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HomeMy WebLinkAbout01-05635 IN THE COURT OF COMMON PLEAS Phillip D. Bunty, - - - - - ------------------------------ --- -- ------- Plaintiff Versus Stephanie M. Bunty, Defendant .. -- ------- ------ - - - -- 01 - 5635 Civil Term DECREE IN DIVORCE AND NOW, ..... .... ......... , 2004.. , it is ordered and Phillip D. Bu.nty, decreed that .................................................. plaintiff, and Stephanie M. Bunty, 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 ........................................................................... ......................... ....................Qr'wt-?ov By Th - - ----------- - - -- ..... _- n -- ---_.. A a i i s.. sr,:: W .W. A*N e: ? x t4 a x 1_ ?? ?G- HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17078 (717) 249.8090 ATTORNEY FOR PLAINTIFF PHILLIP D. BUNTY, V. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE M. RUNTY, Defendant : CIVIL ACTION - LAW NO. 07 - 5655 CIVIL TERM : 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. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about October 2, 2001, defendant's counsel was served with a copy of the divorce complaint via regular mail, addressed to the defendant's counsel. (See Acceptance of Service previously filed.) 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: March 9, 2004 . By the defendant: Mk,4cc4- Q St&4- (b)(1) Date of execution of the affidavit rEquired by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 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: N/A. (b) Date plaintiffs Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: MarchA, 2004 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: MA,?I, ue,4- March , 2004 HAROLD S. IRWIN, III Attorney for Plaintiff C) C-- o .77 f_?w 77 Phi C7 -Ij ?? :5, i HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF PHILLIP D. BUNTY, Plaintiff v. STEPHANIE M. BUNTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01 - SL3? CIVIL TERM : IN 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 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania 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, Pennsylvania 17013 717-243-3166 PHILLIP D. BUNTYo Plaintiff v. STEPHANIE M. BUNTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 5-63s-' CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Phillip D. Bunty, an adult individual residing at 174 CME, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Stephanie M. Bunty, an adult individual residing at 401 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on June 23, 2000, in Mt. Holly Springs, Cumberland County, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. September 26, 2000 HILL D. BUNTY aintiff A PI Attorney for Plai 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 PHILLIP D. BUNTY, Plaintiff v. STEPHANIE M. BUNTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 563 _ CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. September 26, 2001 07 H10HILLIP/b. BUNTY, F?pffitiff \, ?$ ?. ?1 tr\1?@ V C ,? r, c __ -; ?? ;'; ? "3 1'Il ?' .? f`) ? ?- _ r L 1 _ L) ?? ?? (Tr ?? _\ PHILLIP D. BUNTY, Plalntlff V. STEPHANIE M. BUNTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 5685 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. .2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. March 2004 .9 - STE ANIE M. BUNTY ?? -.,?`+ -- m - ?•<eum?as:?ffi?,?s'w?.?.°°?s?e?r frmtlihaMAdii9? C`7 c?.-a C7 r- o -rt f ? - -y3,^rt .a. ?iI El- PHILLIP D. BUNTY, Plaintiff V. STEPHANIE M. BUNTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 5655 CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. 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. March 9, 2004 (,W4 ;?K HILLI D. BUNTY }??, _ } ? m r ' ? z ?;1 -=+` L r(1 f-. ? ) 1T ;? 1"`3 ?5' --i ?? ?i? ? ,?"G NATHAN C. WOLF, ESQUIRE ATTORNEY 10 NO. 87380 64 SOUTH PITT STREET CARLISLE PA 17018 (717) 2438090 ATTORNEY FOR PLAINTIFF PHILLIP D. BUNTY, Plaintiff v. STEPHANIE M. BUNTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 5685 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about September 26, 2001 and served upon defendant on October 2, 2001 (see Affidavit of Service filed October 5, 2001). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. March -1,2004 ew 3mt-?? PHILLI D. BUNTY n7 ?. G - O f; Z? 4e PHILLIP D. BUNTY, Plaintiff V. STEPHANIE M. BUNTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 5655 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about September 26, 2001 and served upon defendant on October 2, 2001 (see Affidavit of Service filed October 5, 2001). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. March -?-, 2004 „P ANIE M. BUNTY _- fF -j Cl Wis. PHILLIP D. BUNTY, V. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE M. BUNTY, Defendant CIVIL ACTION - LAW NO. 07 - 5655 CIVIL TERM . IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3307(C) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. Section 4904 relating to unsworn falsification to authorities. March 2004 a 2EE??= PHILLIP . BUNTY il , l ,tar- 'i>c_ rv ;err; C/1 ?! L PHILLIP D. RUNTY, Plaintiff V. STEPHANIE M. BUNTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 5635 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3309/C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. 