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HomeMy WebLinkAbout03-1669HOLLY B. EARNEST, Plaintiff, VS. DAVID H. EARNEST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA 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 Cumberland County, One Courthouse Square, Cumberland County, 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, PA 17013 (717) 249-3166 HOLLY B. EARNEST, Plaintiff, VS. DAVID H. EARNEST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. COMPLAINT IN DIVORCE Sections 3301(0 and 3301(d) 1. Plaintiff is Holly B. Earnest who currently resides at 36 South Side Drive, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is David H. Earnest who currently resides at 120 East Penn Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 13, 1994 in, Cumberland County, Pennsylvania. 5. No children were bom of the marriage. 6. Neither Plaintiffnor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. The parties have been living separate and apart since November 25, 2002. 10. 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. 11. Plaintiff requests the court to enter a Decree of Divorce divorcing Plaintiff and Defendant. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce divorcing Plaintiff and Defendant and such other Orders as are just and appropriate. Respectfully submitted, Melissa L. Van Eck, Esquire Attorney ID No. 85869 203 West Caracas Avenue Suite 201 Hershey, PA 17033 (717)540-5406 Attorney for Plaimiff VERIFICATION I, Holly B. Earnest, verify that the statements made in the foregoing COMPLAINT in DIVORCE are true and correct to the best of my knowledge, information and belief. 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: HOLLY B. EARNEST, Plaintiff, V. DAVID H. EARNEST, Defendant. : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : : NO.: 03-01669 AFFIDAVIT OF SERVICE I do hereby state that I served a tree and correct copy of the Complaint in Divorce, in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, certified mail, return receipt requested, in Harrisburg, Pennsylvania, and delivered on May 2, 2003, as per the attached return receipt card, addressed to: David Earnest 103 North East Street Carlisle, PA 1701!3 A copy was also mailed to the above Defendant via United States first class mail. The certified mail was unclaimed and the first class mail was not retumed. The Defendant is deemed served 15 days after mailing (May 17, 2003). Respectfully submitted, Melissa L. Van Eck, Esquire Attorney ID No. 85869 7800 A Allentown Blvd. Suite B P.O. Box 6662 Harrisburg, PA 17112 (717)540-5406 Attorney for Plaintiff DODO HOLLY B. EARNEST, Plaintiff, VS. DAVID H. EARNEST, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- CIVIL TERM CIVIL ACTION DIVORCE AFFIDAVIT OF CONSENT 2. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 10, 2003. 4. 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. 5. 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.§ 4904 relating to unswom falsification to authorities. Date: HOLLY B. EAo~N]~ST Plaintiff HOLLY B. EARNEST, Plaintiff, VS. DAVID H. EARNEST, Defendant DIVORCE 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- CIVIL TERM CIVIL ACTION DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (c) oF TItE DVeORCE COOE 4. I consent to the entry of a final Decree of Divorce without notice. 5. 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. 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 Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unswom falsification to authorities. Date: Plaintiff HOLLY B. EARNEST, Plaintiff, VS. DAVID H. EARNEST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- CIVIL TERM CiVIL ACTION DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 10, 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 of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are tree 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: Defendant HOLLY B. EARNEST, Plaintiff, VS. DAVID H. EARNEST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- CIVIL TERM CIVIL ACTION DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (C) OF THE DIVORCE CODE 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 ifI do not claim them before a divorce is granted. 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 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: Defendant HOLLY B. EARNEST, Plaintiff, V. DAVID H. EARNEST, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO.: 03-01669 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of an appropriate decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Served via certified mail on May 2, 2003. Affidavit of Service flied simultaneously with this Praecipe. 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 on March 8, 2004; by defendant Mat'ch 8, 2004. (b)(1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the Divorce Code: N/A; (2) Date of service of the plaintiffs affidavit upon the defendant: N/A. 4. Related claims pending: None. Complete either (a) or (b). a. Date and manner of service of the notice of intention to file praecipe a copy of which is attached: b. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: Executed on March 8, 2004; filed simultaneously with this Praecipe. Date Defendant's Waiver of Notice was filed with the Prothonotary: Executed on March 8, 2004; filed simultanex>usly with this Praecipe. Respectfully submitted, Date: Melissa L. Van Eck, Esquire Attomey ID No.: 85869 78(}0 A. Allentown Blvd. Suite B. Hm'dsburg, PA 17112 (717) 540-5406 CERTIFICATE OF SERVICE I, Melissa L. Van Eck, Esquire, counsel for Holly Earnest, Plaintiff in the above- captioned action, hereby certify that a tree and correct copy of the foregoing Praecipe to Transmit was served upon David Earnest, by depositing same in the United States mail, first class, on March 30, 2004 addressed as follows: David Earnest 103 North East Street Carlisle, PA 17013 Date: Melissa L. Van Eck, Esquire v_ 7800 A Allentown Blvd. Suite B Harrisburg, Pennsylvania 17112 Telephone: 717-540-5406 Fax: 717-540-5407 Attorney for Plaintiff IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF HOLLY EARNEST PLAINTIFF DAVID EARNEST DEFENDANT PENNA. No.03-1669 PLEAS DECREE IN DIVORCE AND NOW, HOLLY EARNEST DECREED THAT DAVID EARNEST AND ,~0o~I , 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 WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. BY THE COURT: / '~"~'2J PROTHONOTARY