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HomeMy WebLinkAbout07-5460Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA KRISTA N. TOPORCER, :CIVIL ACTION -LAW Defendant IN DIVORCE 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, PA 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. KRISTA N. TOPORCER, Defendant . NO. ~"l _ S~~f~ CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE C~~~~C 1. Plaintiff is Mazc J. Toporcer, an adult individual residing at 57 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Krista N. Toporcer, an adult individual residing at 2311 North Front Street, Suite 112, Harrisburg, Dauphin County, Pennsylvania 17110. 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 5. 28, 2005). The Plaintiff and Defendant were mazried on Mazch 17, 2004 in Las Vegas, Nevada. There is one (1) child born of this marriage being Bailey N. Toporcer (Born: October 6. The parties sepazated on June 15, 2007. 7. There have been no prior actions for divorce or annulment between the parties. 8. 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. 9. Plaintiffhas been advised that counseling is available and that Plaintiffhas the right to request that the court require the parties to participate in counseling. COUNT I -DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint aze incorporated herein by reference thereto. 11. The mamage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 of the Pennsylvania Divorce Code. FAULT 12. The averments in paragraphs 1 through 11, inclusive of Plaintiffs Complaint aze 2 incorporated herein by reference thereto. 13. Plaintiffis the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to his so as to make his life burdensome and his condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiffrequests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Mazc J. Toporcer, prays this Honorable Court to enter judgment: . A. Awazding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and C. Awarding other relief as the Court deems just and reasonable. Dated: September ~, 2007 Barbaza Sample-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717)774-1445 Supreme Court I.D. No. 32317 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. KRISTA N. TOPORCER, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT REGARDING COUNSELING 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 Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: ~ Kbe~ ~ ~7 C J. T POR ER Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. KRISTA N. TOPORCER, Defendant . NO. CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, MARC J. TOPORCER, hereby certify that the facts set forth in the foregoing Pleading 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: S ~R (Qi Z~~ MARC . TO RCE ~ w b ~0 Q d b y ~ s. ~ t~r++ s*~ _"} ~ .-~ I;.~ G > = _', ~' L~i --1 .~_' ~_~ ~ ~ ~~ ;~~ `U MARC J. TOPORCER, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07 - 5460 KRISTA N. TOPORCER, :CIVIL ACTION -LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Courtney Kishel Powell, Esquire, attorney for the above-named Defendant, accept service of the Complaint in Divorce on behalf of my client, Krista N. Toporcer. Date: Q ' ~ q Courtney Kish~l ~'owell, Esquire James, Smith, tterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorney LD. #81509 (717) 533-3280 ° r.~ --•+ .-,. art r_{ ...Q _ r ~ -~y ~r ~] ~ ~" `' ' ~ ; t ~ C~~ ~ ~~ W ...! =~; ~~. COL~i Or COMMON ?I,E.~ GF CL'vBEnL4ND COUNT, PS~'v`~,i~i4 MARC J. TOPORCER, Plaintiff vs. KRISTA N. TOPORCER, X70. 07 - 5460 MOTION rOR APPOL'~TT_~VT OF ~L4STER . -Marc J. Toporcer (Plaintisf) ;"____~~_;, moves the court to appoint a master with respect to the follow~_n.g claims: (X) Divorce ( ) Distribution of Property ( ) Annulment ( ) Support ( ) 3..].imony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Y.~enses and in support o= the motion states: (1) Discovery is complete as to the claims (s) for which tie appointment of a caster is rev_uested. (2) The defendant (has) ~-~---.r--~--~) aapeared in tie ac*_ion ~-a---^--^~'--~ (by Y~r' attorney, Courtne y Kishel Powell,- ,Esquire). ' ' (3) The staturory ground.