HomeMy WebLinkAbout03-0575
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER D. NOPHSKER,
Plaintiff
v.
0<- 575
: NO. .../
JEFFREY J. NOPHSKER,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
NOTICE
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 at the II County
Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES
OR EXPENSES BEFORE THE FINAL DECREE OF 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 ASSOCIA nON
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLANDCOUNTY, PENNSYL VANIA
JENNIFER D. NOPHSKER,
Plaintiff
v.
--- ----
: NO. 0:3 - .s 7-i
JEFFREY J. NOPHSKER,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
COMPLAINT
AND NOW, this-7~day of k \o;-U.illj ,20.03.., comes the Plaintiff, JENNIFER
D. NOPHSKER by her attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce
of which the following is a statement:
COUNT I
DIVORCE
1. The Plaintiff is Jennifer D. Nophsker, an adult individual who currently resides 2904 Chesterbrook
Court, #404, Camp Hill, Cumberland County, PA 17011 since April 12, 2002 .
2. The Defendant is Jeffrey 1. Nophsker, an adult individual residing at 1249 Rossmoyne Road,
Mechanicsburg, Cumberland County, PA 17055 since the Spring of 1997.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6)
months previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on May 27, 2000 at Mechanicsburg, Cumberland County,
Pennsylvania.
-1-
5. There have been no prior actions of divorce or annulment between the parties.
6. Plaintiffhas 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.
7. Plaintiff avers that the grounds on which the action is based are:
a. Section 3301(c) Mutual Consent No-Fault: The marriage is irretrievably broken;
b. Section 330Hd) Non-Consent No-Fault: The marriage is irretrievably broken and the
parties are now living separate and apart. Once the parties have lived separate and apart for
a period of two years, PlaintiffwiII submit an Affidavit alleging that the parties have lived
separate and apart for at least two (2) years and that the marriage is irretrievably broken.
8. Plaintiff requests the Court to enter a decree of divorce.
9. Defendant is not a member of the Armed Services of the United States or any of its Allies.
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the
Plaintiff and Defendant.
Respectfully submitted,
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Camp Hill, PA 1701 I
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 321 12
Attorney for Plaintiff
-2-
VERIFICATION
Jennifer D. Nophsker verifies that the statements made in this Complaint are true and correct.
Jennifer D. Nophsker understands that false statements herein are made subject to the penalties of18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Date:
-3-
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER D. NOPHSKER,
Plaintiff
v.
: NO. 03-575 CIVIL TERM
JEFFREY J. NOPHSKER,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
CERTIFICATE OF SER'VICE
I hereby certify that I, Diane G. Radcliff, Esquire, served a true and correct copy of
the Complaint in Divorce upon the following named Defendant addressed as follows by
Certified Mail, Restricted Delivery on the 15th day of FebIUary 2003, the return receipt for
which mailing is attached hereto as Exhibit "A" and made a part hereof:
Jeffrey J. Nophsker
1249 Rossmoyne Road
Mechanicsburg, PA 17055
Respectfully submitted,
~~l
448 Trin Road
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court lD # 32112
Attorney for Plaintiff
. 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:
!~O/ J NO(Jh 5& yo
I '-19 ROS5rno~ne Rd.
'chln(~IauYj P A- '''lOSS-
3. ~ice Type
~rtified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) Xves
2. Article Number (Copy from service label) 7/0 ,/
7oq9 ..3 r/ () ~ 000.3 7'
PS Form 3811, July 1999 Domestic Return Receipt
~~'~/
102595-99-M-1789
EXHIBIT "A"
CERTIFIED MAIL RETURN RECEIPT CARD
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER D. NOPHSTER,
Plaintiff
NO. 03-575
V.
CIVIL ACTION - LAW
IN DIVORCE
JEFFREY J. NOPHSKER,
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on February 6, 2003.
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 in 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. Section 4904 relating to unsworn
falsification to authorities.
Dated: 3/g/b3
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER D. NOPHSTER,
Plaintiff
V.
