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HomeMy WebLinkAbout02-5036Deborah L. Warner, Plaintiff Chris E. Warner, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-~z"~, 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 will proceed without you and a decree in divorce or annulment may 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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, PA 17013 (717) 249-3166 Deborah L. Warner, Plaintiff Chris E. Warner, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02- ...,,z",~ :~G CIVIL TERM : CIVIL ACTION - LAW : iN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Deborah L. Warner, an adult individual, currently residing at 123 Meals Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Chris E. Warner, an adult individual, currently residing at 1114 East Karen Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on October 1, 1990 in York County, Pennsylvania. 5. There was previously a Divorce Complaint filed August 9, 2000 in Cumberland County at Docket No. 00-5533 Civil Term, by the Plaintiff against the Defendant; however, that had been withdrawn May 1, 2001. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Deborah L. Warner CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Divorce Complaint upon Chris E. Warner, by depositing same in the United States Mail, first class, postage pre-paid and Certified Return Receipt Requested Mail on the ~/;;~f¢,~ day of ~.,Jl~.~r' , 2002, from Carlisle, Pennsylvania, addressed as follows: Chris E. Warner 1114 East Karen Drive Carlisle, PA 17013 TURO LAW OFFICES Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Deborah L. Warner, Plaintiff Chris E. Warner, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5036 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of Divorce Complaint filed in the above captioned case upon Chris E. Warner, by certified mail return receipt requested on October 17, 2002 addressed to: Chris E. Warner 1114 Karen Drive Carlisle, PA 17013 and did thereafter receive same as evidenced by the attached Post Office receipt card dated October 29, 2002. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date TURO LAW OFFICES G~l~n R. Waltz, Esquir~,~ 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Postage PM =[] Certified Fee nj Return Receipt Fee 13- (Endorsement Required) r--i Restricted Delivery Fee f--I (Endorsement Required) i, Postmark Here Street, Apt. NO.; r-~ SENDER: I~)l Y. . Complete items 3, 4a, and 4b. [] Pdnt your name and address on the reverse of this form so that we can return this card to you. [] Attach this form to the front of the mailpiece, or on the back if space does not [] Write 'Return Receipt Requested" on the mailp~eoe below the article number. [] The Return Receipt will show to whom the article was delivered and the date delivered. I atso wish to receive the foaow- ing sewtces (for an extra fee): 1. [] Addressee's Address 2~Restricted Delivery 'o 3. Article Addressed to: ~ 6. Sigfi~ure(~ddre~eeorAgenO- ~ PS Form ~11, ~ 1~ J4b. S~yp~ [] Registered I-I Express Mail ~etum Receipt for Memhandise DCOD 7. Date of D?el~ / 8. Addressee's Address (O~ly if requested and fee is paid) 102595-99-B-0223 DoI33e~t~c Return Receipt Deborah L. Warner, Plaintiff Chris E. Warner, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5036 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed October 17. 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. Date Chris E. Wamer Deborah L. Warner, Plaintiff Chris E. Warner, Defendant : IN THE-' COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5036 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE .WAIVER OF INTENTION TO REQUEST .ENTRY OF A DIVORCE DECREE UNDE~ ~ 3301(c) OF THE DIVORCE CODF 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 me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. Date Chris E. Warner Deborah L. Warner, Plaintiff Chris E. Warner, Defendant : IN THIF COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5036 CIVIL TERM : CIVIL ACTION - LAW :IN DIVC)RCE .,AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divome Code was filed on October 17, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE iN THE FOREGOING 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. Date/' /-- Deborah L. Warner, Plaintiff Chris E. Warner, Defendant : IN THE! COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5036 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE .PRAECIPE TO TRANSMIT RECORI3 TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entr of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under § (3301(c)) of th~ Divorce Code. 2. Date and manner of service of the complaint: Certified, Return Recei delivered October 29, 2003 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code. By Plaintiff: November 25, 2003 4. Related claims pending: None. Date the Waiver of Notice in §3301(c) divorce was filed with Prothonotary: By Plaintiff: November 25, 2003 By Defendant: November 9, 2003 · ialtz, Esquir~,~ Attorney for Plainti~ By Defendant: November 9, 2003 the IN THE COURT Of COiVlMON PLEAS Of CUMBERLAND COUNTY STATE Of ~,~,~,~ PENNA. Deborah L. Warner Plaintiff VERSUS Chris E. Warner Defendant AND NOW, DECREED THAT AND DECREE IN DIVORCE Deborah L. Warner N o. 02 5036 Chris E. Warner ARE DIVORCED FROM THE BONDS Of MATRIMONY. , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 2003 THE COURT RETAINS JURISDiCTiON OF The FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACT[ON FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None BY THE COURT: //~ /~/ ATT E ST(~/~~ p R oT~:N OTA 5' + + ++ + + + + + + + +++++++++ + F ++ + + + + + DEBORAH L. WARNER, Plaintiff CHRIS E. WARNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5036 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR THE ENTRY OF A QUALIFIED DOMESTIC RELATIONS ORDER The parties, Deborah L. Warner, hereinafter "Alternate Payee" and Chris E. Warner, hereinafter "Participant", do hereby stipulate as follows: 1. Chris E. Warner, social security number 173-52-8236, hereinafter referred to as "Participant" is a participant in the retirement plan described below (hereinafter referred to as "Plan.") 2. The current and last known mailing address of Participant is 35 Inglenook Road, Halifax, Pennsylvania, 17032. 3. Deborah L. Warner, born February 5, 1961, social security number 168- 56-4238, is the spouse of the Participant and has raised claims for, inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S.A. section 3101, et. seq. 4. The current and last known mailing address of Alternate Payee is 404 Sixth Street, P.O. Box 248, Summerdale, Pennsylvania, 17093. 5. This Order applies to the following plan: "Roadlink USA, Inc. 401(k) Retirement Plan." 6. A portion of the Participant's account in the Plan is marital property subject to equitable distribution by this Court. 7. Pursuant to an agreement of the parties, Alternate Payee shall receive the lump sum of Six Thousand Two-hundred Ninety-one ($6,291.00) Dollars from Participant's account. The form of benefit shall be a lump sum payment. 8, The distribution to Alternate Payee from the Plan shall be made as soon as administratively possible following the Plan's determination that this Order is a Qualified Domestic Relations Order. 9. Participant's death shall have no effect on payment of Alternate Payee's benefit under the Plan. The Alternate Payee is at all times to be deemed the surviving spouse for purposes of the Pre-retirement Survivor Annuity until this Order effectively assigns the funds to Alternate Payee as identified in paragraph seven above. 10. In the event Alternate Payee dies before the Alternate Payee's benefit is paid, the benefit shall be paid in accordance with applicable Plan provision regarding payments to beneficiaries, including payments when no beneficiary is designated. The Alternate Payee shall be entitled to name a beneficiary (or beneficiaries) to receive the unpaid balance of the benefits. The death of Alternate Payee before the Plan determines that this Order is a Qualified Domestic Relations Order shall not affect the right of Alternate Payee's beneficiary to benefits from the Plan. 11. The parties shall promptly notify the Plan of any change in their addresses from those set forth in this Order. APPROVED FOR ENTRY: Deborah L. Warner ~ ~ I/~/o3 Chris E. Warner AND NOW, this O.~_'"day of~, 2003, the foregoing Stipulation for entry of a Qualified Domestic Relations Order is hereby adopted as an Order of Court.