(s) for divorce {~ (are) 3301(a)(6~, 3301Ic~ anr~ ~ ~(11 (r~ ) (4) Deletes tae inapalicable paragraph(s): (a) The action is not contested. (b) Aa agreement has beQn r~cZed with respect to the following claims: (c) The action is contested with respect .o tZe fellow~~~ chits (5) The action (-~ (does not involve) complete issues of Zaw or ac (5) Tae hearing is espectea to take One (1 ~) (days). (7) Additional informa.tioa, it any. rely' a to _ e~ot' on: Date: October /~ .2007 ~Sttor',c~-erg (~laiatr ~ ) v - ORDER ~~POLYTL~iG `i~~Barbara Sump ~ ,Esquire 4ND IOW ,19 , Esquire, is appointed aast°_r with respect to tae follow-iag claims: By the Court: J ;~ ~ ~" c~ ~ ~ r ~; ~? F ~' c~ -~--- ~. ~ r- ~G" ~ ` ~ ` , µ~C~ n~ ~`. ~~ ~ ' Z ~ =V ~ COURT" OF CO?~ON PLW~a OF U CLi~BEtZL~ND COUN'Ty , PSG °v`3t11_~ cc~ Y ~zoo~ ~~ MARC J. TOPORCER, Plaintiff vs. KRISTA N. TDPORC~Ei2, N0. 07 - 54.60 yfOTION rOR APFO~T~YT OF TMI.4S'I'ER Marc J. Toporcer (Plaintiff) (-Be~ca~, moves the court to appoint a master with respect to the Tollow.:.n.g claims (X) Divorce ( ) Distribution of Property ( ) Atlaulment ( ) Support ( ) Alimony ( ) Counsel Fees A1.imony Peadenta Lite ( ) Costs and ?menses and in support of u'~e motion stztzs: (?) Discavery is complete as to the claims (s) Tor waich the appointment of a aast~r is requested. (2) The defendant (has) ~'-~---`~) aapeared iA the ac*_ion r.,=..-~~~~,.,~ (by ~ attorney, Courtnev Kishel Powell.. ,isquire). (3) The staturory graund;s) Tar divorce (~ (are) 3301(a)(6t 3301 (c) and ~~n~(~ ) (4) Delete the iaappiicable paragraph(s): (a) The action is not coat~ted. (b) 4n ao Bement has been .=ached with respect to *_he Tollow-ln~ claims: (c) The act_oa is contested w^.th respect .o tze Teilow;~o claims: (3) The action (_ -_'_-_ _t; (noes not involve) comrles issues of ?aw o~ ac: (6) The hearing is expected to take One (1 ";(~e~-3 (days). (7) Additional information, i nay. vela a to _e emotion: Date: October /~ 2007 ORDER master with respect to the Earbara Sump~~7ii, i~ . _ i Esquire '~ ~- ~. .. ~~ , ..r ,.r:. _! ~ '~i ~ ~C~ "y~ i.' : FCi ~'~ W '~ ~,;. ~ ~ ~ `~ 4 -..~" y ' ~ ~ ;. ~.~y 'f~.c -...~ ~ ~ t ~^' ' ~"~'~' J _... ~ ~ n ,,~ _ ~ , k~ _. T~.:~ ~ .. t ~ C..~'., ~,,. _ `~ ~+ c.7 r» `, O~ Courtney Kishel Powell, Esquire Attorney I.D. No. 81509 James Smith Dietterick & Cormelly, LLP P.O. Box 650 Hershey, PA 17033 MARC J. TOPORCER, Plaintiff v. KRISTA N. TOPORCER, Defendant 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 5460 CIVIL ACTION -LAW IN DIVORCE MOTION TO WITHDRAW AS COUNSEL AND NOW, this 21 `j' day of December, 2007 comes the above named Petitioner, Courtney K. Powell, Esquire, and the law firm of James, Smith, Dietterick & Connelly, respectfully requests this Honorable Court to grant this Mation to Withdraw as Counsel in the above-captioned matter and in support thereof avers the following: 1. Petitioner is Courtney K. Powell, Esquire, of James, Smith, Dietterick & Connelly, LLP, located at 134 Sipe Avenue, Hummelstown, Pennsylvania 17036. 2. Respondent is Krista N. Toporcer, who's last known address is 104 November Drive, Apartment 3, Camp Hill, Pennsylvania l 7011. 3.On or about June 29, 2007, Defendant retained undersigned counsel to represent her in the above-captioned matter. 4. Since that time, undersigned counsel has had difficulty maintaining regular contact with Defendant via telephone and/or written correspondence. Undersigned counsel has written letters to Defendant which have been returned, and has left several messages for Defendant to call, but Defendant has not responded. 5. On or about November 2, 2007, undersigned counsel advised the Defendant of her intentions to withdraw if she could not maintain proper communication with counsel. 6. Counsel has not had any contact with Defendant since that date, although undersigned counsel has made attempts. 7. Pursuant to Pa.R. Prof. Conduct l .16(b)(5), "a lawyer may withdraw from representing a client if the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is filled." 