NO. 03-575
CIVIL ACTION - LAW
IN DIVORCE
JEFFREY J. NOPHSKER,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 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 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 this Waiver are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification
Dated: 5/~I} U3
to authorities.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER D. NOPHSKER,
Plaintiff
NO. 03-575
V.
CIVIL ACTION - LAW
IN DIVORCE
JEFFREY J. NOPHSKER,
Defendant
IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS
AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS
AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS
WILL BE ADMITTED.
AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE
I. The parties to this action separated on April 12, 2002 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, lawyer's
fees or expenses in 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 herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsifications to au rities. 1
Date: 1!ff1/ULf
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
tf:;t ORIGINAL
JENNIFER D. NOPHSKER,
Plaintiff
v.
: NO. 03-575 CIVIL TERM
JEFFREY J. NOPHSKER,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
AFFIDAVIT OF SERVICE
I, the undersigned, being duly sworn/affirmed according to law, deposes and says:
I. I am over 18 years of age and am not related to either party to this action.
2. I served a true and correct copy of the 3301(d) Affidavit, upon the Defendant, Jeffrey J. Nophsker,
on &> ' ). - (!:> r by the manner checked below:
[, a.
[ ]
[ ]
Handing a copy to Defendant at
lJ1/cf,~nlcJd"A-s
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Pi
gos.r!H o 'IN ,. 'l-o"p.,f)
.
b.
Handing a copy to ._, an adult member of the family with whom
the Defendant resides at Defendant's residence located at
, or if that person is not a member of Defendant's
family, then said person is the adult person in charge of Defendant's said residence;
c.
Handing a copy to , at
said person being the Defendant's agent or to the person for the time being in charge of
Defondant'<offjce 0'_,] pl~, Ofbu~J~ . .
(Sigru<ru#
(~vt.. ,4;t.O Jd~,:/z~
(Printed name)
NOTARIAL SEAL
SUZANNE M. DEOERER, Notary Public
Camp Hill Boro, Cumberland County
My Commission Expires Aug. 20, 2005
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER D. NOPHSKER,
Plaintiff
v.
: NO. 03-575 CNIL TERM
JEFFREY J. NOPHSKER,
Defendant
: CNIL ACTION - LAW
: DNORCE
CERTIFICATE OF SERVICE
I hereby certify that I, Diane G. Radcliff, Esquire, served a true and correct copy of
the Notice ofIntentto Entry on 30 1 (d) Divorce Decree and 3301 (d) Counter-Affidavit upon
the following named Defendant addressed as follows by Certified Mail, Restricted Delivery
on the 30th day of June, 2004, the return receipt for whkh mailing is attached hereto as
Exhibit "A" and made a part hereof:
Jeffrey J. Nophsker
1249 Rossmoyne Road
Mechanicsburg, P A 17055
Respectfully submitted,
~ II
;------:,
DCLlFF, ESQUl
448 Trindle lad
Cam 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Plaintiff
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
50 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:
T~~"I tJ6~~
\~49 ~CS~lY'l)il\lL ~Pd
('(\e...~nl\('\.<~\N~j ~ IlD5S
:"pe /
. . ~~zt.a Express Mail
o Registered 0 Return Receipt for Merchandise
o Insure,j Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) ~ Yes
2. Article Number (Copy from service label)
1ll"\<=t ~400 COn -:>, '1loit 4:;?/ ~
Domestic Return Receipt 102595-99-M-1789
PS Form 3811, July 1999
EXHIBIT "A"
CERTIFIED MAIL RETURN RECEIPT CARD
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JENNIFER D. NOPHSKER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
JEFFREY 1. NOPHSKER,
Defendant
: NO. 03-575 CIVIL TERM
: CIVIL ACTION - LA W
: DIVORCE
'1'0 'l'HE PROTHONOTARY:
PRAECIPB OF TRANSMIT RBCORD
Transmit the record, together with the following information, to the COurt for
entry of a divorce decree:
1. GROllND FOR DlVORCB:
Irretrievable breakdown under Section 3301(d) of the Divorce Code.
