was filed on September 7, 2006. 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. 1 consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree. 4. 1 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. Cons. Stat. § 4904, relating to unswom falsification to authorities. Date: Manjinder Singh rn ?;Yl JASDEEP K. SIDHU, Plaintiff V. MANJINDER SINGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5227 CIVIL ACTION - LAW IN DIVORCE PRACEIPE 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(c) of the Divorce Code. 2. Date and manner of service of the Complaint: By Certified Mail, Restricted Delivery, Return Receipt Requested, a certificate of service having been previously filed on September 22, 2006. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff 1-11-09 ; by Defendant 12-29-08 . 4. Related claims pending: NONE 5. Date Plaintiff s Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 1-15-09 ; by Defendant 1-6-08 Date: )-29-a? Respectfully submitted, Mindy S. Goodman, Esquire I.D. No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff C'7R - , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASDEEP K. SIDHU, V. MANJINDER SINGH NO, 2006-5227 DIVORCE DECREE AND NOW, & b -S , Z p e q , it is ordered and decreed that JASDEEP K. SIDHU, , plaintiff, and MANJINDER SINGH , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By the Court, ??wS` .?s.