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HomeMy WebLinkAbout02-2443LINDA SUSAN CHITTUM, PLAINTIFF JAMES HARRY CHITTUM, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO.t~ -,3W1 CIVIL : : CIVIL ACTION - LAW : ACTION FOR 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 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 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 TItIS 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 1-800-990-9108 LIN-DA SUSAN CHITTUM, PLAINTIFF JAMES HARRY CHITTUM, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO.O:3',~q:~13 CIVIL : : CML ACTION - LAW : ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, LINDA SUSAN CHITTUM, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce 1. Plaintiff is LINDA SUSAN CHITTUM, an adult individual, who currently resides at 919 Alison Avenue, Meehanicsburg, Cumberland County, Pennsylvania, 17055. The Plaintiff has resided in Cumberland County for over five (5) years. 2. Defendant is JAMES HARRY CH1TTUM, an adult individual, who currently resides at 919 Alison Avenue, Mechaniesburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on May 3, 1964. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiffhas chosen not to engage in, or to request any counseling. Services. 9. Neither Plaintiff nor Defendant was a member of the United States Military Plaintiff and Defendant have no children from their man/age. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(e) OF THE DIVORCE CODE 10. thereto. 11. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference After ninety (90) days have elapsed from the date of filing this Complaim, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, LINDA SUSAN CHITTUM, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301 (e) of the Divorce Code. COUNT H - REQUEST FOR EQUITABLE DISTRmUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 12. thereto. Paragraphs I through 11 of this Complaint are incorporated herein by reference 13. The Plaintiff requests the Collrt to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WItEREFORE, Plaintiff, LINI)A SUSAN CIIITTUM, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Respectfully submitted, Dated: May _/~, 2002 LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Su~ Kay ~2'fifidi41o; Esquire Counsel fo~ Plain~ff PA I.D. # 64998' 5021 East Trindle Road Suitel00 Meehauiesburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of bet knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. LINDA SUSAN CHITTUM ~m -< LINDA SUSAN CHITTUM, PLAINTIFF VS. JAMES HARRY CHITTUM, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 02-2443 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF SERVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Be it known, that on the ~ day of SS: . · 2002, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Linda Susan Chittum, Plaintiff in the above-captioned matter. 3. On May 22, 2002, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 2510 0003 4439 9703, and addressed to the Defendant, James Harry Chittum, at 919 Alison Avenue, Mechanicsburg PA 17055. 4. The return receipt card signed by the Defendant, James H. Chittum, showing a date of service of May 25, 2002, is attached hereto as Exhibit "A". Pa.R.C.P. 403. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and sus^~ ~¥ f~^~E[[O, Counsel for Pl~ SWORN TO AND SUBSCRIBED before me, a Notary Public, this ~xxt x.wxg~_ ,2002. __ day of Notary Public (~ "~ My Commission Expires: ~ q )c~D0 5- · Print your name and add _m~__ on the rever~e · Attach this carcl to the bacl RESmlOIEO DELmRY 2. Article Number -- ps Fom~ 3811, nugum 20m 7001 2510 y, ~ f~om Item 17 I"t ye~ . ~s, .~r ~~ ~: ON~ Mail [] e~u,~ M~I [] C.O.D. Exhibit "A"