8. Pursuant to Pa.R. Prof. Conduct 1.16(b)(l ), a lawyer may withdraw from representing a client if it can be accomplished without adversely affecting the interests of the client. 9. A hearing is scheduled before the Divorce Master for Apri12, 2008 and the Defendant will have ample time to secure counsel to represent her in this matter. 10. Undersigned counsel has discussed this motion with opposing counsel Barbara Sumple-Sullivan, Esquire, who does not oppose this motion. WHEREFORE, the undersigned counsel respectfully requests this Honorable Court permit her and the law firm of 3ames, Smith, Dietterick & Connelly, to withdraw as counsel on behalf of the Defendant in this matter. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ( By: ~ _ ^ Courtney Kishel Pow 1, Esquire Attorney I.D. #8l 509 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 VERIFICATION I verify that the statements made in this Petition 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. Date: ~ Z G~ Courtney Kishel P ell, Esquire, Petitioner MARL J. TOPORCER, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v• : NO. 07 - 5460 KRISTA N. TOPORCER, :CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Courtney Kishel Powell, Esquire, of James, Smith, Dietterick & Connelly, LLP, hereby certify that I have served a copy of the foregoing Motion to Withdraw as Counsel on the following on the date and in the manner indicated below: VIA U.S. MAIL, FIRST CLASS, PRE-PAID Krista N. Toporcer 104 November Drive Apartment 3 Camp Hill, PA 1701 l Dated: 2~ By: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 3AMES, SMITH, DIETTERICK & CONNELLY, LLP ,. Courtney Kishel owell, Esquire Attorney I.D. #81 09 P.O. Box 650 Hershey, PA 17033-0650 (717)533-3280 C~ C Q ., .,._, ~ ~ ~;~ A "';_ .. ~, ~ s. /~'1 (", j _ ~3 i ~~"-~ 5 ~7 . - µ.~ ~i v ~ .,,,, ~ °° ~. ~ c ~ a~ .~' ~ ~ " ~c^1l a~ i" W r V n- N L N ~ q 'Ip . 7 d a. -••~ N Q '~ ~, +' ~ ~ O ~ ,,,,,,,,, ~U ~ -- .n ?' ~+ ~ ~ ~ ~' "C3 3 4 ,~j G G ~ ~ 7 • O ~ +U +- N ~ 1 O ~ ~ ~ ~ ~~ ~~ E ~ ~ --~ ~' tea, ~ ~ ~. ~ '~/ ~ ~ ~ ~? Kt y $, N ~~ ~~, .~ ~ '~ tJ ~ ~ ~~ ~ J ~... o ° ~ ~ a~ m `- a ---z 6 ~ N ~ ~ Z Q b ~ L G O .N 7+ ` ~~ ~ ~ 9 ~ ~ ~ a~ ~ 4 v ~~ ,r ~ ~ ~ S ~ ~ ~ ~ a ~ ~ ~ " ~ zs ~ ~ 4- ~ :v . ~ ~ ~~ -. N ~ N O p "ry _C~ ~'* ° { ~~ !"., 2~ <'~j ~~}' .... J C'' " "" - - . ~ .-~- ' 5 7 ~ r"- j '? 1 ~ .•`- C~ Gnu r -~` f7 j cm ~ ~ "~ Courtney Kishel Powell, Esquire Attorney 1.D. No. 81509 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 MARC 3. TOPORCER, Plaintiff v. KRISTA N. TOPORCER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 5460 CIVIL ACTION -LAW IN DIVORCE AMENDMENT TO MOTION TO WITHDRAW AS COUNSEL AND NOW, this 17`t' day of January, 2008 comes the above named Petitioner, Courtney K. Powell, Esquire, and the ]aw firm of James, Smith, Dietterick & Connelly, and files this Amendment to Motion to Withdraw as Counse] as follows: No Judge has ruled on any other issue in this matter to date. WHEREFORE, the undersigned counsel respectfully requests this Honorable Court permit her and the law firm of James, Smith, Dietterick & Connelly, to withdraw as counsel on behalf of the Defendant in this matter. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 1 1~ By: Courtney Kishel o ell, Esquire Attorney I.D. #81 P.O. Box 650 Hershey, PA ] 7033-0650 (717)533-32$0 .. MARC J. TOPORCER, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07 - 5460 KRISTA N. TOPORCER, :CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Courtney Kishel Powell, Esquire, of James, Smith, Dietterick & Connelly, LLP, hereby certify that I have served a copy of the foregoing Amendment to Motion to Withdraw as Counsel on the following on the date and in the manner indicated below: VIA U.S. MAIL FIRST CLASS PRE-PAID Krista N. Toporcer Barbara Sumple-Sullivan, Esquire 104 November Drive 549 Bridge Street Apartment 3 New Cumberland, PA 17070 Camp Hill, PA 17011 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: l/~ By: r' Courtne shel Powell, Esquire Attorney I.D. #81509 P.O. Box 650 Hershey, PA 17033-0650 (717} 533-32$0 ~?? `-=i ._, ~ , ..