HomeMy WebLinkAbout07-3209Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717)774-1445
SUSAN C. CERNUGEL, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 07 - 3ao~
l= l c~ i C„~~~
DONALD A. CERNUGEL,
Defendant
CIVIL ACTION -LAW
IN ANNULMENT
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 maybe 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 and visitation of your children.
When the grounds for a divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Domestic
Relations Office at the County Courthouse.
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
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717)774-1445
SUSAN C. CERNUGEL, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. NO.
DONALD A. CERNUGEL, :CIVIL ACTION -LAW
Defendant IN ANNULMENT
DECREE
AND NOW, this day of , 2007, upon consideration and review
of the Master's Report and Recommendation, which states, among other things, that an
alleged marriage has been solemnized between Plaintiff and Defendant, but was null and
void for reasons appearing to the satisfaction of this Court, it is hereby DECREED and
ORDERED that the alleged marriage between Plaintiff and Defendant was and is wholly
and absolutely null and void for all intents and purposes. It is further DECREED and
ORDERED that Plaintiff and Defendant shall be at liberty to marry again in like manner
as if the said alleged marriage had never taken place.
BY THE COURT:
J.
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717)774-1445
SUSAN C. CERNUGEL, 1N THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. : No. ~ 7 -- 3~ d y ~~ ~ LL ~F~.
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DONALD A. CERNUGEL, CNIL ACTION -LAW
Defendant 1N ANNULMENT
COMPLAINT IN ANNULMENT
1. Plaintiff is Susan C. Cernugel, an adult individual residing at 1248 Summitview
Court, New Cumberland, Cumberland County, Pennsylvania.
2. Defendant is Donald A. Cernugel, an adult individual residing at 1248 Summitview
Court, New Cumberland, Cumberland County, Pennsylvania.
3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six (6) months prior to filing this complaint.
4. On March 25, 1999 a wedding ceremony was performed between Plaintiff and
Defendant in Las Vegas, Nevada. A true and correct copy of the parties' marriage certificate is
marked as Exhibit "A," and is attached hereto and make part hereof.
5. On Apri127, 2007, Plaintiff learned her marriage was void, and thereupon separated
immediately from Defendant.
6. While Defendant had filed for divorce against his former Wife, Deborah J. Cernugel,
on October 30, 1996 and June 26, 2000, no divorce decree has been entered.
7. The marriage contract entered into by and between Plaintiff and Defendant is thus
void because at the time of Plaintiff and Defendant's marriage ceremony, Defendant had another
living spouse and the Defendant's former marriage had never been annulled nor had there been a
divorce granted.
8. There have been no prior actions for divorce or annulment between the parties in this
or any other jurisdiction.
9. Neither Plaintiff nor Defendant is in the military or naval service of the United States
or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of
1940 and its amendments.
WHEREFORE, Plaintiff, Susan C. Cernugel, prays this Honorable Court to enter judgment:
A. Awarding Plaintiff a decree in annulment; and
B. Awarding other relief as the Court deems just
Dated: May 22, 2007 ~ `~
Barbara Sumple-Sullivan, Esquire
Attorney for Plaintiff
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(7171774-1445
SUSAN C. CERNUGEL, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
DONALD A. CERNUGEL,
Defendant
NO.
CIVIL ACTION -LAW
IN ANNULMENT
VERIFICATION
I, Susan C. Cernugel, hereby certify that the facts set forth in the foregoing Complaint are
true and correct to the best of my knowledge, information and belief. I understand that any false
statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn
falsification to authorities.
Dated: ~ d ~ ~.
SAN C. CERNUGEL
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Barbara Sample-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717)774-1445
SUSAN C. CERNUGEL, IN THE COURT OF COMMON PLEAS
Plaintiff
v.
