HomeMy WebLinkAbout00-00516
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
DAVID R SUMMERS,
STATE OF
PENNA.
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No.
2000-516 CIVIL TERM
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Plaintiff
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VERSUS
JAMIE H. SUMMERS,
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Defendant
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DECREE IN
DIVORCE
NOW, ~ 2.7 ,
200~ IT IS ORDERED AND
AND
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DAVID R SUMMERS
, PLAINTIFF,
DECREED THAT
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JAMIE H. SUMMERS
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AND
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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; None,
It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions
of a certain Marital Settlement Agreement between the parties dated December 17, 2003, are
incorporated, but not tiled ot record, III thiS Decree III Divorce by reterence as tully as It the same
were set forth herein at length. Said Agreement shall not merge with bu hall survive this
De
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PROTHONOTARY
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DAVID R. SUMMERS,
Plaintiff
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CNIL ACTION - LAW
IN DNORCE
v.
NO. 2000-516 CNIL TERM
JAMIE H. SUMMERS,
Defendant
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for entry of a divorce
decree:
2.
3.
4.
5.
Date:
I.
Ground for divorce: Irretrievable breakdown under g3301(c) ofthe Divorce Code,
Date and manner of service of the complaint: Service by certified mail on
February 1, 2000; Affidavit of Service filedFebruary 4,2003.
Date of execution of the affidavit of consent required by g330l (c) of the Divorce
Code: by plaintiff, December 6, 2003; by defendant, December 19, 2003.
Related claims pending: All claims resolved by Marital Settlement Agreement
dated December 17,2003,
Date plaintiffs Waiver of Notice in g330l(c) Divorce was filed with the prothonotary:
contemporaneously herewith; date defendant's Waiver of Notice in g330l( c) Divorce
was filed with the prothonotary: contemporaneously herewith,
/;\--11/if3 ~tffi~~
Darren J. Holst, Esqmre
HOWETT, KISSINGER & CONLEY, P,C.
130 Walnut Street
P. O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff David R. Summers
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130 WALNUT STREET
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DAVID R. SUMMERS,
Plaintiff
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NO. .~ CIVIL TERM
JAMIE H. SUMMERS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
Y.ou have been sued in c.ourt. If y.ou wish to defend against the claims set f.orth in the
f.oll.owing pages, you must take prompt action. You are warned that if y.ou fail t.o d.o sa, the case
may proceed without you and a decree .ofdiv.orce .or annulment may be entered against y.ou by
the c.ourt. A judgment may als.o be entered against y.ou far any .other claim.or relief requested in
these papers by the Plaintiff. Y.ou may lose m.oney .or property .or .other rights imp.ortant t.o you,
including cust.ody .or visitati.on .of y.our children.
When the gr.ound for div.orce is indignities .or irretrievable breakd.own .ofthe marriage,
you may request marriage c.ounseling. A list .of marriage c.ounsel.ors is available in the Office .of
the Proth.on.otary, Cumberland C.ounty C.ourth.ouse, 1 C.ourth.ouse Square, Carlisle, Pennsylvania
17013.
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 THISP APER 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 Ass.ociati.on
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court .of Comm.on Pleas of Cumberland C.ounty is required by law to comply with
the Americans with Disabilities Act.of 1990. For informati.on ab.out accessible facilities and
reas.onable acc.ommodati.ons available to disabled individuals having busiuess before the court,
please c.ontact .our .office. All arrangements must be made at least 72 h.ours prior to any hearing
or businessbef.ore the c.ourt. You must attend the scheduled c.onference .or hearing.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
DAVID R. SUMMERS,
Plaintiff
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NO. ~- .2WO.S7& CNIL TERM
JAMIE H. SUMMERS,
Defendant
CNIL ACTION - LAW
IN DNORCE
COMPLAINT IN DIVORCE
AND NOW comes Plaintiff, David R. Summers, by and through his counsel, Howett,
Kissinger & Conley, P.C., who states the following in support of the within Complaint:
1. Plaintiff is David R. Summers, an adult individual who currently resides at
109 Palm Lane, Lebanon, Lebanon County, Pennsylvania, 17042.
2, Defendant is Jamie H. Summers, an adult individual who currently resides
at 2207 Fenwick Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. Both the Plaintiff and the Defendant have been bona fide residents in the
Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding
the filing of this Complaint.
4. Plaintiff and Defendant were married on January 28, 1978 in Harrisburg,
Pennsylvania.
5. Neither Plaintiff nor Defendant is in the military or naval service of the
United States of its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of
the Congress of 1940 and its amendments.