- ' Y~',, ~,<. °a ~"~ '2 .--- ~- ~^ ~~~ ~ `~ 200 MARC J. TOPORCER, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COtTNTY, PENNSYLVANIA v. : NO. 07 - 5460 KRISTA N. TOPORCER, :CIVIL ACTION -LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 1 ~~ day of w,,, ~ 200 8, upon consideration of the Motion to Withdraw as Counsel, it is hereby ORDERED and DECREED that Courtney Kishel Powell, Esquire is granted leave to withdraw as counsel for Defendant, Krista N. Toporcer. BY THE COURT: ~~~ }~ ~~ ~~ ~j- )'~~,~'~ s~,~dQ~ . r . , ~ - ~ .,~-, . _. ;, ~„ ` I~ ~' 7 4'i v ,iuG~:., Bo~.s'C ~ I } ~~ .. ,•~.,_. ` v. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MARC J. TOPORCER, Plaintiff v. KRISTA N. TOPORCER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07 - 5460 CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file aCounter- affidavit within TWENTY (20) DAYS after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 OF THE DIVORCE CODE 1 • The parties to this action separated on June 15, 2007, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning spousal support, alimony, division of marital property, attorneys' fees or expenses if I do not claim them before a divorce is granted I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S.A. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATED• 2009 C MA C J. TO ORC R ar ara ump e- u rvan, squire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 X717)774-1445 MARC J '~~- _ _ _ _ 1 vrvKl;r;K, Plaintiff v. KRISTA N. TOPORCER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 5460 CIVIL ACTION -LAW IN DIVORCE F 1. 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): _ (I) 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 ofproperty, lawyer's fees or expenses or other important rights. I 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 maybe entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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. Dated: 2009 Krista N. Toporcer, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. FlLE~D-F;~r";=SCE QF THr p~C ~-~!,~?~,t~TARY 209 Jt1~1-9 PM I2~ 38 CllE~~~:~ ~-~.~~~~ ~~UN±Y ~~N~~S~`LVfA r Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. KRISTA N. TOPORCER, Defendant NO. 07 - 5460 CNIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sample-Sullivan, Esquire, do hereby certify that I served a copy of the Plaintiff s Affidavit Under Section 3301(d) of the Divorce Code in the above-captioned matter by United States Mail, Restricted Delivery, Certified Mail No. 7008 0150 0002 5289 7248, Return Receipt Requested, on the above-named Defendant, Ms. Krista N. Toporcer, on July 13, 2009 at Defendant's last known address: c/o Montana State Hospital, 300 Garnet Way, Warm Springs, MT 59756. 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. §4904 relating to unsworn falsification to authorities. Dated: July 17, 2009 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 r- ~ - - RJ ~ - - ~' IU ~.; .. ; ~ Postage $ ~ Certified Fee -' 4 \~ + ,r ~ Retum Receipt Fee / ~ (Endorsement Required) - ' 1 p Restricted Delivery Fee (Endorsement Required) 1 i 1 1 i 4 Total Postage & Fees $ - L' 1`i R` ~ ~ / ~ ant o : ~ U---"~'~ ~1t1'~4,t1 u~ - S- --_ .._ - ` ~1 t6 P ._.. ~-- O ~ S tieef, Apt: IVo or PO Box No. 30~ a~c~~ -- ----- City, Stets, ZIP+4 ---°-'°-------- ^ Complete Items 1, 2, and 3. Also complete Nam 4 H Restr-ctad DeNvery le desired. ^ Print your name and add-+esa on the reverse ao that we can rertum the card to you. . Attach the card to the beds of the nlallplece, or on the front ff spaces permits. ' 1. ARicle Addressed to; G~ b ~ D(1~4'(lu. ~J~~+~e a 3b~ C1~~~~~~ `~~~~~~g~~ mT -- -- ~~'15(p a ~ x,-~.~.4 ~- & Ftecelved bN (PrltrEed Narrte) C. d D. b delivery address drkrertt hum Pbem 1? ~ BYES. enter delivery eddreea below: 0 ~` ~.: ~ i c«tinsd Mar v E>~ Mar p wq~se D wtl^rt wotrlpt hx MaoltendUe O lrtm„red Mar O c.o:D. a ~- ~ws ~''Niir1ber 7DD8 D15D DDD2 5289 7248 (rh~ane- hom setvroe lsbeq Pg Form 3811, FNxuary 2004 Dorr^etlc warm wotript ,o¢t>~oa--e.,a,o EXHIBIT "A" ~~}-~t'r#~~ 4~ 1i~ PRvT?