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HomeMy WebLinkAbout07-3436HAROLD S. IRWIN,111, ESQUIRE ATTORNEY ID NO. 29920 " SOUTH PITT STREET CARLISLE PA 17013 (717) 2434MM ATTORNEY FOR PLAINTIFF SAMUEL R. PALUMBO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2007 - 3 CIVIL TERM SUSAN K. PALUMBO, 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 SAMUEL R. PALUMBOr PlaintHf V. SUSAN K. PALUMBOl Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 110.2007 - --414 3 ?* CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(d) 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 SAMUEL R. PALUMBO, an adult individual whose address is 1039 South Mountain Road, Dillsburg, York County, Pennsylvania 17019. 2. The defendant is SUSAN K. PALUMBO, an adult individual residing at 334 Fairview 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 parties were married on August 20, 1983, in York County, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(d), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken and that the parties hereto have lived separate and apart for a period of at least two years. The parties have lived separate and apart since January, 1997. 6. The plaintiff avers that he 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. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as your Honorable Court may deem equitable and just. I verify that the statements made in this complaint 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. June 11, 2007 SAMUEJ? R. LUMBO, Plaintiff HAROLD S. IRWIN, II Attorney for plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 n N t. W _ , ,;,C f l 7 ' W = r ' `? i ryy rc? ?I F SAMUEL R. PALUMBO, : IN TIME COURT OF COMMON PLEAS OF PlalntM : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2007 - 34o CIVIL TERM SUSAN IL PALUMBO, ; Defendant : IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-aff idavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in January, 1997, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 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. of 4904 relating to unswom falsification to authorities. June 11, 2007 SAMUEL R. P LUMBO, Plaintiff ono L 6'jQ I 1 tlfl LOOZ SAMUEL R. PALUMBO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO.2007- 3y3( CIVIL TERM SUSAN IL PALUMBO, ; Defendant : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or (both): W The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. In understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. 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 SUSAN K. PALUMBO, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make a claim for economic relief, you need not file this counteraffldavit. LS•I ?'ul II N'Ar«0l AUVik"'N' ,,, ! ?:1 ?d Hi ?Q 3131 W e HAROLD S. IRIVIN,111, F"U1RE ATTORNEY IS NO. 211020 04 SOUTH PITT STREET CARLISLE PA 97013 (717) 243.16000 ATTORNEY FOR PLAINTIFF SAMUEL R. PALUMBO, Plalintfff V. SUSAN K. PALUMBO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAIN : NO. 2007 - 3436 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: 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 June June 12, 2007, addressed to the defendant at 334 Fairview Street, Carlisle, PA 17013, Certified Mail No. 7007 0220 0002 2522 2250. 3. A copy of the sender's and signed receipt are 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 unswom falsification to authorities. / June 14, 2007 Harold S. Irwin, III Attorney for plaintiff 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 w 10 C3 .. ?. ?. . • • . Ln ru F d li very or e ru ru Ln (?' \ Postage $ r1.i G.ifi d F e ee C3 O Return Receipt Fee r Postmark Here 0 (Endorsement Required) r-3 Restricted Delivery Fee O (Endorsement Required) r ru Total Postage & Fees $ S O r? Sent To C3 Sheer, Apt. WU --- . --------• ' or po Box No. Clry, State, ZIB+4 •?r ¦ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. X ¦ Print your 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. 1. Article Addressed to: D see Qfi of fiery by1(Printed Name) C. _ Is delivery address different from item 1? U yes If YES, enter delivery address below: ? No SUSAs3 R PALUMBO I 334 .FAIRVIEW ST C ATL I S LE PA 1 7 01 3 3. Service Type VilCertlfled Man ? Express mail Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7007 0220 0002 2522 2250 (Transfer from service label) PS Form 3811, February 2004 Domestic Rehm Receipt 102595-024A-1540 -E, l(3 C-n ? ?4 (J -t SAMUEL R. PALUMBO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2007 - 3436 CIVIL TERM SUSAN K. PALUMBO, Defendant : IN DIVORCE AFFDAVIT OF CONSENT 1. complaint in 200x7. under of the complaint of the made upon defendant Code alnt on Jule matter 12, 2007 (see about June 11, 20 affidavit of service previously filed. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended 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. November21, 2007 S N K. PALUMBO WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. 1 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. November 2d, 2007 AN K. PALUMB ?..? ?.? ` ? = ? -?:. ?? .. =?-? v ? ?-?; SAMUEL R. PALUMBO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2007 - 3436 CIVIL TERM SUSAN K. PALUMBO, : Defendant : IN DIVORCE AFFDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about June 11, 2007. Service of the complaint was made upon defendant on June 12, 2007 (see affidavit of service previously filed). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended 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. December/0, 2007 cza SAMUEL . PALUMBO WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (D) 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. 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 authorities. December /d, 2007 SA EL R. PALUMBO v gg- HAROLD S. IRWIN, III, ESWIRE ATTORNEY ID NO. 220 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6050 ATTORNEY FOR PLAINTIFF SAMUEL R. PALUMBO, Plaintiff V. SUSAN K. PALUMBO, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 3436 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 June 12, 2007 defendant was personally served with a copy of the divorce complaint (see Affidavit 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: December 10, 2007 By the defendant: November 27, 2007 (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: December 1;, 2007 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: November 30,,2007 December 17 2007 (,?°' ?' HAROLD S. IR IN, III Attomey for Plal ff r-4 SAMUEL R. PALUMBO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. SUSAN K. PALUMBO, DaNndant : CAVIL ACTION - LAW : NO. 2007 - 3436 CAVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, SUSAN K. PALUMBO, defendant in this matter, hereby certify that I accepted service of a certified copy of the complaint in this divorce on or about June 12, 2007. I verify that the statements made in this acceptance of service 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. v v I- ,3 , D66 AN K. PALUMBO fic b?-- .aa f-T) :s crl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SAMUEL R PALUMBO Plaintiff NO. 2007 - 3436 CIVIL TERM VERSUS SUSAN K. PALUMBO Defendant DECREE IN DIVORCE AND NOW, pIT IS ORDERED AND DECREED THAT SAMUEL R. PALUMBO PLAINTIFF, AND SUSAN K. PALUMBO I 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 PROTHONOTARY . ? ? ??,.,3n., ?aye-,per ?. .?' -/ ? ?.