6. There have been no prior actions for divorce or annulment of the marriage
instituted by either of the parties in this or any other jurisdiction.
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7. 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.
8, The marriage of the parties is irretrievably broken.
9. The parties have lived separate and apart since in or about June 20, 1999.
10. Plaintiff requests the court to enter a decree of divorce.
Respectfully submitted,
Date:
Donald T. Kissinger, Esquire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff
David R. Summers
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VERIFICATION
I, David R. Summers, hereby swear and affirm that the facts contained in the foregoing
Complaint in Diyorce are true and correct to the best of my knowledge, information and belief
and are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to
authorities,
Date:
/~A5-06
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David R. Summers
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
DAVID R. SUMMERS,
Plaintiff
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NO. 2000-516 CIVIL TERM
JAMIE H. SUMMERS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S AFJi'IDA VIT OF CONSENT
1. A complaint in divorce under 93301(c) of the Divorce Code was filed on
January 27,2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a fmal decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if! 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 ofthe decree will be sent to me innnediately after it is filed with the
prothonotary.
I verify that the statements made above are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
Date:
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David R. Summers, Plaintiff
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HOWETT,KlSSINGER & CONLEY, P.C.
130 WALNUT STREET
PO~T OFFICii: BOX 810
IlARRISBURG. PENNSYLVANIA 17108
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DAVID R SUMMERS,
Plaintiff
v.
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)
)
)
)
)
NO. 9IK- 2000-516 CIVIL TERM
JAMIE H. SUMMERS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under g3301(c) of the Divorce Code was filed on
January 27,2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service ofthe complaint.
3. I consent to the entry of a fmal decree in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
S3301(c) OF THE DIVORCE CODE
I. 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! 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 above are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn
falsification to authorities.
Date:J L -l Cj - 0.3
Fie H. Summers, Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DAVID R. SUMMERS,
Plaintiff
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NO. 2000-516 CIVIL TERM
JAMIE H. SUMMERS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
Donald T. Kissinger, being duly sworn according to law, deposes and says that he is an
attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the 3 1st
day of January, 2000, he sent the original ofthe attached letter, with which was enclosed a
certified, time-stamped copy of the Complaint in Divorce in the above-captioned matter, properly
endorsed, to the Defendant, Jamie H. Swnmers, by certified mail, postage prepaid, return receipt
requested, restricted delivery, pursuant to Pa.R.C.P, 1930.4, to 2207 Fenwick Avenue,
Mechanicsburg, PA, 17055, theDefendant's last known address, and that the return receipt card
which was signed by Jamie H. Swnmers, marked as having been delivered to her on February 1,
2000, is attached hereto and made a part hereof.
::.y~
Donald T. Kissinger, Esq
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P. O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Plaintiff
David R. Swnmers
SWORN TO AND SUBSCRIBED
before me this 3rd day of February, 2000.
NOTARIAL SEAL
, c ,~,QEBBA:MiSHIMP. Notary pubnc
Harrisblllg, Dauphin County, PA
,~M .,CQIl1 '_.tr.llS llu9.0c23. 2001
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LAw OFFICES OF
HOWETT, KISSINGER & CONLEY, P.e.
130 WALNUT STREET
POSTOFFlCE BOX 810
HA!wSBURG. PENNSYLVANL\ 17108
JOHN C. HOWETT
DONALD T~ KJSSINGER
CINDY S. CONLEY
-DEBRA M. SHIMP,
Legal Assistant
January 31, 2000
CERTIFIED MAIL NO. P170664889
RESTRICTED DELIVERY
RETURN RECEIPT REOUESTED
Ms, Jamie H. Summers
2207 Fenwick Avenue
Mechanicsburg, PA 17055
Re: Summers v. Summers
Dear Ms. Summers:
(717)234-2616
FAX (717) 234-5402
Enclosed for service upon you please find a Complaint in Divorce filed
on January 27, 2000 in the Cumberland County court,
Sincerely,
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Donald T. Kissinger
DTKJdms
Enclosure
cc: David R. Summers (w/encl)
o Complete items 1 andfor 2 for additional services,
Complete items 3, 48, and 4b. ~"
o Print your,name and address on the reverse of this form so that we can return this
card to Y9u.
iJ A.1\ath 1his 'form to the front of the ma\lp\ece, {)f 00 \he back. if spat:6 does rmt
permit.
o Write "Retum Receipt Requested' on the maUpiece below the article number.
IJ The Return Receipt will show to whom the article was delivered and the date
delivered.
3. Article Addressed to:
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LAW OFFICES OF
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HOWETT, KISSINGER& CONLEY, P.C.
