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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
LUANNE..E._DUVALL
Plaintiff
Versus
DOUGLAS L..DUVALL
Defendant
No ........ rj?j^.....-. .... f.z.9`T
DECREE IN
DIVORCE
is
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AND NOW, -January. • • 2/.!`.... 2400... • ......... it is ordered and
decreed that ....Luanne. E•.• -Duvall ........................... plaintiff,
and ............. Douglas •L: • •Duva1.1 ........................ 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;
..... Nane. ..............................................................
........ .......................................................
i
By TFe Court
Attest:
Prothonotary •O•
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HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
38 EAST HIGH STREET
CARLISLE PA 17013
(717) 2438090
ATTORNEY FOR PLAINTIFF
LUANNE E. DUVALL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
DOUGLAS L. DUVALL, I NO. 99 - 4747 CIVIL TERM
Defendant I IN DIVORCE
PRAE MPE TO TRANSMIT RECORD
Please 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 August 19, 1999, defendant
was served by certified mail, restricted delivery, with a copy of the divorce complaint. See Affidavit of
Service filed by plaintiffs counsel on August 23, 1999.
3. Complete either paragraph (a) or (b):
(a) Date of execution of the affidavit of consent required by Section 3301 of the
Divorce Code: By the plaintiff: January s, 2000
By the defendant: January, 2000
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce
Code: N/A ; and (2) Date of filing and service of the plaintiffs 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: January[(, 2000
Date defendant's Waiver of t' Section 3301(c) Divorce was filed with the
Prothonotary: r? J,anuary, 2000 i
JanuaryL/2000
Attorney for Plain
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LAW OFFICES
II.•IROI.I),'. IRltIN, III
HAROLD s. IRWIN, 111, esQUIRE
ATTORNEY ID NO. 29920
35 EAST MON STREET
CARLISLE PA 17013
(717) 243-6090
ATTORNEY FOR PLAINTIFF
LUANNE E. DUVALL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
DOUGLAS L. DUVALL, : NO. 99 - 7 ' CIVIL TERM
Defendant : 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
717-249-3166
LUANNE E. DUVALL,
Plaintiff
V.
DOUGLAS L. DUVALL,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
s
t CIVIL ACTION - LAW
s NO. 99 • CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO SECTION
3301(c) OF THE DIVORCE CODE
NOW, comes the plaintiff, Luanne E, Duvall, by her attorney, Harold S. Irwin, III,
Esquire, and files this complaint In divorce, against the defendant, Douglas L. Duvall,
representing as follows:
1. The plaintiff is Luanne E. Duvall, an adult individual residing at 111
Flintstone Drive, Newville, Cumberland County, Pennsylvania 17241.
2. The defendant Is Douglas L, Duvall, an adult individual whose present
address is unknown but who is employed by Giant Foods, 1621 Industrial Drive,
Carlisle, Cumberland County, Pennsylvania 17013.
3. Both parties have been residents of the Commonwealth of Pennsylvania
at least six months Immediately prior to the filing of this action in divorce.
4. The parties were married on September 14, 1991, in Carlisle,
Cumberland County, Pennsylvania.
5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers that the
grounds upon which this action is based that the marriage between the parties is
irretrievably broken.
6. The plaintiff avers that she has been advised of the availability of
counseling and that said party has the right to request that the court require the parties
to participate in counseling.
7. There has been no prior action for divorce or annulment between the
parties.
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.
August 0 , 1999 d, Lff
E E DUVALL Plaintiff
HAROLD S. IRWIN, III
Attorney for Plaintiff
LUANNE E. DUVALL,
Plaintiff
V.
DOUGLAS L. DUVALL,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 • CIVIL TERM
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. 1 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.
August,, 1999
NE Ez bUVALL Plaintiff
LUANNE E. DUVALL, 'IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
DOUGLAS L. DUVALL,
Defendant
: CIVIL ACTION - LAW
: NO. 99 - 4747 CIVIL TERM
: IN DIVORCE
PLAINTIFFS AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
filed in this matter on or about August 6, 1999 and served upon the defendant on or
about August 19, 1999.
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 unsu
January?, 2000
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LUANNE E. DUVALL,
Plaintiff
V.
DOUGLAS L. DUVALL,
Defendant
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99 - 4747 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 August 6, 1999 and served upon defendant by certified
mail on August 19, 1999.
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. /j
January .S , 2000 ? v
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LUANNE E. DUVALL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. .
: CIVIL ACTION - LAW
DOUOLAS L. DUVALL, : NO. 88 - 4747 CIVIL TERM
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(D) 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.
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.
Section 4904 relating to unsworn falsification to
January tZ, 2000
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LUANNE E. DUVALL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
DOUGLAS L. DUVALL, : NO. 99 - 4747 CIVIL TERM
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(C1 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 ctatements 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.
January -?/, 2000
DOUGLAS L. DUVAL
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LUANNE E. DUVALL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
DOUGLAS L. DUVALL,
Defendant
: CIVIL ACTION - LAW
: NO. 99.4747 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 are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsificatioi
January ,, 2000
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LUANNE E. DUVALL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
DOUG"S L. DUVALL, : NO. 99.4747 CIVIL TERM
Defendant : 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 1 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 t4 authorities.