-a.C~f~fC?TAF~Y z~o~ ~~~ ao ~ z= ~;~ CUM~3,a:`w~~~ ti,~JUi~T'r #~~Y~i~fi~l~ ~; ara ump e- van, sgwre Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.07 - 5460 KRISTA N. TOPORCER, :CIVIL ACTION -LAW Defendant IN DIVORCE COITNTER-AFFIDAVIT UNDER SECTION 3301(dl OF THE DIVORCE CODE 1. 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): (I) 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 ro , la er's fees P Ply ~'3' or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all ofmy 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 maybe entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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. Dated: 2009 ~ sta N. Toporcer, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. ~F Si t~ ['C~~rk L ~t~'("'i~t"V_i~ 2G~9 ~lJ~ ~~ ~I~i ~~ 22 Bazbaza Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MARC J. TOPORCER, Plaintiff v. KRISTA N. TOPORCER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 5460 CIVIL ACTION -LAW IN DIVORCE MOTION TO REVOKE APPOINTMENT AND NOW, comes Plaintiff, Marc J. Toporcer, by and through his attorney and files this Motion to Revoke Appointment of Master and, in support thereof, avers as follows: 1. Petitioner is Marc J. Toporcer, an adult individual who currently resides at 57 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Krista N. Toporcer, an adult individual who currently resides at 1335 Wyoming Street, Missoula, MT 49801. 3. E. Robert Elicker, II, Esquire, was appointed in the above-captioned action in divorce on or about October 17, 2007, upon motion of Marc J. Toporcer, solely for the purpose of determining grounds for divorce. 4. Two (2) years has since expired since the parties' separation and hearing by the Master on the issue of divorce is no longer necessary. 5. The Motion Appointing the Master was signed by the Honorable Edgar B. Bayley. WHEREFORE, Petitioner, Marc J. Toporcer, respectfully requests this Honorable Court to revoke the appointment of E. Robert Elicker, II, Esquire, as Master in the above- captioned case. Dated: August 28, 2009 `t~areara ~ump~e-~uttivan, esquire ~ Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Attorney for Plaintiff Respectfully submitted, Bazbaza Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MARC J. TOPORCER, Plaintiff v. KRISTA N. TOPORCER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07 - 5460 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served the Motion to Revoke Appointment of Master, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Ms. Krista N. Toporcer 1335 Wyoming Street Missoula, MT 49R()1 DATE: August 28, 2009 ~ Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 ~{Li..iJ'...f~ 1'-.-~~r~~ A v ~~ ~ir~ i t .! ti~}! 3`r~ 1 S~p"f`~ , ~~~~ ~~ ~t~ ~• ~4 v MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTA N. TOPORCER, DEFENDANT 07-5460 CIVIL TERM ORDER OF COURT AND NOW, this day of September, 2009, the only issue having been submitted in the motion of plaintiff for the appointment of a Divorce Master being grounds for divorce, and two years of separation having been completed, the motion of plaintiff to revoke the appointment of the Master, IS GRANTED.' ~ Barbara Sumple-Sullivan, Esquire For Plaintiff Krista N. Toporcer, Pro se 1335 Wyoming Street Missoula, MT 49801 By th~,Court, / .•~/, Edgar B. Bayley, J. E. Robert Elicker, II, Esquire - ~ ~~c~4.. r~ i t, Divorce Master :sal Q~31 D9 ~/'~ On July 20, 2009, plaintiff filed an affidavit under Section 3301 (d) of the Divorce Code seeking the entry of a final decree in divorce. Defendant filed acounter- affidavit indicating that she did not oppose the entry of a divorce decree but wished to "claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights." Defendant has not raised any economic claims in a counterclaim. She may still, however, pursuant to Pa. Rule of Civil Procedure 1920.15(b), file a "petition raising any claims which under the Divorce Code may be joined with an action of divorce ...." If defendant wishes to preserve any claims for economic relief we direct that within thirty days from this date she file such a petition. Under any circumstances, plaintiff shall not move for the entry of a final decree in divorce until such thirty days has passed. 