DONALD A. CERNUGEL,
Defendant
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07 - 03209
CIVIL ACTION -LAW
IN ANNULMENT
AFFIDAVIT OF SERVICE
I, Barbara Sample-Sullivan, Esquire, do hereby certify that I served a copy of the
Complaint In Annulment in the above-captioned matter by United States Mail, Restricted
Delivery, Certified No. 7004 2890 0002 8468 $394, Return Receipt Requested, on the above-
named Defendant, Mr. Donald A. Cernugel, on June 5, 2007 at Defendant's last known address:
1248 Summitview Court, New Cumberland, PA 17070. The original receipt and return
receipt card are attached hereto as Exhibit "A".
I hereby certify that the facts set forth above are true and correct to the best of my
knowledge, information and belief. I understand that any false statements made herein are
subject to penalties of 18 Pa. C.S.A. 34904 relating to unsworn falsification to authorities.
Dated: June ~, 2007
(717)-774-1445
Supreme Court ID #32317
Attorney for Plaintiff
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549 Bridge Street
New Cumberland, PA 17070-1931
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Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
SUSAN C. CERNUGEL, IN THE COURT OF COMMON PLEA5
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 07 - 03209
DONALD A. CERNUGEL,
Defendant
CIVIL ACTION -LAW
IN ANNULMENT
AFFIDAVIT OF CONSENT
1. A Complaint in Annulment under Section 3304 of the Divorce Code was filed on
May 30, 2007.
2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days
have elapsed since the filing and service of the Complaint.
3. I consent to the entry of a final decree of annulment after service of notice of
intention to request entry of the decree.
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 verify that the statements made in this affidavit are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904
relating to unsworn falsification to authorities.
DATE: .?~~ 0
Donald A. Cern~gel
,. ~•
COMMONWEALTH OF PENNSYLVANIA )
\ SS.
COUNTY OF~~~e~~r~ )
Before me, the undersigned officer, a Notary Public in and for said-Commonwealth and County,
personally appeared Donald A. Cernugel, who being duly affirmed according to law, deposes
and says that the facts and matter set forth in the within and foregoing Affidavit of Consent are
true and correct to the best of his knowledge, information and belief.
Affirmed and subscribed to before me this a5'~ day of ~, , 2007.
NOT RY UBL C
My commission expires: (SEAL)
NOTARIAL SEAL
CARRIE JEAN SINGER, NOTARY PUBLIC
LOUVER PAXTOid TWP., DAUPHIN COUNTY
MY COMR4iSSlOP~ EXPIRES SEPT. 7, 2ai0
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Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
SUSAN C. CERNUGEL, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
DONALD A. CERNUGEL,
Defendant
NO. 07 - 03209
CIVIL ACTION -LAW
IN ANNULMENT
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DECREE OF ANNULMENT UNDER
X3304 OF THE DIVORCE CODE
1. I consent to the entry of a final decree of annulment without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before an annulment is granted.
3. I understand that I will not be divorced until a decree of annulment 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 statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
DATE: JJ O.~
Donald A. Cernugel
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COMMONWEALTH OF PENNSYLVANIA )
A ~~ ) SS.
COUNTY OF~ ~,~
Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County,
personally appeared Donald A. Cernugel, who being duly affirmed according to law, deposes
and says that the facts and matter set forth in the within and foregoing Waiver of Notice of
Intention to Request Entry of a Decree of Annulment Under §3304 of the Divorce Code are true
and correct to the best of his knowledge, information and belief.
Affirmed and subscribed to before me this v25 }4'` day of-~_, 2007.
O R UBLI
My commission expires: (SEAL)
NOTARIAL SEAL
CARRIE JEAN SINGER, NOTARY PUBLIC
LOWER I'AXTON TWP., DAUPHIN COUNTY
t~9Y COIViMISSfON EXPIRES SEPT. 7, 2010
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Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
SUSAN C. CERNUGEL, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
DONALD A. CERNUGEL,
Defendant
NO. 07 - 03209
CIVIL ACTION -LAW
IN ANNULMENT
AFFIDAVIT OF CONSENT
1. A Complaint in Annulment under Section 3304 of the Divorce Code was filed on
May 30, 2007.
2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days
have elapsed since the filing and service of the Complaint.
3. I consent to the entry of a final decree of annulment after service of notice of
intention to request entry of the decree.