2.
DATB
a.
b.
c.
OF FILING AND HAmmR OF SBRVICE OF 'l'HE COMPLAINT:
Date of filinq of Comolaint: February 6, 2003
Manner of service of Comolaint: Certified Mail, Restricted Delivery
Date of Service of Comolaint: February IS, 2003
3. DATB OF BXBCUTION OF THB AFFIDAVIT OF CONSBNT REQUIRED BY SBCTION 3301 (C) OF
THE DlVORCB CODE:
a. Plaintiff: N/A
b. Defendant: N/A
.QR
DATE OF BXECUTION OF THB PLAINTIFF'S AFFIDAVIT RBQUIRED BY SBCTION 3301(0) OF
'l'HE DIVORCB CODB AND DATB OF SBRVICE OF THB PLAINTIFF'S 3301 (D) AFFIDAVIT UPON
THE DBFBNDANT:
a. Date of Execution:
b. Date of Filing:
c. Date of Service:
April 29, 2004
May 6, 2004
June 2, 2004
4. RBLATBD CLAIMS PBNDING:
No issues have been raised in this case, and there are no issues outstanding.
5 . DATB AND HAmmR OF SBRVICB OF 'l'HE NOTICB OF INTENTION TO FILB PRAECIPE TO
TRANSMIT RBCORD, A COpy OF WHICH IS ATTACHBD, IF 'l'HE DBCREE IS TO BB BNTBRBD
llNDBR SBCTION 3301(0) (1) (I) OF THE DlVORCB CODB:
a. Date of Service: June 30, 2004
b. Manner of Service: Certified Mail, Restricted Delivery
OR
DATE WAIVER OF NOTICB IN SBCTION 3301 (C) DIVORCB WAS FILBD WITH THB
PROTHONOTARY,
a. Plaintiff's Waiver: N/A
b. Defendant's Waiver: N/A
CLIFF, ESQUIRE
Tri Ie Road
Camp 111, PA 17011
Supreme COurt ID # 32112
Phone: (717) 737-0100
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
JENNIFER D. NOPHSKER,
Plaintiff
v.
. NO. 03-575 CIVIL TERM
JEFFREY 1. NOPHSKER,
Defendant
: CIVIL ACTION - LA W
: DIVORCE
NOTICE OF INTENTION TO RE VEST ENTRY OF 3301 d DIVORCE DECREE
TO: JEFFREY1.NOPHSKER,DEFENDANT
You have been sued in an action for diVorce. You have failed to answer the complaint or file a
Counter-affidavit to the 330 I (d) affidavir. Therefore, on or after July 14, 2004, the other party can request
the COurt to enter a final decree in divorce.
If you do not file with the Prothonotary of the court an answer with your signature notarized or
verified or a COunter-affidavit by the above date, the court can enter a final decree in divorce. A COunter-
affidavit which you may file with the Prothonotary of the court is attached to this notice.
Unless you have already filed with the court a written claim for economic relief, you must do so by
the above date or the court may grant the divorce and you will lose forever the right to ask for economic
relief. A COUNTER-AFFIDA VIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE
COURT IS A TT ACHED TO THIS NOTICE. The filing of the form counter-affidavit alone does not
protect your economic claims.
You SHOULD TAKE THIS PAPER TO YOVRLAWYER AT ONCE. IF YOU DO NOT
HA VE A LA WYER 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 A VENUE
CARLISLE, P A 17013
, (717)249_~
D DCLIFF, ESQUIRE
34 Road
Camp Hill, P A 170 II
Supreme Court ID # 32112
Attorney for Plaintiff
JENNIFER D. NOPHSKER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 03-575 CIVIL TERM
JEFFREY 1. NOPHSKER,
Defendant
: CIVIL ACTION - LA W
: DIVORCE
COUNTER-AFFIDA VIT UNDER SECTION 330Hd}
0.1' THE DIVORCE CODE
,. Check either (a) or (b):
[J (a) I do not oppose the entry ofa divorce decree.
