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Home My WebLink About03-2177 CARL A. SOUDERS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 01/77 CIVIL TERM TINA M. SOUDERS, 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 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 (717) 249-3166 ,I . __,_____ CARL A. SOUDERS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- ~177 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE TINA M. SOUDERS, Defendant COMPLAINT UNDER SECTIONS 3301 (C) AND 3301 (D) OF THE DIVORCE CODE 1. Plaintiff is Carl A. Souders, an adult individual whose current mailing address is P.O. Box 1443, Carlisle, Cumberland County, Pennsylvania and who is represented in this matter by Michael A. Scherer, Esquire. 2. Defendant is Tina M. Souders, an adult individual who currently resides at 7810 Wertzville Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and the Defendant have been bonafide residents in 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 September 21, 1991 in Carlisle, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Plaintiff and Defendant are not in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired both real estate and personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER DATE: S 7. 03 1$1cflh Michael A. Scherer, Esquire 1.0. # 69174 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/souders/divorce.pld VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !i 4904, relating to unsworn w~th~ - . Carl A. Souders DATED: <:;; ( b iu =s.. 1 ~ ~ ~ ~'i - ~~ p o. ~ . - ~ 8(3; UJ ~ " U" \ ~ -v- f~ J- - r--- ff o c_ r. ; :.~ :/(;j -r.1r" . n'\l -/ --/ : ~~:. " 0- :f-. ~ :':..."1 - ::.:__J -, (..) "- r:. " , CARL A. SOUDERS, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-2177 CIVIL TERM TINA M. SOUDERS, Defendant :CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of Robert J. Mulderig, Esquire, on behalf of the Defendant in the above-captioned case. Respectfully Submitted, TURO LAW OFFICES ....-' ,/ ) ,'//" /' ,of; J ./ I Date /J/ / ,"'" ~' .. , . ..' /' ...]. ... . I I / ./ 1, )>. ,/ .'.' r/' /, //:/,/ ,/ ; 1'1:...../6 ~ ;/.r/ [t;I;;.~ /~~! /'7,/ (...~,. ": r..,,;"I'"'(,/. /1./ I~- V' /~~.~/~ Robert J. Mdlderig, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 o c: ;;~ .'0>' gll::,'. 2' S~ (": ri: ( T:;' _J.--- ~ CJ "n - ..~~.. ~-..~'" 0' v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2177 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CARL A. SOUDERS, Plaintiff TINA M. SOUDERS, Defendant ACCEPTANCE OF SERVICE AND NOW, this 26 day of Jul//& ,2003, I, Robert J. Mulderig, Esquire, Attorney for the Defendant, hereby accept service of the Complaint filed in the above case pursuant to Pa, R.C.P, 1920.4(e), ~-' o J, MUlderig~e mas.dir/domestic/souders/acceptance.ser (') c-, C) C (..'1) -01 ~ '- .-. ""UtT .-- ,- -,-, \:9L[ .- , .L-;:..o '""71 Z ~ " ~,~;- (::J :,~-~ (~~ r:: C-.: '< , ~, ;;:.-, (':'') Z\,-< "~'I ITl )><. C ~\ ~ r:- :ij '.0 C<; I II II CARL A. SOUDERS, Plaintiff V. TINA M. SOUDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2177 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLANITIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on May 7, 2003. 2. Defendant signed an Acceptance of Service form on June 26, 2003. 3. The marriage ofthe Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised ofthe availability of marriage counseling and understand that I may request that the court require counseling, I do not request that the court require counseling. 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. Date: December lo, 2005 @iJ, ~J !!(;J A L .SO DERS (; ," 'i I ,. II III I I' I' [I I' Ii CARL A. SOUDERS, I Plaintiff I V. TINA M. SOUDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2177 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on May 7, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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, 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. I Date: December (p , 2005 . .~f)U{~~~~ ,--=. TI A M. SOUDERS () c- -,. ~!-;: ,-1'--' IT1;J: 7-!-~" ;;-.r: r:h ~~!' i~ ~~~, ~~~ ::< "" = = en o "Tl =r ni:D r- :on"' '0 (:),1 :iJY, ("') l' >"0 1~~11l "" ~> OJ:) --< '=' f""l n \C -0 :x ~ (,/1 --"------ --- - I , ,I I I, CARL A. SOUDERS, II Plaintiff II V. I I I, 'I Ii ]1 II i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2177 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE TINA M. SOUDERS, 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: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c)ofthe Divorce Code, 2. Date and manner of service of the Complaint: Defendant's attorney signed an Acceptance of Service form on June 26, 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 on December 6, 2005; and Defendant on December 6, 2005. 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, 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce Code: None. Respectfully submitted, . rtk;Zj(~. Michael . cherer, Esquire r",.> 0 0 C,,;l -n = ,:,; <.n ...... ':'~_. c::> if,::J.l I:..~C r<"l n"l! n -or;; ~, :;)'7 - ()'; v:> C:C) f:~:: ~~::.n -0 (~O r;':': -y -. ~';:nl -':;~(: '1? :~ ""'C ~i2 ?~ .::- ~ .< 0-, ~~~+~~~~~~~~~~~+.+.+.+.++.++++~~~~~~~++.++.++++.++.~~++.++++.+++~+.+.+.++++.++++.++.+++++++.++.+~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +:f++++++ +++++++++++++'f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +++'++'f.++'+'f.+'f.~+++++++'++++++++++++++++++~+++'f.+++++++++++~ IN THE COURT OF COMMON PLEAS CF CUMBERLAND COUNTY CARL A. SOUDERS. PEN NA. STP. rE OF 2003 2177 Plaintiff. No, CIVIL VERSUS TINA M. SOUDERS. Defendant. DECREE IN DIVORCE v~ l..1 r-- :Z<:.l2:> , IT IS ORDERED AND AND NOW;'" CARL A. SOUDERS DECREED THAT , PLAINTIFF, TINA M. SOUDERS AND , 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. /' ///;t)/ 1/ .' /1 /' i " / ATTEST: ROTHONOTARY J, - ~/ :J- /?l'~.7v?f ~t~ >:/ "1= '('f J.?17jt:;s' fltJ ,2 O/~ ~. rr >(/ C>:o ('I ..." , ..- ..,