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 verify that the statements made in this affidavit are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904
relating to unsworn falsification to authorities.
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Susan C. Cernugel
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Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
SUSAN C. CERNUGEL, IN THE COURT OF COMMON PLEAS
Plaintiff
v.
DONALD A. CERNUGEL,
Defendant
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07 - 03209
CIVIL ACTION -LAW
IN ANNULMENT
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DECREE OF ANNULMENT UNDER
X3304 OF THE DIVORCE CODE
1. I consent to the entry of a final decree of annulment without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before an annulment is granted.
3. I understand that I will not be divorced until a decree of annulment 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 statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
DATE: ~S O~
Susan C. Cernugel
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Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717)774-1445
SUSAN C. CERNUGEL, IN THE COURT OF COMMON PLEAS
Plaintiff CUIVIBERLAND COUNTY, PENNSYLVANIA
v.
DONALD A. CERNLIGEL,
Defendant
NO. 07-3209
CIVIL ACTION - LAVV
IN ANNULMENT
STIPULATION
-~
THIS AGREEMENT, made this ~ day of June, 2007, by and between
Plaintiff, Susan C. Cernugel and Defendant, Donald A. Cernugel.
WHEREAS, on March 25, 1999 a wedding ceremony was performed between
Plaintiff and Defendant in Las Vegas, Nevada;
WHEREAS, on Apri127, 2007, Plaintiff learned her marriage was void due to
Defendant's lack of legal capacity to marry her in light of his prior existing marriage and
surviving wife;
WHEREAS, the parties separated upon Plaintiff's discovery of Defendant's legal
incapacity to have married Plaintiff;
WHEREAS, Plaintiff filed a Complaint for Annulment on May 30, 2007; and
1
WHEREAS, Plaintiff and Defendant desire to concur to entry of an Order for
Annulment.
NOW THEREFORE, the parties intending to be legally bound, do agree as
follows:
1) The WHEREAS clauses referenced above are incorporated as material terms
into this Stipulation.
2) The parties agree that a Decree of Annulment in the form attached hereto as
Exhibit A shall be entered as an Order of Court.
3) The parties shall continue to live as if their marriage ceremony on March 25,
1999 had never taken place.
IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering
in to this Agreement with the full knowledge that this Agreement shall be entered as a
court order with the same force and effect as if a full hearing on this matter has been held.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
WITN~SE~:
Barbara Sumple-Sullivan, Esquire
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- Susan C. Cernugel
Donald A. Cernugel
2
COMMONWEALTH OF PENNSYLVANIA )
SS.
CO LINTY OF CUMBERLAND )
Before me, the undersigned officer, a Notary Public in and for said Commonwealth and
County, personally appeared Susan C. Cernugel, who being duly affirmed according to law,
deposes and says that the facts and matter set forth in the within and foregoing Stipulation are
true and correct to~he best of her knowledge, information and belief.
to before me this~`day of , 2007.
Notary~ublic
My commission expires:
ggRBARA SUMPLE-SULLNAN
Notary Publ~
NEWCUMBERLAND BOROUC~I~E~
CUMBERLAND COUNTY
Commission Expires Nov 15, 2007
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF ~~~Q~`~ )
Before me, the undersigned officer, a Notary Public in and for said Commonwealth and
County, personally appeared Donald A. Cernugel, who being duly affirmed according to law,
deposes and says that the facts and matter set forth in the within and foregoing Stipulation are
true and correct to the best of her knowledge, information and belief.
Affirmed and subscribbed to before me this ~~'~ day of Sv N..~ , 2007.
otary Pub ' '
[y fission expires: (SEAL)
NtOTARIAL SEAL
CARRIE JEAN SINGER, NOTARY PUBLIC
LOWER PAXTON TWP., DAUPHIN COUNTY
MY COMMISSION EXPIRES SEPT. 7, 2010
3
Exhibit A
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
SUSAN C. CERNUGEL, 1N THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
DONALD A. CERNUGEL,
Defendant
NO.