[ J (b) I oppose the entry ofa divorce decree because
Check (i), (ii) or both:
[J
[J
(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.
2. Check either (a) or (b):
[ J (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 in do not
claim them before a divorce is granted.
[J (b) I wish to claim economic relief which may include alimony, division of property ,
lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic claims with
the Prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on
the Notice oflntention to Request Divorce Decree, the divorce decree may be entered without further delay.
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 authorities.
Date:
JEFFREY J. NOPHSKER, DEFENDANT
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND
YOU DO NOT WISH ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS
COUNTER-AFFIDA VIT.
JENNIFER D. NOPHSKER.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
JEFFREY J. NOPHSKER,
Defendant
: NO. 03-575 CIVIL TERM
: CIVIL ACTION - LA W
: DIVORCE
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CERTIFICATE OF SERVICE
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I hereby certity that I, Diane G. Radcliff, Esquire, served a true and correct copy of
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the Notice ofIntentto Entryof3301 (d) Divorce Decree and 3301 (d) Counter-Affidavit upon
the following named Defendant addressed as follows by Certified Mail, Restricted Delivery
on the 30'h day of June, 2004, the retum receipt for which mailing is attached hereto as
Exhibit "A" and made a part hereof;
Jeffrey J. Nophsker
1249 Rossmoyne Road
Mechanicsburg, PA 17055
Respectfully submitted,
I
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DCLIFF, ESQUI I
ad
Carn 17011
Phone: (717) 737-0/00
Fax; (717) 975-0697
Supreme Court ID # 32112
Attomey for Plaintiff
Te.q'~ J. k)o~~
1~49 ~as~jh~~ ~Pd
rn~c:.nA.I'IC:~~~j ~ flDSS
· Complete items 1, 2. snd 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 1'0;
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2. Arliele Number (Copy from sefVtCe label)
pe ."
if ~r' ".U EJeP1'e8s Mail
o Registered 0 Return Receipl for Merchandise '
o InSllred Mall 0 C.O.D.
4. AeSllicted DeliV8ly? (Extra Fee) ~ Yes
PS Form 3811, July 1999
102595.99.M"7B9
EXHIBIT "A"
CERTIFIED MAIL RETURN RECEIPT CARD
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
JENNIFER D. NOPHSKER,
Plaintiff
VERSUS
JEFFREY J. NOPHSKER,
Defendant
AND NOW,
PEN NA.
No. 03-575 CIVIL TERM
DECREE IN
DIVORCE
1'-1
.:t?S
,2004
IT IS ORDERED AND
DECREED THAT
JENNIFER D. NOPHSKER
, PLAINTIFF,
AND
JEFFREY J. NOPHSKER
, 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;
.
No issues have been raised in this case, and no issues are outstanding.
.
J.
ROTHONOTARY
.
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IN THE COURT OF COMMON PLEAS OF CUMlBERLAND COUNTY,
PENNSYL VANIA
11lmfer D NO/JhsW
. Plaintiff
Vs
.]iffrfj J~ N()phSUr
Defendant
File No.
05- 575 (11///1&11t
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 L after the entry of a Final Decree in Divor<~e dated 1u1~ 7-7, 7JXJ r/,
hereby elects to resume the prior surname of ....Ad a 0 Gr.e (I (1V" , and gives this
written notice avowing his / her intention pursuant to the pr~l'is~,1J 54 r;s. 704.
Date:~ ';! /~m
Signature
COMMONWE.~fTHOFP. ENNSYLVANIA )
COUNTY OF ~tlAA~
On the ---kl- day of , 200S::: before me, the Prothonotary or the
notary public, personally appear the above affiant known 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
PIl0lHONOTARY. NOTARY PUBU&
C.All.ISlE CUMB8llAND COUNlY COURT HOUSE
MY COMMISSION EXPIRES JANUARY 2. 2Oll6
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