130 WALNUT STREET
POST OFFICE BOX 810
HAIuuSBURG, PENNSYLVANIA 17108
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DAVID R. SUMMERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2000-516 CIVIL TERM
JAMIE H. SUMMERS,
Defendant
: 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 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, Cumberland County Court House, One Court
House Square, 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 COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR
ONE COURT HOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
DAVJ[D R. SUMMERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLV ANlA
v.
: NO. 2000-516 CML TERM
JAMIE H. SUMMERS,
Defendant
: CML ACTION - LAW
: IN DIVORCE
ANSWER AND COUNTER-CI.AIM
TO COMPI.AINT IN DIVORCE
AND NOW, comes the Defendant, Jamie H. Summers, by and through her
attorney, Diane S. Baker, Esquire, and files the following Answer and Counter-Claim to
Complaint in Divorce and avers as follows:
1. Neither admitted or denied. Defendant is without knowledge or
infonnation as to the Plaintiff s residence and to that extent the averment is denied. Proof
is demanded at trial.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. No response required.
8. Denied. It is denied that the marriage of the parties is irretrievably broken.
9. Admitted.
10. No response required.
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COUNTERCLAIM
COUNT I
Alimony Pendent Lite.
Attorney's Fees and Costs
11. Paragraphs 1 through 10 above are herein incorporated by reference.
12. By reason of this action, Defendant will be put to considerable expense in
the preparation of her case, in the employment of counsel and the payment of costs.
13. Defendant is without sufficient funds to support herself and to meet the
costs and expenses of this litigation and is unable to appropriately maintain herself during
the pendency of this action.
14, Defendant's income is not sufficient to provide for her reasonable needs
and pay her attorney's fees and costs of this litigation.
15. Plaintiff has adequate earnings to provide for the Defendant's support and
to pay her counsel fees, costs and expenses.
COUNT II
Alimony
16. Paragraphs 1 through 15 above are herein incorporated by reference.
17. Defendant lacks sufficient property and income to reasonably provide for
herself.
18. Defendant requires support to adequately and reasonably maintain herself.
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COUNT III
Equitable Distribution
19. Paragraphs 1 through 18 above are herein incorporated by reference.
20. The Plaintiff and Defendant are owners of various items of personal
property, furniture and household furnishings acquired during the marriage which are
subject to equitable distribution by the Court.
21. The Plaintiff and Defendant are owners of various motor vehicles acquired
during the marriage which are subject to equitable distribution by the Court.
22. The Plaintiff and Defendant singly or jointly have interests in various bank
accounts acquired during the marriage which are subject to equitable distribution by the
Court.
23. Plaintiff and Defendant own or have an interest in real estate which is
subject to equitable distribution by the Court.
24. The Plaintiff and the Defendant have acquired during the marriage other
marital property which is subject to equitable distribution by the Court.
'-,l;
WHEREFORE, Defendant requests the Court to enter a Decree:
DATE:
~q l On
(a) Denying Plaintiff's request for a divorce;
(b) Ordering the payment of alimony pendente lite, counsel fees and
costs;
(c) Ordering the payment of permanent alimony;
(d) Equitably distributing all marital property owned by the parties
hereto; and,
(e) Such further relief as the Court may determine equitable and just.
Respectfully submitted,
S. Baker, Esquire
Supreme Court ill #53200
27 South Arlene Street
Post Office Box 6443
Harrisburg, PA L7112-0443
(717) 671-9600
, .
DAVID R. SUMMERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2000-516 CIVIL TERM
JAMIE H. SUMMERS,
Defendant
: CML ACTION - LAW
: IN DIVORCE
VERIFICATION
I verify that the statements made in this Answer and Counterclaim 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.
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DAVID R. SUMMERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2000-516 CIVIL TERM
JAMIE H. SUMMERS,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIEICATE OF SERVICE
AND NOW, this ~ day of Fehfll(\('d ' 2000, I hereby certify
that I have this day served a copy of the foregoing Answer and Counterclaim in the
above-captioned matter, by First Class Mail on the following:
Donald T. Kissinger, Esquire
Howett, Kissinger & Conley, P.e.
130 Walnut Street
Post Office Box 810
Harrisburg, Pennsylvania 17108
Di liker, Esquire
upreme Court ill #5320 ,
27 South Arlene Street
Post Office Box 6443
Harrisburg, P A 17112-0443
(717) 671-9600
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DAVID R. SUMMERS,
Plaintiff
v.