CIVIL ACTION -LAW
1N ANNULMENT
11Ff'RFF
AND NOW, this day of , 2007, upon stipulation of the parties
confirming that an alleged marriage had been solemnized between Plaintiff and
Defendant, but was null and void for reasons appearing to the satisfaction of this Court, it
is hereby DECREED and ORDERED that the alleged marriage between Plaintiff and
Defendant was and is wholly and absolutely null and void for all intents and purposes. It
is further DECREED and ORDERED that Plaintiff and Defendant shall be at liberty to
marry again in like manner as if the said alleged marriage had never taken place.
BY THE COURT:
J.
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Barbara Sample-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717)774-1445
SUSAN C. CERNUGEL, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
DONALD A. CERNUGEL,
Defendant
To the Prothonotary:
NO. 07 - 03209
CIVIL ACTION -LAW
IN ANNULMENT
PRAECIPE TO TRANSMIT RECORD
Transmit the record, together with the following information, to the court for entry of a
decree of annulment:
1. Grounds for annulment: Under §3304 of the Divorce Code.
2. Date and manner of service of the complaint: Certified Mail Restricted Delivery on
June 5, 2007.
3. Date of execution of the Affidavit of Consent required by § 3304 of the Divorce
Code: by Plaintiff: August 2, 2007; by Defendant: July 25, 2007.
4. Related claims pending: None.
5. Date Plaintiffs Waiver of Notice in §3304 of the Di a Code was filed with
Prothonotary: August 6, 2007. Date Defendant's Waiver o otice 3304 of the Divorce
Code was filed with Prothonotary: August 6, 2007.
Dated: Au s~2007
Barbara Sample-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717)-774-1445
Supreme Court ID #32317
Attorney for Plaintiff
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717)774-1445
SUSAN C. CERNUGEL, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 07 - 03209
DONALD A. CERNUGEL, :CIVIL ACTION -LAW
Defendant IN ANNULMENT
CERTIFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and
correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned
matter upon the following individual by first class mail, postage prepaid, addressed as follows:
Mr. David A. Cernugel
713 Rockford Drive
Harrisburg, PA 171
DATED: August, 2007
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. No. 32317
Attorney for Plaintiff
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I N THE COURT OF COMMON PLEAS
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ANNULMENT
~~"' ~ , 2007 , IT IS ORDERED AND
AND NOW,
SUSAN C . C~RIWGEL
VERSUS
DONALD A. CERNUGEL
N O. 07-03209
DECREE IN
DECREED THAT
AND
OF CUMBERLAND COUNTY
STATE OF PENNA.
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Susan C. Cernugel PLAINTIFF,
Donald A. Cernugel ~ pEFENDANT,
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; ~~
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717)774-1445
SUSAN C. CERNUGEL, IN THE COURT OF COMMON PLEAS
Plaintiff
v.
DONALD A. CERNUGEL,
Defendant
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0'1- 3 ao9 Ci v~ 1
CIVIL ACTION -LAW
IN ANNULMENT
NOTICE OF INTENTION TO RESUME PRIOR NAME
NOTICE is hereby given that Plaintiff in the above-captioned matter, having been
granted a final decree in annulment on the ~~ day of August , 2007, hereby intends
to resume and hereafter use the previous name of Susan C. Evans and gives this written notice
avowing her intention in accordance with the provisions of the Act of 54 Pa. C.S. §704.
USAN C, CERNUGEL
TO BE KNOWN AS:
SAN C. EVANS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS.
On this, the 16D' day of August , 2007 before me, a Notary
Public, the undersigned officer, personally appeared Susan C. Cernugel, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the foregoing Notice of Intention to Resume Prior Name for the
purposes contained therein.
WHEREOF, I hereunto set my hand and official seal.
NouRw. sou
BARBARA sunn~.suwv~w
Notary PubNo
NEWCUMBERtAND BOROUGH (SEAL)
CUMBERUWD COUNTY
M CommlaElon Expir®s Nov 15, 2007
My Commission Expires:
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