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HomeMy WebLinkAbout03-1859IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID M. CUNNINGHAM, Plaintiff Vo GLORIA JEAN CUNNINGHAM, Defendant · No. 03- /~'-O'"q Civil Term · Civil Action - Law · Divorce NOTICE TO DEFEND AND CLAIM OF RIGHTS You have been sued in Court. If you wish to defend against the claims set fourth 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 Cumberland County Courthouse, 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 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID M. CUNNINGHAM, Plaintiff Vo GLORIA JEAN CUNNINGHAM, Defendant · No. 03-/~'q Civil Term · Civil Action - Law · Divorce COMPLAINT FOR DIVORCE UNDER SECTIONS 3301 ( c ) OR 3301 ( d ) OF THE DIVORCE CODE 1. Plaintiff is David M. Cunningham, who currently resides at 134 North Hanover Street, Apartment # 10, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Gloria Jean Cunningham, who is currently believed to be residing at 8 Dulles Drive, Apartment 5H, Camp Hill, Pennsylvania. 3. Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for at least six months prior to the filing of this Complaint. 4. Plaimiffand Defendant were married on June 12, 1996 at Carlisle, Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken, and the parties separated on August 2, 1996· 6. There have been no prior actions of divorce or annulmem between the parties. 7. Plaintiff has been ad. vised of the availability of counseling and right to request that Court require the parties to participate in counseling. 8. Defendant is not a member a member of the Armed Services of the United States or any of its Allies. 9. Plaintiff avers that the grounds on which the action is based are: a. Section 3301 ( c ) - the marriage is irretrievably broken. b. Section 3301 ( d ) - the marriage is irretrievably broken and the parties are now living separate and apart. The parties separated on or about August 2nd of 1996. Because the parties have been living separate and apart for more than two years, Plaintiff will submit an Affidavit alleging that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully sub~'~ baw~'d Lopez, EsqUire f t~ Law Offices of LopezNeuh~arth LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 VERIFICATION I verify that the statements made in this document are tree 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. Section 4904, relating to unswom falsification to authorities. .~.~ Date: ~vid M. C~in~m David M. Cunningham, PLAINTIFF Vo Gloria Jean Cunningham, DEFENDANT :IN THE COURT OF COMMON PLEAS OF : :CUMBERLAND COUNTY, : :PENNSYLVANIA : :No. 03-1859 CIVIL ACTION LAW : :Divorce Affidavit of Service I, David Lopez, Esq~ hereby state that on April 24, 2003, I mailed by First Class U.S. Mail and by Certified Mail, No.7002-0860-0001-5851-2869, Return Receipt Requested, Addressee Only, a copy of the Complaint in Divorce to Defendant, Gloria Jean Cunningham at 8 Dulles Drive, Apartment 5H, Camp Hill, Pennsylvania 17011, the last known address of received on April 28, 2003, as evidenced by the attached Defendant, which documents were Retum Receipt Card. Law Offices of LopezNeuharth LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 · 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: 42 A ~ P H ' L c .~ P,~ I ?~ l l 2. Article Number 7 0 0 2 ~ransfer from service label) X [] Agent I B. Rec~ved by (Prfnted Nam. e) ~ I C. 'Date of Delivery I D. Is delivery add~'~-~ fro~em 17 [] Yes If YES, ent eliv : [] No ~[.,Certifled Mail ~'ss Mail r[] '~egistered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) 0860 0001 5851 2869 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 EXHIBIT A David M. Cunningham, PLAINTIFF Vo Gloria Jean Cunningham, DEFENDANT :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, : :PENNSYLVANIA : :No. 03-1859 CIVIL ACTION LAW : :Divorce Affidavit of Service I, David Lopez, Es% hereby state that on April 24, 2003, I mailed by First Class U.S. Mail and by Certified Mail, No.7002-0860-0001-5851-2869, Return Receipt Requested, Addressee Only, a copy of the Complaint in Divorce to Defendant, Gloria Jean Cunningham at 8 Dulles Drive, Apartment 5H, Camp Hill, Pennsylvania 17011, the last known address of Defendant, which documents were received on April 28, 2003, as evidenced by the attached Return Receipt Card. Law Offices of LopezNeuharth LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 · 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: 2. Article Number 7 0 0 2 (Transfer from service label) B. Received by (Printed Nan~e,) I C. Date of Delivery D.is delivery addr~ fro~i[em 17 I-1 Yes if YES, enter~el~~ I-INo ' [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~ 0860 0001 5851 2869 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 EXHIBIT A C-._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA David M. Cunningham, : Civil Action - Law Plaintiff : Gloria Jean Cunningham, Defendant No. 03-1859 Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301( c ) of the Divorce Code was filed on April 23, 2003. 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 of divorce~ 4. I understand that I may rights concerning alimony, division of property, lawyer's fees or expenses ifI 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. § 4904 relating to unsworn falsification to authorities Date: G~oria Jean Cunningham- 0' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA David M. Cunningham, Plaintiff Gloria Jean Cunningham, Defendant Civil Action - Law No. 03-1859 : : Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301( c ) of the Divorce Code was filed on April 23, 2003. 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 of divorce. 4. I understand that I may rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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: David M. ' J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA David M. Cunningham, Plaintiff Gloria Jean Cunningham, Defendant Civil Action - Law No. 03-1859 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 of divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI 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 I this Waiver 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. David M. Cunni~am / ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA David M. Cunningham, Plaintiff : Civil Action - Law v. No. 03-1859 Gloria Jean Curmingham, : Defendant : 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. Ground for Divorce: irretrievable breakdown under 3301( c ) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint was mailed to Defendant on April 24, 2003, by certified mail, restricted delivery. Defendant accepted service of the Complaint on April 28, 2003. 3. Date of execution of the Affidavit of Consent required by 3301( c ) of the Divorce Code: by Plaintiff- August 25, 2003; by Defendant - August 25, 2003. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in 3301 ( c ) Divome was filed with the Prothonotary: August 25, 2003. Date Defendant's Waiver of Notice in 3301 ( c ) Divorce was filed with the Prothonotary: August 25, 2003. AD~oimd eL;~oe;p 1 tm. nti ff~ Law Offices of LopezNeuharth LLP 401 E. Louther St., Suite 101 Carlisle, PA 17013 IN THE COURT Of COMMON PLEAS I}AVID M. Ct~U_N[~ PLAINTTFF VERSUS OF CUMBERLANDCOUNT~ STATE OF ~~~ PENNA. No. _ /'l'"~--lRi:;~ DECREE IN DIVORCE and NOW, DECREED THAT AND , ~T IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS Of mATRIMONY. THE COURT RETAINS JURISDICTION OF ThE fOI_LOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE COURT: DNOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA David M. Cunningham, Plaintiff Gloria Jean Cunningham, Defendant Civil Action - [,aw No. 03-1859 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 of divome 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. 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 I this Waiver 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: ~l '~j 0~3