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HomeMy WebLinkAbout07-5462 KEVIN J. HARTUNG, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. _ 6~-1002 _l , ~ y t.1 TecM HANNAH HARTUNG, :CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, 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 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 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 Courtney Kishel Powell, Esquire Attorney for Plaintiff KEVIN J. HARTUNG, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 0 9- SWIG Z HANNAH HARTUNG, :CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary KEVIN J. HARTUNG, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07 - Sy4 aL Cunl ~,ur- HANNAH HARTUNG, :CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiffis Kevin J. Hartung, social security no. 186-62-2522, who currently resides at 6165 Haymarket Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Hannah Hartung, social security no. 195-62-1864, who currently resides at 39 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiffand Defendant were married on Apri121, 2003 in the Caribbean. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. The parties to this action have been separated since June 30, 2004. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiffrequests the Court to enter a Decree in Divorce. 11. This action is not collusive. WHEREFORE, the Plaintiff requests the Court to enter a Decree in divorce dissolving the marriage between the Plaintiff and Defendant. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ~ ` ~ ` U~ By: Courtney Kishel well, Esquire Attorney LD. #8 9 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff Kevin J. Hartung VERIFICATION I, Kevin J. Hartung, verify that the statements made in the foregoing Divorce 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. Date: _ - --~"" evin J. g ~' ~ ° ~a t~1 v ~ ~-~.' -~ ~_ oho '~` ~'~.=; .r ~~ ~ o ~~% D ~-- N KEVIN J. HARTUNG, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07-5461 HANNAH HARTUNG, :CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. AND NOW, this 26`'' day of September, 2007, personally appeared before me, a Notary Public in and for the State and County aforementioned, Courtney Kishel Powell, Esquire, who, being duly sworn according to law, deposes and says that a copy of the Divorce Complaint was served on the Defendant, Hannah Hartung, on September 25, 2007, by certified mail number 7006 2150 0004 2693 6458, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed before me this day of September, 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal public Maria B. LaRue, Notary Derry Twp•, Dauphin County My Commission txpires Nov. S, 2009 Member, Pennsylva^.~a Asso.-i~•t'o~ of Notaries '0 Courtney Kishel P ell, Esquire '~ ^ Complete Items 1, 2, and 3. Also complete item 4 if ResMcted Delivery is desired. ^ Print your name and address on the reverse so#hat we can return the card to you. ^ Attach this-card to the back of the mailpiece, or on the front ff space permits. 1. Article Addressed to: ~annc~h ~~R~u~g 3 ~ ~e.e~e.c W A~ t`~e ~h~h ~ c s b~c~ C. date of Delivery 13 delivery address d Prom item 1 ff YES, enter deli rasa bebw: D ~ HLa~, S~ 2 5 2001 ~ ~~ 1b.. CerYfled Mail ^ E~rese Mail ~ Registered O Retum Receipt far Merdrerrdiee 0 Insured Mali O C.O.D. Il 5 ~ a. Restricted Danvers? (Extra ree) w., 2" 7006 2250 0004 2693 6458 (--tirNllrr nom avvfoe ~ PS Form 3$11, February 2004 Domestic Retum Receipt to25es~2~r-tseo `7 c ' _ T 7 J ::. , -> -S ~~~ ~ ~1 __ ~ t~ ~ F t ~ •-~ ~-j : , it" s ~~ Y ~ :_ ~~ ~ ~_~ 1,~ .. ~ ' ' j _I 'Y J „ !v .- ~ KEVIN J. HARTUNG, : IN THE COURT OF COMMON PLEA Plaintiff :CUMBERLAND COUNTY, PENNSYliVANIA v. : N0.07-5461 HANNAH HARTUNG, :CIVIL ACTION -LAW ~, Defendant : IN DIVORCE NOTICE TO THE 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 Ilthe statements will be admitted. II PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (d1 OF THE DIVORCE CODE ~~, 1. The parties to this action have been. separated since June 30, 2004, and have continued to live separate and apart for a period of at least two (2) years. ~~, 2. The marriage is irretrievably broken. ~II 3. I understand that I may lose rights concerning alimony, diyrision 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. Section 4904 relating to unsworn falsification to authorities. Date: ~ -~`Q Kevi artun i ~, w ~ KEVIN J. HARTUNG, : IN THE COURT OF COMMON PLEA Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07-5461 HANNAH HARTUNG, :CIVIL ACTION -LAW ~I Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Courtney Kishel Powell, Esquire, of James, Smith, Dietterick & Conrhelly, LLP attorney for the Plaintiff, Kevin J. Hartung, hereby certify that I have served a copy of the foregoing Plaintiff's Affidavit under Section 3301(d) of the Divorce Code on the followin~ on the date and in the manner indicated below: '~ VIA CERTIFIED MAIL Hannah Hartung '' 39 Keefer Way Mechanicsburg, PA 17055 JAMES, SMITH, DIETTERICIf & CONNELLY, LLP ~, Dated: ~ ~ ' ~ 1 By: ~ ~, Courtney Kis 1 Powell, Esquire Attorney LD. 81509 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff ~~ ' ~ ~~ ~ c ~ ..-~ S ~.~ r r7 ~~. ~ 3:.- .-<a. ....." r. ~. KEVIN J. HARTUNG, Plaintiff v. HANNAH HARTUNG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-5462 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. AND NOW, this 24~' day of October, 2007, personally appeared before me, a Notary Public in and for the State and County aforementioned, Courtney Kishel Powell, Esquire, who, being duly sworn according to law, deposes and says that a copy of Plaintiff's Affidavit under Section 3301(d) was served on the Defendant, Hannah Hartung, on October 17, 2007, by certified mail number 7006 2150 0004 2693 6489, as evidenced by the return receipt card attached hereto and made a part hereof. j~~ ~ i, ourtney Kish owell, Esquire Sworn to and subscribed before me this day of October, 2007. Notaria- r~i ~~ ~" T ~-vANI, Maria B. laRt~, Notary public Derry TWP•, Dauphin Douce, MY emission ~A~fember, Penns Iv Expires Nov, 8' 2009 Y ania Assooiatloq pf Notarlea ~ 4 i"~CompleEe 16errfs 1 ~ 2, and S. Aho canplete item 4 if ResMcted Delivery Is desired. ^ PrMt your name and ad~ss on the n~verse so that we can return the ceed to you. ^ Attach this card to the t~adcof the mailpiece, or on the front H space permits. ,. Artlde Addreeeed m: O pant D B. by (PrNrted Nerns) C. Derte d ~Y ~(~ - (~ D. ~ aew~y ad~ees dllFarrnr rrom w D ~. H YES, enter deMveiy acJd~..~l ' ' I~anh~h ~ q~z~ .~. ~ t1~ ~' ~ ' 11 ~ °I I~.Q.Q..~e ~ W a aw a .~rf ~Y~ech~~;~ sb u.~ PP o t o ~„ ~e _ ~ knursd MAN O C.O.D. ~ ~" `ps S 4. Restrtobed DNwr~/1 ~_ ~ D ris s. Atltait.M,r,~,r 7006 2150 0004 2693 6489 ...~ pltr~nl`wawlerYy PU l~ea!rt 8!!11 ~ F'el~nary ~Odt Dom..tb l1.1~n w~orpt ~ n ,_- ~ -rt .: ~ ~~ i ~ . r~-~ ~ ~, ,i~C ~ ~'' =i - ~~ ':~i , ~,: KEVIN J. HARTUNG, Plaintiff v. HANNAH HARTUNG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-5462 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. AND NOW, this 6~' day of June, 2008, personally appeared before me, a Notary Public in and for the State and County aforementioned, Courtney Kishel Powell, Esquire, who, being duly sworn according to law, deposes and -says that a copy of a Notice of Intention to Request Entry of Divorce Decree, pursuant to Section 3301(d) of the Divorce Code, and Defendant's Counter- Affidavit was served on the Defendant, Hannah Hartung, on June 2, 2008, by certified mail number 7003 2260 0005 6552 8704, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subs ~ed before me this ~_ day of June, 2008. N Notarial Seal Maria B. LaRue, Notary Public Derry Tvrp., Dauphin County My Commission Fires Nov. 8, 2009 NFember, Pennsylvania Association of Notaries .c. ~ i 1 ~. : n, x B. by (FArrt~d ~+»1 DMA of D. Is d.rvap a0ai.e. dNhrart from iMn t~ C] 'ter' M YE8, wdrr dNhrory seldiMS bNow: D Na ~ Q o~,o. 9~~05 0~~ ~- .. .~~__~ ':_,~. ~__ . ~ ?003 2260 DO~flS' ,6552 8704 il~rtt 4 ~ FM~I~ioisd E~eNYMy Id~dssi~ed. ~ yogr Hants sad a~iCM~ss cn the rs~wtse Ier ytY~ tMMa CMt R~lG41 the C~1d ~ you. ~ ANsah this sand to the beak qt tits rt~pisae, ar on tits ht~ i# sPeos psnrtiis. 1. Artlcte hdd~es~d to: 1~Y,n~h 1-1 ~1R~u.r~ o....r _~ =rat ~ ~ ~ •, , v ~': , -v ,. ~, 4: ~ ~_ r v r ~ c~? .r ...- KEVIN J. HARTUNG, Plaintiff v. HANNAH HARTUNG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-5462 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECQRD 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) (x) 3301(d} of the Divorce Code. 2. Date and manner of service of the Complaint: September 25, 2007, by certified and restricted mail no. 7006 2150 0004 2693 6458, as evidenced by the Affidavit of Service on record. