HomeMy WebLinkAbout03-3400DANIEL UNDERKOFFLER,
Plaintiff
BARBARA UNDERKOFFLER,
Defendant
· IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED 1N 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 of 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.
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 LAWYER REFERRAL SERVICE
2 Liberty Avenue
Carlisle, PA 17013
800-990-9108
DANIEL UNDERKOFFLER,
Plaintiff
BARBARA UNDERKOFFLER,
Defendant
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT
COUNT I
DIVORCE UNDER SECTION 3301(C) OR 3301(D)
OF THE DIVORCE CODE
1. Plaintiff is Daniel Underkoffler, an adult individual who is sui juris and resides at
207 Hockersville Road, Hershey, Pennsylvania 17033.
2. Defendant is Barbara Underkoffier, an adult individual who is sui juris and resides
at 2001 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth
of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint.
The Plaintiff and Defendant were married on October 13, 1976, in Lemoyne,
Pennsylvania.
5.
There were two children bom to this marriage, one now an adult and another
minor child, Joseph Underkoffier, born October 2, 1986, now 16 years of age.
6. There have been no prior actions of divorce or for annulment between the parties.
7. Plaintiff has been advised of the availability of counseling and the right to request
that the Court require the parties to participate in counseling.
The Defendant is not a member of the Armed Services of the United States or any
of its Allies.
9.
proceeding are:
A.
The causes of action and sections of the Divorce Code under which Plaintiff is
Section 3301(c): The marriage of the parties is irretrievably broken.
After ninety (90) days have elapsed from the date of filing this Complaint,
Plaintiffintends to file an Affidavit consenting to a divome. Plaintiff
believes that Defendant may also file such an Affidavit.
B. Section 3301 (d): The marriage of the parties is irretrievably broken. The
Plaintiff and Defendant separated on or about April 8, 2003.
WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce,
divorcing Plaintiff and Defendant.
COUNT II
CLAIM FOR EQUITABLE DISTRIBUTION UNDER
SECTION 3502 OF THE DIVORCE CODE
1 l. Plaintiff and Defendant have acquired property during their marriage, which is
subject to equitable distribution by this Court.
12. Plaintiff and Defendant have been unable to agree as to an equitable division of
said property.
WHEREFORE, Plaintiff requests the Court to equitably divide the property owned by the
parties hereto.
WHEREFORE, the Plaintiffrequests the Court to enter a Decree::
a. Dissolving the marriage between the Plaintiff and Defendant;
b. Equitably distributing all property owned by the parties hereto; and
c.. For such further relief as the Court may determine equitable and just.
Respectfully Submitted,
· 'Box '11489
l~.isburg, PA 17108-1489
(717 } 232-6600
Attorney For Plaintiff
DANIEL UNDERKOFFLER,
Plaintiff
BARBARA UNDERKOFFLER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT
DANIEL UNDERKOFFLER, 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. I understand that the Corox maintains a list of marriage cotmselors 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 Divome Decree being handed down by the Court.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4909 relating to unswom falsification lo authorities.
DANIEL UNDERKOFFL~
VERIFICATION
Upon my personal knowledge or information and belief, I hereby verify that the facts
averred in the foregoing Complaint are tree and correct to the best of my knowledge, information,
and belief. I understand that thlse staxemen~s herein made are subject to the criminal penalties of 18
Pa.C.S. ~ 4904, relating to unswom falsification to authorities.
Date: rT/lg/O g
I verify that 1 have reviewed this form with my client and to the best of my knowledge
the allegations herein are true and CO~Tect.
1~ Locust Street
P. O. Box 11489
Harrisburg, PA 17108-1489
(717) 232-6600
Attorney For Plaintiff
DANIEL UNDERKOFFLER,
Plaimiff
BARBARA UNDERKOFFLER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-3400
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above case withdrawn, settled and discontinued.
Respectfully,
~No. 070
aah, Esquire
12 i Locust Street
P. O. Box 11489
Harrisburg, PA 17108-1489
(717) 232-6600
Attorney For Plaintiff