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HomeMy WebLinkAbout03-1312MARK D. YINGER, Plaintiff VS, SHARON L. YINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTE You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 in 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 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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 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 Telephone: (717) 249-3166 MARK D. YINGER, Plaintiff VS, SHARON L. YINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELIN(" TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. MARK D. YINGER, ) Plaintiff ) ) ) ) ) SHARON L. YINGER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCF AND NOW comes the above-named Plaintiff, MARK D. ¥1NGER, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is MARK D. ¥1NGER, an adult individual who currently resides at 130 West Portland Street in Mechanicsburg, Cumberland County, Pennsy;vania. 2. The Defendant is SHARON L. YINGER, an adult individual who currently resides at 4 Elm Street in Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 25 September 1982 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I -- IRRETRIEVABLE BREAKDOWI~! 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 II VERIFICATIO~N I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities), DIVORCE INFORMATION SHEET PURSUANT TO ACT 2001-82, VITAL STATISTIC FORMS ARE NOT REQUIRED BY THE STATE EFFECTIVE JANUARY 1, 2002. THE PROTHONOTARY IS REQUESTING THIS INFORMATION 1N LIEU OF THE VITAL STATISTICS FORM. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DOCKET NUMBER: DATE OF MARRIAGE: 25 September 1982 COUNTY CUMBERLAND COMMONWEALTH OF PENNSYLVANIA DEPOARTMENT OF HEALTH VITAL RECORDS RECORD OF DIVORCE State File Number State File Date HUSBAND NAME FIRST MIDDLE LAST DATE MONTH DAY YEAR OF MARK D. YINGER BIRTH APRIL 16 1959 RESIDENCE STREET OR R.D. CITY, BORO. OR TWP. COUNTY STATE PLACE (STATE OR FOREIGN COUNTRY) OF 130 WEST PORTLAND STEET MECHANICSBURG CUMBERLAND PA BIRTH Pennsylvania NUMBER RACE USUSAL OCCUPATION OF Tins WHITE BLACK OTHER (SPECIFY) I MARRIAGE 1 xx Laborer WIFE VlAIDEN NAME FIRST MIDDLE LAST DATE MONTH DAY YEAR OF NICHOLSON SHARON L. YINGER BIRTH APRIL 20 1962 RESIDENCE STREET OR R.D. CITY, BORO. OR TWP. COUNTY STATE PLACE (STATE OR FOREIGN COUNTRY) OF 4 ELM STREET MECHANICSBURG CUMBERLAND PA BIRTH Pennsylvania NUMBER RACE USUSAL OCCUPATION OF THIS WHITE BLACK OTHER (SPECIFY) MARRIAGE 1 XX Supervisor (STATE OR FOREIGN COUNTRY) PLACE OF COUNTY THIS dARRIAGE CUMBERLAND PENNSYLVANIA I NUMBER OF [ NUMBER OF DEPENDENT CHILDREN THIS 3 I CHILDREN UNDER 18 MARRIAGE HUSBAND WIFE SPLIT CUSTODY OTHER (SPECIFY) NUMBER OF CHILDREN TO CUSTODY OF DATE OF MONTH DAY YEAR THIS MARRIAGE SEPTEMBER 25 1982 I PLAINTIFF I DECREE GRANTED TO HUSBAND WIFE ] HUSBAND WIFE LEGAL GROUNDS FOR DIVORCE OR ANNULMENT 3301 (D) DIVORCE CODE DATE OF DECREE MONTH DAY YEAR DATE REPORT SENT MONTH DAY YEAR TO VITAL RECORDS SIGNATURE OF TRANSCRIBING CLERK MARK D. YINGER SHARON L. YINGER 179-52-7897 190-58-9251 MARK D. YINGER, PLAINTIFF VS, SHARON L. YINGER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 03-1312 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, SHARON L. YINGER, hereby accept service of the original Complaint in Divorce and acknowledge receipt of a copy of the Complaint. Date: TAMMY MARIE MYERS, Plaintiff Vo BRIAN LEE KERSTETTER, Defendant · IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-1349 CIVIL TERM · PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE Plaintiff, Tammy Marie Myers, through MidPenn Legal Services, by Margaret M. Simok, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on March 28, 2003, scheduling a hearing for April 4, 2003. 2. The Cumberland County Sheriffs Department has served the Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse. 3. The parties have decided to resolve their differences by mutual agreement. 4. The parties, by and through their counsel, request that the hearing be rescheduled allowing the parties time to reach mutual agreement. 5. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect through September 27, 2004, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion! and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect through September 27, 2004, or until further Order of Court, whichever comes first. Date: By: Respectfully submitted, MIDPENN LEGAL SERVICES Margaret ~I. Simok, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 717-243-9400 TAMMY MARIE MYERS, Plaintiff BRIAN LEE KERSTETTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-1349 CIVIL TERM : : PROTECTION FROM ABUSE AND CUSTODY ORDER FOR CONTINUANCE AND NOW, this ~{ ,~ day of April 2003, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on April 4, 2003, by this Court's Order of March 28, 2003, is hereby rescheduled for hearing on ()~ ,~ ,,2003 , at -7 //,'/~.m. in Courtroom No. 1 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection From Abuse Order shall remain in effect through September 27, 2004, or until further Order of Court, whichever comes first. By the Court, J. ~fe{;l'E'y Oler, Judgi~- '""' - l Margaret M. Simok, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Nathan C. Wolf, Attorney for Defendant Suite 201 & 202 35 East High Street Carlisle, PA 17013 MARK D. YINGER, Plaintiff VS, SHARON L. YINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1312 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 26 March 2003 and served upon the Defendant on or about 4 April 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming [inal. I verify that the statements made in this Affidavit are true and correct and 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. 7 July 2003 V1ARK D. YINGER, Plaintiff VS, SHARON L. YINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1312 CIVIL TERM IN DIVORCE 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 '.ourt and that a copy of the decree will be sent to me immediately after it is filed with the ~rothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 7 July 2003 SHARON L. YINGER ~/ (J MARK D. YINGER, Plaintiff VS. SHARON L. YINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1312 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 26 March 2003 and served upon the Defendant on or about 4 April 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming [inal. I verify that the statements made in this Affidavit are true and correct and 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. July 2003 MARK D. YINGER, Plaintiff VS. SHARON L. YINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1312 CIVIL TERM IN DIVORCE 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 hat false statements herein are subject to the penalties of 18 Pa. C;S. Section 4904 elating to unsworn falsification to authorities. 7 July 2003 MARK D YINGER ~ · MARK D, YINGER, Plaintiff VS. SHARON L. YINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1312 CIVILTERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1, Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Acceptance of Service filed by Plaintiff's counsel indicating service on or about 3 April 2003. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 7 July 2003 By Defendant: 7 July 2003 (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of intention to File Praecipe to Transmit Record, a copy of which is attached: Date: 11 July 2003 (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 7 July 2003 and flied contemporaneously herewith. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 7 July and filed contemporaneously herewith. Attorney for Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ..~~ PENNA. MARK D. YINGER, Plaintiff VERSUS SHARON L. YINGER, Defendant NO. 03-1312 CML DECREE iN DIVORCE AND NOW, DECREED THAT AND 2003 SHARON L. YINGER , IT IS ORDERED AND , PLAINTIFF, , 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 WH!ICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE COURT: 'HONOTARY