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Home My WebLink About02-2393PATRICIA ANN ADAMS, Plaintiff RICHARD A. ADAMS, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 2002- ,2-~ ~_3 CIVIL TERM : 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. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the 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, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 PATRICIA ANN ADAMS, Plaintiff RICHARD A. ADAMS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 2002- .23~)~ CIVIL TERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR (D) OF THE DIVORCE CODE Plaintiff, Patricia A. Adams, by her attorney, Lindsay D. Baird, Esquire, sets forth the following: 1 Plaintiff, Patricia A. Adams, is an adult individual residing at PO Box 484, Carlisle, Cumberland County, Pennsylvania 17013. 2 Defendant, Richard A. Adams, is an adult individual residing at 250 F Street, Carlisle, Cumberland County, Pennsylvania 17013. 3 The parties were married on October 13, 1985 in Cumberland County, Pennsylvania. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 This action is not collusive. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 7 In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties 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, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. Attorney'for the Plaintiff 37 S. Hanover Street Carlisle, PA 17013 717' - 243-5732 I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS §4904 relating to unsworn falsification to a..~thorities. Patricia Ann Adams, Plaintiff PATRICIA ANN ADAMS, Plaintiff RICHARD A. ADAMS, Defendant · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 2002 - 2393 CIVIL TERM : IN DIVORCE NOTICE 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. AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on or about November 25, 2000, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage between the parties is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division ofiproperty, lawyers 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. 'Date Patricia Ann Adams, Plaintiff I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS §4904 relating to unsworn falsifica~thorities. ~a[ricia Ann Adams, Plaintiff ' -- PATRIClA ANN ADAMS, Plaintiff RICHARD A. ADAMS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 2002 - 2393 CIVIL TERM · IN DIVORCE N ?J .°, '..". ?20 _, TO.E UEST E.TRY OF SECTION 3301 d~ORCE D~CR~E - You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the Section 3301(d) affidavit. Therefore, on or after September 15, 2003, the other party can request the court to enter a final decree9 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 enterla 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! forever the right to ask for economic relief. The filing of the form counter-affidavi~ lose does not Protect your economic claims, alone YOU SHOULD TAKE THIS PAPER TO YOUR LAVVYER AT ONCE. IF YOu DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEP ONE THE OFFICE SET FORTH BELOW TO FIND OU HELP. T WHERE YOU CAN GET ~GAL CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 PATRICIA ANN ADAMS, Plaintiff RICHARD A. ADAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO, 2002 - 2393 CIVIL TERM IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF THE 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 (2) 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, lawyers's fees or expenses if t do not claim them before a divorce is granted. -- (b) I wish to cia m economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them to the other party. If I fail t(~ do so before the date set forth on the Notice of Intention 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 PaCS 4904 relating to unsworn falsification to authorities. Date -- Richard A. Adams, Defendant ~ -- NOTE: If you do not wish to oppose th.e. entry of a divorce dec. ree and you dO not wish to make any claim for economic relief, you need not file th,s counter-affidavit. PATRICIA ANN ADAMS, Plaintiff RICHARD A. ADAMS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 2002- 2393 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead and a Notice of Availability of Marriage Counseling was served on the Defendant, Richard A. Adams, by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said return receipt evidencing delivery being attached hereto. Said service on May 16, 2002. /Eindsay D. Bair~d', Eso/bire Attorney for Plaintiff 37 South Hanover Street Carlisle, PA 17013 717 - 243-5732 Sworn and Subscribed to before me this Z ~ day of October, 2003. Notary Public Noiarial Seal Nlven J. Baird, Notary Public Carlisle Boro, Cumberland Co~nty My Commission Expires Nov. 2, 2006 COMPLAINT · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · PHnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. Article Addressed to: [] Agent r~yes 3. em/ice Type ,,~f'fied Meil ~ Ex~re~ j F'l, Registered ~,.Return Receipt for MerchanMise [] Insured Meil [] C.O.D. J 4. Restricted Detivery? {'E~ra Fee) ~ yes 2. Article Number PS Form 381 1, Mamh 2001 I:~rr~sti¢ Return R~eipt 102§g$-O1-M-1424 AFFIDAVIT/NOTICE OF INTENT · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space pan-nits. 2. Article Number (Transfer from service PS Form 3811, March 2001 Domestic Return Receipt 3. Se~ice Type ertifled Mail Ir-I Express Mail egistered J-I Return Receipt for Merchandise [] Insured Mai ITM C.O.D. 70,01 2510 0006 5891 6030 PATRICIA ANN ADAMS, Plaintiff RICHARD A. ADAMS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 2002- 2393 CIVIL TERM : 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 Section 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified, Restricted, Return Receipt requested, U.S.Mail, served as evidenced by attached green card on May 16, 2002. 3. (1) Date of execution of the Affidavit of Consent required by Section 3301(d) of the Divorce Code: August 15, 2003; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Filed August 20, 2003; Served by certified, restricted, return receipt US Mail as evidenced by attached green card on August 22, 2003. 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe a copy of which is attached: Certified, restricted, return receipt US Mail as evidenced by attached green card on August 22, 2003. ..~1 dsay Dare~aird, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF PATRICIA ANN ADAMS, Plaintiff VERSUS RICHARD A. ADAMS~ Defendant If::'EN NA. No. 2002 - 2393 DECREE IN DECREEd THAT PatriciaAnnAdams , PLAINTIFF, AND Richard A. Adams 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; BY · . PROTF