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NO. 2000-516 CIVIL TERM
JAMIE H. SUMMERS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE
If you wish to deny any of the statements set forth in this Mfidavit, 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 &330Hd) OF THE DIVORCE CODE
L The parties to this action separated on June 20, 1999 and have continued to live
separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of property,
lawyers fees or expenses if! 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 made herein are subject to the penalties of 18 Pa.e.S.!l4904 relating to unsworn
falsification to authorities.
iJ~ s1!lb.tiff
Date: b/g y~OO/
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DAVID R. SUMMERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 2000-516
JAMIE H. SUMMERS,
Defendant
: CIVIL ACTION - DIVORCE
COUNTER-AFFIDAVIT UNDER SECTION
3301(c)or(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. X
(Check (i), (ii) or both):
(i) The parties to this action have not lived separate and apart for a period of at least
two years.
(ii) The marriage is not irretrievably broken. X
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, lawyer's fees or expenses if! do not claim them
before a divorce is granted.
(b) I wish to claim economic relief which may include alimony, division of property,
lawyer's fees or expenses or other important rights. X
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 Pa.C.S. Section
4904 relating to unsworn falsification to authorties.
Date: 1-11 ~ 0 I
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CERTIFICATE OF SERVICE
I hereby certify that on this l!t- day of July, 2001, a true and correct copy of the
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foregoing document was served on the following persons by United States Mail, postage prepaid,
addressed as follows:
Donald T. Kissinger, Esquire
Howett, Kissinger & Conley, P.C.
130 Walnut Street
Post Office Box 810
Harrisburg, Pennsylvania 171 08
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Respectfully submitted,
. e S.
Supreme Court ill #53200
27 South Arlene Street
P.O. Box 6443
Harrisburg, P A 17112-0443
(717) 671-9600
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANt{
David R. Summers CML ACTION - LAW
Plaintiff
VS.
NO. 2000-516
Jamie H. Summers
Defendant
IN DIVORCE
STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER"
AND NOW, this L ~day of t/l ~ , iOjt/, the parties, David R.
Su=ers, Plaintiff and Jamie H. Su=ers, Defendant, do hereby Agree and Stipulate as follows:
1. The Defendant, Jamie H. Summers (hereinafter referred to as "Member") is a member
of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred
to as "SERS").
2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code,
71 Pa. C.S. llll5101-5956 ("Retirement Code").
3. Member's date of birth is January 12, 1954, and her Social Security number is 179-44-
7679.
4. The Plaintiff, David R. Su=ers (hereinafter referred to as "Alternate Payee") is the
former spouse of Member. Alternate Payee's date of birth is October 14,1950, and his Social
Security number is 191-42-7796.
5. Member's last known mailing address is:
2207 Fenwick Avenue
Mechanicsburg, PA 17055
6. Alternate Payee's current mailing address is:
1520 Sholley Avenue
Lebanon,PA 17046
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It is the responsibility of Alternate Payee to keep a current mailing address on file with
SERS at all times.
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7. (a) The marital property component of Member's retirement benefit is equal to (1) the
coverture fraction multiplied by (2) the Member's retirement benefit on the effective date of
Member's retirement.
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(b) The coverture fraction is a fraction with a value less than or equal to one. The
numerator is the amount of Member's service, as defined by SERS, for the period of time from
January 28,1978, the date of marriage, to June 20,1999, the date of separation. The
denominator is the total amount of Member's service, as defined by SERS, on the effective date of
Member's retirement.
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(c) The portion of the marital property component of Member's retirement benefit to
be allocated to the Alternate Payee as his equitable distribution portion of this marital asset is
30%.
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8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by
SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the
disability portion of any disability annuities paid to Member by SERS as a result of a disability
which occurs before the Member's marriage to the Alternate Payee or after the date of the
Member and Alternate Payee's final separation. Member's retirement benefit does not include
any deferred compensation benefits paid to Member by SERS. The equitable distribution portion
of the marital property component of Member's retirement benefit, as set forth in Paragraph 7,
multiplied by a reduction factor (calculated to provide benefits actuarially equivalent to an
annuity starting at the Member's superannuation age) if payments commence to Member before
her superannuation age, shall be payable to Alternate Payee. Payments to Alternate Payee shall
commence as soon as administratively feasible on or about the date the Member actually enters
pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and
Agreement, whichever is later.
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9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent
of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death
benefits payable by SERS if the Member dies before her benefits co=ence. This nomination
shall become effective upon approval by the Secretary of the Retirement Board, or his authorized
representative, of any Domestic Relations Order incorporating this Stipulation and Agreement.
The balance of any death benefit remaining after the allocation of Alternate Payee's equitable
distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last
Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death.