January 4? 2000 c'
DOUGLAS V. DUVALL
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JOHN J. SARANSKI, JR.
ATTORNEY ID NO. 52585
IRWIN LAW OFFICES
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243.8090
ATTORNEY FOR PLAINTIFF
LUANNE E. DUVALL,
Plaintiff
V.
DOUGLAS L. DUVALL,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99.4747 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(1)
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 August 19, 1999, by certified mail "restricted delivery",
addressed to him c/o Giant Foods, 1621 Industrial Drive, Carlisle, PA 17013, certified
mail, return receipt No. Z 339 062 123.
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 falsificatioryto authorities.
August 23, 1999
Harold S. Irwin, III
Attorney for plaintiff
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3. Artlds Addrsua pp; 4a. Artlde Number
DOUGLAS L DUVALL
C/O GIANT FOODS
1621 INDUSTRIAL DR
CARLISLE PA 17013
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LAW OFFICES
IIAROLD S. IR GbIN. III
HAROLD S. IRMN,111, ESOUIRR
ATTORNEY ID NO. 19920
35 EAST MON STREET
CARLISLE PA 17041
(717) 2439090
ATTORNEY FOR PLAINTIFF
LUANNE E. DUVALL,
Plaintiff
V.
DOUGLAS L. DUVALL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - A17y7 CIVIL TERM
: IN DIVORCE
ORDER OF COURT
AND NOW, this //` day of A/avt?Lc 1999 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 THE COURT,
J.
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LUANNE E. DUVALL,
Plaintiff
V.
DOUGLAS L. DUVALL,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99 - CIVIL TERM
: IN DIVORCE
STIPULATION AND AGREEMENT
,A1,n1e>A166'L,
THIS STIPULATION AND AGREEMENT entered into this = day of Amt,
1999, by and between DOUGLAS L. DUVALL (hereinafter referred to as "Father") and
LUANNE E. DUVALL (hereinafter referred to as "Mother").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the parties are the natural parents of two (2) children, namely,
Samantha E. Duvall (age 6, born April 29, 1993) and Abigail J. Duvall (age 1, born
September 24, 1997); and
WHEREAS, the parties wish to enter into an agreement relative to the custody
and partial custody of the children.
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 children, which shall
include, but not be limited to the mutual sharing of information and decisions with
regard to medical care, education, religious instruction.
2. The Mother shall have primary physical custody of the children, subject to
periods of partial or temporary physical custody and visitation with the Father as may be
mutually agreed between the parties from time to time.
3. Both parties agree that each party shall have reasonable telephone
contact with the children while the children are in the other party's custody and that the
children will be permitted to call the noncustodial parent as desired while they are in the
custody of the other parent.
4. The parties will keep each other advised immediately relative to any
emergencies concerning the children and shall further take any necessary steps to
ensure that the health, welfare and well being of the children is protected.
5. The parties shall do nothing that may estrange the children from the other
parent or injure the opinion of the children as to the other parent or which may hamper
the free and natural development of the children's love or affection for the other parent.
6. Father shall pay to Mother the sum of $125.00 every weeko for the
support of the children and shall provide medical insurance coverage for the children.
Father shall also pay 65% of all medical and dental bills not covered by insurance.
Father agrees to provide up to three week days per week of childcare for the children.
The support amount payable hereunder shall be paid directly to the Mother, rather than
through the Domestic Relations Section by a wage attachment, so long as the Father
remains current in his payments. If the Father becomes more than thirty (30) days
delinquent in these payments, then the Mother shall be entitled to request the
Cumberland County Domestic Relations Section enter an attachment of the Father's
wages to secure such payment. All amounts payable hereunder are subject to change
based upon changed circumstances in accordance with the law and rule of Court.
7. The Mother shall be entitled to the dependency exemptions for both
children on her tax returns.
S. 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.
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 children 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: l?
Date: lis r C D U S L. DU ALL (SEAL) EAL)
NNE E. D ALL
The parties agree that in making this agreement there has been no fraud,
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
/'/1lvCn1/5?--
On this, the S? day of As1, 1999, before me, the undersigned officer,
personally appeared Douglas L. Duvall, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument and acknowledged that he
executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto se my hand and official seal.
Notarial Seal
Harold S. Irwin III, Notary Public
Pennsylvania AaaoblaOOnot Ndallaa UbIIC
COMM ONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
:SS:
On this, the day of?ust, 1999, before me, the undersigned officer,
personally appeared Luanne E. Duvall, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument and acknowledged that she
executed same for the purposes therein contained.
IN WITNESS WHEREOF
Notadalseal Harold S. IroM W, Notary Pubs:
Cumberland
Mamba,o;,VXaftj
Noladal Seal
Harold S. Irwin III, Notary Publlc
C'Lle Soro, Cumbedarld Countyy
My Commission L'..'. Salut 23, 2002
104111 r, Wnaspanla Aeeodabbn ot Wires
CaAlale 8oro, Cumberland courtly
MyCammiaslonE>muas
Member, 4ota
I hereunt se y hand and official seal.
i
(SEAL)
Notary Public