200q SEP --3 ~ d ~ ~ Cts~ ~ ~;:.:. ~ ~~F~d~``I !` Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.07 - 5460 KRISTA N. TOPORCER, :CIVIL ACTION -LAW Defendant 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 §3301(d) of the Divorce Cody. 2. Date and manner of service of the complaint: Acceptance of Service by Defendant's prior counsel on September 19, 2007. 3. Date of the execution of the affidavit required by §3301(d) of the Divorce Cade by Plaintiff: June 1, 2009; Date of filing and service of the Plaintiff s affidavit upon the Defendant: filed on June 9, 2009 and service made on Defendant on July 13, 2009. 4. Related claims pending: None. 5. Date and manner of service of the notice of intention t e praecipe, a copy of which is attached: Dated August 5, 2009 and served upon Defendant b e ifiedon August 11, 2009. Dated: October 5, 2009 Barbara Stn'tfle-Sullivan,~sc sire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff 4 ~, LAW OFFICES BARBARA SUMPLE - SULLIVAN' 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 170 70-19 51 PHONE (717) 774-1445 FAX (717) 774-7059 August 7, 2009 CERTIFIED MAIL-RESTRICTED DELIVERY CERTIFICATE NO. 7008 0150 0002 5289' 7309 Ms. Krista N. Toporcer c/o Montana State Hospital 300' Garnet Way Warm Springs, MT 59756 Re: Marc J. Toporcer v. Krista N. Toporcer Docket No. 07-5460 /Cumberland County Dear Ms. Toporcer: Since you have not filed any Counter-Affidavit or Answer to the Divorce Complaint, enclosed constituting service on you is a Notice of Intention to Request; Entry of the Divorce Decree Under 3301(d) of the Divorce Code. You have twenty (20) days to raise any claims for economic relief by filing for same at the Prothonotary's Office. I am enclosing the Counter-Affidavit once again for your completion, if you so desire. If you do not file any claims by August 27, 2009, I will be praeciping the Court for entry pf the Divorce Decree. If you should have any questions, please do not writing. BSS/as Enclosure c- 0 m 0-' m u'1 Bart o 0 0 ra 0 to contact my office in Retum Racefpt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) ---cc: __ -Mr. Marc J._To orcer _w/encl ---- --- --- _ ___ °o - -~- ,-a~~.-~'v_rriana__~--~r- -- - ~ or Po Box No. 300 ~ arn.et ----------------------------------------------- T~=y----:75~--------------.. ~~. ~, ~lp,rf!'Yl S r i S M Sq • • Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.07 - 5460 KRISTA N. TOPORCER, CIVII, ACTION -LAW Defendant IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 3301(d) To: Ms. Krista N. Toporcer c/o Montana State Hospital 300 Garnet Way Warm Springs, MT 59756 You have been sued in an action for Divorce. You have failed to answer the Complaint or file a Counter-Affidavit to the §3301(d) Affidavit. Therefore, on or after August 27, 2009 the other party can request the Court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court an Answer with your signature notarized or verified or aCounter-Affidavit by the above date, the Court can enter a final decree in divorce. A Counter-Affidavit which you may file with the Prothonotary of the Court is attached to this notice. Unless you already have filed with the Court a written claim for economic relief, you' must do so by the date in the paragraph above, or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form Counter-Affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BA SSOCIATION 2 LIBERTY AVE - Carlisle, Pennsylva a 17 1 (717) 249- 66 - " ~ „ DATE: August 7, 2009 Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 .. ,r' / ~ ~ • • Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171 774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07 - 5460 KRISTA N. TOPORCER, :CIVIL ACTION -LAW Defendant 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 §3301(d) of the Divorce Cbde. 2. Date and manner of service of the complaint: Acceptance of Service by Defendatxt's prior counsel on September 19, 2007. 