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HomeMy WebLinkAbout02-3195FRANCES J. AUSTIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW IN DIVORCE DAVID L. AUSTIN, Defendant : NO. ~-..?/~'.f~ CWIL 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 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 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 AMERICANS WITH DISABILITIES 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 information 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 heating or business before the court. You must attend the scheduled conference or hearing. FRANCES J. AUSTIN, Plaintiff DAVID L. AUSTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CiVIL ACTION - LAW : IN DIVORCE : NO. O R- -71 qS' CWIL TERM DIVORCE COMPLAINT The plaintiff, Frances J. Austin, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Frances J. Austin, who currently resides at 436 First Street, Carlisle, Cumberland County, Pennsylvania, 17013 since August of 1999. 2. Defendant is David L. Austin, who currently resides at 32 H Street, Carlisle, Cumberland County, Pennsylvania, 17013 since April of 2002. 3. The plaintiff and the defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on March 16, 2001 in Mount Holly, Cumberland County, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since April 7, 2002. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage 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, plaintiffrequests the court to enter a decree of divorce. Date Respectfully submitted, Certified Legal Intern LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 VERIlVlCATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date (j/l~rankes J(4~/~, Ph~ntiff FRANCES J. AUSTIN, Plaintiff DAVID L. AUSTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW IN DIVORCE : NO. ~,~-3/~q'~ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPER.IS To the Prothonotary: Kindly allow Frances J. Austin, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies pursuant to Pa. R.C.P. No. 240(d) that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, Jennifer I-l~erly Certified Legal Intern LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 71%243 -2968 FRANCES J. AUSTIN, Plaintiff DAVID L. AUSTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : : CIVIL ACTION - LAW · IN DIVORCE · NO. 02 - 3195 CIVIL TERM PROOF OF SERVICE Understanding that the making of any false statement would subject her to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities), the undersigned verifies that the Family Law Clinic served a tree copy of the Divorce Complaint on the Defendant by placing the same in the U.S. Mail, certified no. 7001 2510 0003 4482 1815, restricted delivery, return receipt requested, postage prepaid, on the 9~ day of July, 2002, addressed as follows: David Austin, 32 H Street, Carlisle, PA 17013. On or about the 12th day of July, 2002, return receipt no.7001 2510 0003 4482 1815 was delivered to the Family Law Clinic, bearing the signature of David Austin and showing a date of service of July 10, 2002· The sender's receipt and return receipt are attached hereto and incorporated by reference. Date Jennif~)rHcx;er y ff__..) Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 t'~ (Endorsement Required} Restrtcte~ Dellve~'y Fee ~ (End°meTt Requ'red) I~ 4 If ~ Ddvi~ Ia dlred. ~ · Pflnt your name and addmt on the mveme PS Form 381 1, August 2001 ~ Return Receipt 102595-01-M-0381 FRANCES J. AUSTIN, Plaintiff DAVID L. AUSTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW IN DIVORCE : NO. 02 - 3195 CIVIL TERM CERTIFICATE OF SERVICE I, Jennifer Heverly, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a tree and correct copy of the attached Proof of Service on the Attorney for Plaintiff, Robert L. O'Brien, Esquire of O'Brien, Baric, and Scherer, 17 West South Street, Carlisle, Pennsylvania, 17013, by depositing a copy of the same in the United States mail, postage prepaid, this date. J ennife0I-~verly ~ Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 FRANCES J. AUSTIN, Plaintiff DAVID L. AUSTIN, Defendant IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY C1VIL ACTION - LAW IN DIVORCE : NO. 02 -3195 CIVILTERM CERTIFICATE OF SERVICE I, Jennifer Heverly, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of the Plaintiff's Waiver of Notice of Intention to Request Entry of Divorce Decree and Affidavit of Consent on the Defendant, David L. Austin of 32 H Street, Carlisle, Pennsylvania 17013, by depositing a copy of the same in the United States mail, postage prepaid, on this date. Je~verly ' Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 FRANCES J. AUSTIN, Plaintiff DAVID L. AUSTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW 1N DIVORCE : NO. 02 - 3195 CIVIL TERM AFFIDAVIT OF CONSENT 2002. 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 5, 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 unswom falsification to authorities. D~te / ' Frances J. Ag.~fin,'?laintiff FRANCES J. AUSTIN, Plaintiff DAVID L. AUSTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW IN DIVORCE :NO. 02 -3195 CIVILTERM 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 conceming 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 Corot 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S §4904 relating to unswom falsification to authorities. Date/ / FRANCES J. AUSTIN, Plaintiff DAVID L. AUSTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW IN D1VORCE NO. 02-3195 CIVIL, TERM CERTIFICATE OF SERVICE I, Jennifer Heverly, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of Defendant's Affidavit of Consent, Defendant's Waiver of Notice, and the Praecipe to Transmit Record on Attorney for the Defendant, Robert L. O'Brien, Esquire of O'Brien, Baric, and Scherer, 17 West South Street, Carlisle, Pennsylvania 17013-3432, by depositing a copy of the same in the United States mail, postage prepaid, on this date. Date THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 FRANCES J. AUSTIN, Plaintiff DAVID L. AUSTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW · IN DIVORCE 'NO. 02-3195 CIVILTERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 5, 2002. 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 tree 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 David L. Austin, Defendant--"-"- FRANCES J. AUSTIN, Plaintiff DAVID L. AUSTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW : IN DIVORCE · NO. 02 ~ 3195 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 mc immediately after it is filed with the prothonotary. I veri~y 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. Da~ t avid L. AUstin, Defen"dam_ FRANCES J. AUSTIN, Plaintiff DAVID L. AUSTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW IN DIVORCE · NO. 02 - 3195 CIVIL TERM To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Please transmit the record, together with the following information, to the court for entry of a divorce decree: 2002. 2002. Date 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was made July 10, 2002 by certified mail, restricted delivery, return receipt requested. 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code by Plaintiff: October 16, 2002; by Defendant: October 17, 2002. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: October 25, Date Defendant's Waiver of Notice was filed with the Prothonotary: November 1, ennifer~everly ff_~ Certifie~ Legal Intern LOCY.J0~NStFON~WALSH Supervisin~Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 IN THE COURT OF COMMON PLEAS Frances J. Austin, Plaintiff VERSUS David L. Austin, Defendant CF CUMBERLAND COUNTY ST/: r,~ OF PENNA. N O. 2002 - 3195 AND NOW,__ DECREED THAT AND DECREE IN DIVORCE Frances J. Austin David L. Austin ,~~1, IT IS ORDERED AND __, PLAINTIFF, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS 3URISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. BY~f ATTEST:7~~ PROTHONOTARY