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HomeMy WebLinkAbout02-3802JAMES L. TURNER, Plaintiff KAREN E. TURNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- .a~o ~- CIVIL TERM : : CIVIL ACTION - LAW : 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 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 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 (717) 249-3166 JAMES L. TURNER, Plaintiff KAREN E. TURNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002- CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, James L. Turner, through his attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, James L. Turner, is an adult individual who currently resides at 136 East Chapel Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Karen E. Tumer, is an adult individual who currently resides at 100 Mill Road, Apartment 1, Newville, Cumberland County, Pennsylvania 17241. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on July 4, 1998 in Centerville, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, James L. Turner, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. Date: AUG O ? 2002 Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - F^x VERIFICATION 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 unsworn falsification to authorities. S L. TURNER, Plaintiff JAMES L. TURNER, Plaintiff KAREN E. TURNER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-3802 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 21st day of August 2002, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, James L. Turner, and states that he had cause to be mailed a certified copy of a Complaint in Divorce to the Defendant, Karen E. Turner, by certified, restricted delivery, return- receipt requested. A copy of said receipt is attached hereto indicating service was made on August 19, 2002. submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX Ce~ Fee (Engagement Required) · 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: 100 MILL ROAD, APT. 1 NEWVILLE, PA 17241 r-i Agent l C. Date of Delivery ~ ~r ~c. 1 9.007 D. Is delivery address dKn'erent from item 1 ? [] Yes 'i If YES, enter delivery address below: 3. Service Ty~"-- [] Registered [] Insured Mail 4. Restricted Delivery? (Extra Fee) ~ · - 2. Article Number ~['Yes (rren~fromservic,/.~?~00 1670 0001 8796 3593 PS Form 3811, Augus-us ~1 Domestic Return Receipt JAMES L. TURNER, Plaintiff Vo KAREN E. TURNER, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-3802 CIVIL TERM · CIVIL ACTION - LAW · IN DIVORCE AFFIDAVIT OF CONSENT 7, 2002· A complaint in divorce under §3301(c) of the Divorce Code was filed on Augnst 2. The marriage of the 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 subj~ e o~n~~~ the penalties of 1~ a.C.S. ~ 4909 relating to unsworn falsification to authorities. Date: J ~- JAMES7 URNER, Pld~ntiff OF INTENTION TO REQI~ ENTRY OF A DIVORCE .... DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree in Divorce without notice· 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is emered by the Court and a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. s.eosmementsherein are made subject penalti( sTa~on to authorities. ~/~ to the I verify that the statemems made in this affidavit ar, tree and correct. I understand that O unsworn ~. ~R, Plaintiff JAMES L. TURNER, Plaintiff KAREN E. TURNER, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002-3802 CIVIL TERM · CIVIL ACTION - LAW · IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on August 7, 2002. 2. The marriage of the 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. § 4909 relating to unsworn falsification to authorities. KAREN E. TURNER, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE · --- DECREE UNDER ~3~301(c) OF THE DIVORCE CODE 1. I consem to the entry of a Final Decree in Divorce without notice· 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not c/aim 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 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. § 4909 relating to unsworn falsification to authorities. JAMES L. TURNER, Plaintiff Vo KAREN E. TURNER, Defendant PRAECIPE TO : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 2002-3802 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE 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. (Strike out inapplicable section). 2. Date and manner of service of the Complaint. Service was made on August 19, 2002 by certified mail, restricted delivery to Defendant, Karen E. Turner. 3. (Complete either paragraph (a), or (b).) (a) Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by the Plaintiff: January 8, 2003; by the Defendant: Jmauary 1, 2003. (b) (1) Date of execution of the Plaintiff's Affidavit required by § 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: none Date: January 24, 2003 5. (Complete either (a) or (b); (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and a copy of which is attached: (b) Date of execution of the Waiver of Notice of Intention to File Divorce Decree as required by § 3301(c) of the Divorce Code: by the Plaintiff: January 8, 2003; by the Defendant: January 1, 2003. "--Thomas S. Diehl, l~q~re Attorney for Plaintiff IN THE cOUrt Of COMMON PLEAS Of CUMBERLAND COUNTY STATE OF ~~~,~ Plaintiff N o. IPEN NA. VERSUS Defendant AND NOW,__ DECREED THAT DECree IN DIVORCE JAMES L. TURNER it IS ORDERED AND I, PLAINTIFF, AND KAREN E. TURNER , 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; ATTEST:~~ Jo PROTHONOTARY