3. Date of the execution of the affidavit required by §3301(d) of the Divorce Code by Plaintiff: June 1, 2009; Date of filing and service of the Plaintiffs affidavit upon the Defendaint: filed on June 9, 2009 and service made on Defendant on July 13, 2009. 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe, a copy of which is attached: Dated August 5, 2009 and served upon Defendant by Certified Mail on Dated: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Defendant • • Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYL~i'ANIA v. NO. 07 - 5460 KRISTA N. TOPORCER, :CIVIL ACTION -LAW Defendant IN DIVORCE 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-optioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Ms. Krista N. Toporcer c/o Montana State Hospital 300 Garnet Way Warm Springs, MT 59756 DATED: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff • • Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v• NO.07 - 5460 KRISTA N. TOPORCER, :CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Notice of Intention to Request Entry of Divorce Decree, in the above- captioned matter upon the following individual(s), by United States Certified Mail -Restricted Delivery, Certificate No. 7008 0150 0002 5289 7309, postage prepaid, addressed as follows: Ms. Krista N. Toporcer c/o Montana State Hos„~~~' 300 Garnet Way Warm Springs, MT 5! DATE: August 7, 2009 Ua.iuaia ouiiiptc-~ulllvan, r,SClulre 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court LD. 32317 Attorney for Plaintiff USI'S -'"i~rac~k+S`iConfirm http://trkcnfiml .smi.usps.com/PTSInternetWeb/InterLabeIInquiry.do G~PN'J7~tSTd?'E~ ~~~`~~"~ Home I el I Si n In ._ ~_. ~. Track & Confirm FAQs Track & Confirm Search Results Label/Receipt Number. 7008 0150 0002 5289 7309 Class: First-Class Mail® Service(s): Certified Mail'^ Restricted Delivery Return Receipt Status: Delivered Your item was delivered at 12:54 PM on August 11, 2009 in MISSOULA, MT 59801. Detailed Results: ^ Delivered, August 11, 2009,12:54 pm, MISSOULA, MT 59801 ^ Forwarded, August 10, 2008, 2:58 pm, WARM SPRINGS, MT ^ Notice Left, August 10, 2009, 8:22 am, WARM SPRINGS, MT 59756 * Acceptance, August O7, 2009, 4:22 pm, NEW CUMBERLAND, PA 17070 T€ack & Corrfarrn Enter LabeVReceipt Number. Go ~~,, N~tiftcatitm Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email t3~~ s ~... ~. ~~ Site Mao Customer Service Forms Gov't Services Careers Privacy Policy Terms of Use Business Customer Gateway Copyright© 2009 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA ~ , 1 of 1 8/26/2009 4:36 PM .'- Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07 - 5460 KRISTA N. TOPORCER, :CIVIL ACTION -LAW Defendant IN DIVORCE 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: Ms. Krista N. Toporcer 1335 Wyoming Street Missoula, MT 49801 DATED: ~~ ~ (~ narua.ra auiiipiC-auiiivan, r,squire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff Cif THE ~C}~NC~T~ zoos ac r -s ~~ i i: 2 s PEN~~SYLV,~NN~A MARC J. TOPORCER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTA N. TOPORCER, DEFENDANT 07-5460 CIVIL TERM ORDER OF COURT AND NOW, this ~~ day of October, 2009, upon the oral motion of Krista N. Toporcer, the time period for filing a petition raising any claims which under the Divorce Code may be joined with an action of divorce is extended to October 16, 2009. Barbara Sumple-Sullivan, Esquire For Plaintiff .i Krista N. Toporcer, Pro se 2406 Spurgin Road Missoula, MT 59801 sal ~tES ~~~~ /D`lol D`~ ~~ ~1(.~t.r~t~=± i Q~ 7i-tE ~~1 i ~a`'~'}TF~Y aoo~ oc~ -s ~~ lo: o0 MARC J. TOPORCER V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTA N. TOPORCER NO 07 - 5460 DIVORCE DECREE AND NOW, ~ ~ - ,pit is ordered and decreed that MARC J. TOPORCER plaintiff, and KRISTA N. TOPORCER ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Cyourt Att t: ~J. -) Protho otary