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. March 9, 2004 - 1 STE ANIE M. BUNTY C, Ca o ' r n S'J J ,ln GdG-" HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF PHILLIP D. BUNTY, Plaintiff v. STEPHANIE M. BUNTY, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 5635 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on or about October 2, 2001, by certified mail "restricted delivery", addressed to the defendant at 401 North Bedford Street, Carlisle, PA 17013, certified mail, return receipt No. 7000 1670 0010 9168 0125. 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. October 3, 2001 Harold S. Irwin, III Attorney for plains c' -_ - `^ ? _ ,.. _? _„ l .? l ?- _? _ ?' .. l Jv? 11111F?UoMW, 0: items 1, 2, and.& Also complete r' items Restricted Delivery is desired. ¦ Prinf-yo 'ur 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. Article Addressed to: p /?D/f9r1lE. /n. UGCnT?i/ ST ii O/ A/ .894 fo215 C??us??l Plv i7?/? 2. Article Number (Copy /rpm service /ate), !t) PS Form 3811, Jufy im L11 tL A. I X (? _ O Agent ?Y.` ,Agent' D. Is d address different from item 1? Yes If YES, enter delivery address below: ? No 3. ce Type Certified Mail ,Omj ? Express Mail ? Registered Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fw) es ? M , fff ..r Return Receipt 1112596,99-M-1789 Tent, ,. + ? 3' C3 - Postage $ Q' Certified Fee / l C3 Return Receipt Fee A + (Endorsement Required) C3 Restricted Delivery Fee G (Endorsement Required) v, ? Tdtal Postage & Fees r-1 Sent To !- r3 _ st7q Apt. No orQP,O B?olx No. C3 - Ciry'Stsfe ZIPW r- /A/L/CSLS P'A /?Ul Postmark Here 7-?3 ... OCT 19 2001 HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF PHILLIP D. BUNTY, Plaintiff V. STEPHANIE M. BUNTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 5;?-3.5 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this xv day of October, 2001, upon presentation and consideration of the attached stipulation and agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY TH J. J ` v F 0 MNW RNINId Olir,00 r V 'l4-117tPIro 'S !. c. fit;ij . C. 30 ' I PHILLIP D. BUNTY, Plaintiff V. STEPHANIE M. BUNTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - CIVIL TERM : IN DIVORCE STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this 18th day of October, 2001, by and between PHILLIP D. BUNTY (hereinafter referred to as "Father") and STEPHANIE M. BUNTY (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the natural parents of one (1) child, namely, Samantha Jo-Marie Bunty, born September 5, 2000; and WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the child. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have joint legal custody of the child; however, the parties agree that the Father shall have control of all decisions effecting the education of the child. 2. Father shall have primary physical custody of the child, subject, however, to the Mother's rights of visitation and temporary physical custody on every Tuesday and Thursday and every other Friday through Sunday evening. 3. The parties agree to cooperate fully to coordinate these temporary physical custody times as well as to share holiday time. Father shall always have the child on Father's Day and Mother will always have the child on Mother's Day. 4. The parties shall have reasonable telephone contact with the child while the child is in the other parent's custody. 5. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to ensure that the health, welfare and well being of the child is protected. 6. The parties shall do nothing that may estrange the child from the other parent or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or affection for the other parent. 7. The parties shall share the income tax personal exemption for the minor child in accordance with the terms of their marital settlement agreement dated October 18, 2001. 8. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 9. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 10. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: Date:[ (SEAL) HILLIP . BUNTY Date:)6 1 t? k4g?? TJFPHANIE M. BUNTY COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this 18th day of October, 2001, PHILLIP D. BUNTY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seel Harold 5. Irwin III, No:ery Public Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept 23, 2002 ' r• esc ^lir,?p Oi Nna7ries Member, Penncy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this 18th day of October, 2001, STEPHANIE M. BUNTY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. jt3 aHaNry Pu blic Carlumbndt 232002 My Coxpires Sep riffi;0n 0, Nolarles Notary Public Member, PennsYl?'an'° psso.. ? ?• :? _ 'i?CL: ? ? , (i tfT?r + 7 i ?- Ceti -? -<._" [:? _ __ J S` Sa ?,? C ?- f-ry Z ? ? T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plainti Vs File No. 01 - 5jc t U. "TP?m IN DIVORCE e- C) L Defendant 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 after the entry of a Final Decree inIDivorce dated Wa j)Q qcc?q hereby elects to resume the prior surname o Kand gives this written notice avowing his / her intention pursuant t the visions o 54 P.S. 704. Date: Signature Signature of being resumed ;3131 e r COMMONWEAL OF PENNSYLVANIA ) COUNTY OF On the z?aay of 0C40LS'z . , 200$, before me, the Prothonotary or the notary public, personally appeared 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. Prothonot or Notary Public RUTARK SEAL PROCUeTHMONOTARY,BERUNpNOTARY MW U W MY COURTHOUSE CARUSMY COMMISSION EXPIRES JANUARY 4, 2010 c f na cao 0 n tV 0 l? `I"