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: by Defendant: (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: October 3, 2007. (2) Date of service of the Plaintiff s Affidavit upon the Defendant: October 17, 2007, by certified and restricted mail no. 7006 2150 0004 2693 6489, as evidenced by the Affidavit of Service on record. 4. Related claims pending: None. 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: June 2, 2008, by certified and restricted mail no. 7003 2260 0005 6552 8704, as evidenced by the Affidavit of Service on record. (b) Date Plaintiff s Waiver of Notice was filed with the prothonotary: Date Defendant's Waiver of Notice was filed with the prothonotary: Date: June 18, 2008 Y Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA LD. No. 81509 JAMES, SMITH, DIETTERICK & CONNELLY, LLP . U Courtney K. Powe ,Esquire Attorne for Plaint KEVIN J. HARTUNG. : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY. PENNSYLVANIA v. : NO.07-5462 HANNAH NARTUNG, : CNIL ACTION -LAW Defendant : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF &3301(d) DIVORCE DECREE TO: Hannah Hartung, Defendant 4726 11`h Avenue Northeast #603 Seattle, Washington 98105 You have been sued in an action for divorce. You have failed to answer the complaint or file acounter-affidavit to the § 3301 (d) affidavit. Therefore, on or after June l 8, 2008, 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. Acounter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania ] 7013 Phone: (717)249-3]66 Respectfiilly submitted, 3AMES, SMITH, DIETTERICK & CONNELLY, LLP ~~ Q ~ Dated: ~ 0 By: ' - Courtney K. Po I, Esquire Attorney I.D. #81 09 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff KEVIN 1. HARTLiNG, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07-S~162 HANNAH HARTUNG, :CIVIL ACTION -LAW Defendant . IN DIVORCE DEFENDANT'S COUNTER-AFI+~DAVIT UNDER SECTION 3301fd) 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. Cheek 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. I understand that in addition to checking (b) above, l must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If l 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 notice to me, and ]shall be unable thereafter to file any economic claims. I verify that the statements made in this counter affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Date: Hannah Hartung, 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 NEED NOT FILE THIS COUNTER AFFTT)AVTT_ KEVIN J. HARTUNG, : IN THE COURT OF COMMON PLEAS Plaintiff : Ct1MBERLAND COUNTY. PEI~TNSYLVANIA v. : NO. 07-5461 HANNAH HARTUNG; :CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Courtney Kishel Powell; Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Kevin J. Hartung; hereby certify that ]have served a copy of the foregoing Notice of Intention to Request Entry of Divorce Decree on the following on the date and in the manner indicated below: Dated: ~~ ` VIA CERTIFIED MAIL RESTRICTED DELIVERY 4726 11'h Avenue Northeast #603 Seattle, Washington 98105 By: Attorney 1.D. 81 9 P.O. Box 650 Hershey, PA 17033-0650 (7l7) 533-3280 Attorneys for PIaintiff JAMES, SMITH, DIETTERICK & CONNI;LLY, LLP KEVIN J. HARTUNG, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07-5462 HANNAH HARTUNG, :CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Courtney Kishel Powell, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Kevin J. Hartung, hereby certify that I have served a copy of the foregoing Praecipe to Transmit Record on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Hannah Hartung 4726 I 1 `" Avenue Northeast #603 Seattle, Washington 98105 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: June 18, 2008 By: Courtney Kishel P~well, Esquire Attorney LD. #81 9 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff C~ `~~ C - ~-- C~ am ~ <~ -T7 r ~ ,. -- ; ~ ~ r - -- "~.:'r-T-' ~ ~.C7 .. -~ _ a'~~ t • w Y ~ ~9 - .+. "'~/ I N THE COURT OF GOM MON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KEVIN J. HARTUNG, Plaintiff VERSUS HANNAH HARTUNG, Defendant DECREE IN DIVORCE AND NOW, (KK+ ~~ ~~'©~. IT IS ORDERED AND DECREED THAT Kevin J. Hartun PLAINTIFF, AND Hannah Hartnnn _ ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE GOURT 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; ~(~j,Q~4 BY TH6f000RT; ATTEST: J PROTHONOTARY N O. 07-5462 a J~~~~r~ ~'`n° ~' ~~~~