(a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's
death (a) predates any approved Domestic Relations Order incorporating this Stipulation and
Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic
Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for
purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the
Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee
predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate.
(b) In addition, Member shall execute and deliver to Alternate Payee an
authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate
Payee all relevant information concerning Member's retirement account. Alternate Payee shall
deliver the authorization to SERS which will allow the Alternate Payee to check that he has been
and continues to be properly nominated under this paragraph.
10. The term and amounts of Member's retirement benefits payable after SERS approves a
Domestic Relations Order incorporating this Stipulation and Agreement and after the Member
files a retirement application shall be in accordance with Paragraphs 10(a), 10(b) and lO(c) as
follows:
(a) Member shall elect to receive, by lump sum, all of her accumulated deductions.
The portion of the accumulated deductions to be paid to the Alternate Payee shall
be 30% multiplied by the accumulated deductions on June 20, 1999, accumulated with interest at
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the statutory rate (currently 4% per annum) compounded annually from June 20, 1999, until the
effective date of Member's retirement.
(b) The excess of the present value of the equitable distribution portion of the
Member's retirement benefit (based upon a maximum single life annuity) assigned to the
Alternate Payee over the portion of the accumulated deductions paid to the Alternate Payee
(pursuant to Paragraph 10(a)) shall be used to provide the Alternate Payee with an annuity
payable to him as long as he lives. The Alternate Payee shall share in any scheduled or ad hoc
increases to the extent of his equitable distribution portion ofthe Member's benefit.
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(c) The excess ofthe present value of the Member's retirement benefit (based upon a
maximum single life annuity) over the present value ofthe equitable distribution portion of the
Member's benefit assigned to the Alternate Payee shall be used to provide the Member with an
annuity based upon the retirement option selected by the Member.
11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS
shall issue individual tax forms to Member and Alternate Payee for amounts paid to each.
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12. In the event of the death of Alternate Payee, any death benefit payable to Alternate
Payee by SERS by reason of the Member's death before the date benefits connence to her shall
revert to the Member.
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13. In no event shall Alternate Payee have greater benefits or rights other than those
which are available to Member. Alternate Payee is not entitled to any benefit not otherwise
provided by SEllS. The Alternate Payee is only entitled to the specific benefits offered by SERS as
provided in this Order. All other rights, privileges and options offered by SERS not granted to
Alternate Payee by this Order are preserved for Member.
14. It is specifically intended and agreed by the parties hereto that this Order:
(a) Does not require SERS to provide any type or form of benefit, or any option not
otherwise provided under the Retirement Code;
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(b) Does not require SERS to provide increased benefits (determined on the basis of
actuarial value) unless increased benefits are paid to Member based upon cost of living or
increases based on other than actuarial values.
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15. The parties intend and agree that the terms of this Stipulation and Agreement shall be
approved, adopted and entered as a Domestic Relations Order.
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16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain
jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and
Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations
Order; provided, however, that no such amendment shall require SERS to provide any type or
form of benefit, or any option not otherwise provided by SERS, and further provided that no such
amendment or right of the Court to so amend will invalidate this existing Order.
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17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations
Order and this Stipulation and Agreement and any attendant documents shall be served upon
SERS immediately, The Domestic Relations Order shall take effect immediately upon SERS
approval and SERS approval of any attendant documents and then shall remain in effect until
further Order of the Court.
WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation
and Agreement, do hereunto place their hands and seals.
DJ~C
Plaintiff/Alternate Payee
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efendant/Member
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
bA\I\t:l P,. SLl.MMt:rS
Plaintiff
Vs
:S-P,V\A.\.e I-t Su jU...... '<" d S
, Defendant
FileNo,
OD-5/&
IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff / defendant in the above matter,
[select one by marking "x"]
_ prior to the entry of a Final Decree in Divorce,
or ~ after the entry of a Final Decree in Divorce dated 12 - Z 3 '2..09.3.
hereby elects to resume the prior surname of ~ k n 50 ('\ , and gives this
written notice avowing his / ~intention pursuant to the provisions of 54 P.S. 704.
Date: 5-\2-05 , ~ 'N .~
U Signature
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Signature of
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF th Yl1,b )
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On the 12- day of~' , 200 ~ before me, the Prothonotary or the
notary public, personally ap~ above affiant lmown to me to be the person whose
name is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
NOTARIAl SEAL
PROTHONOTARY. NOTARY PUBUC
~COMCMUMBERLAND, COUNlY COURT HOUSE
M f ISSION EXPIRES JANUARY 2; 2006
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