HomeMy WebLinkAbout07-6092HOLLY A. HUNT, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. Civil Term
BRYAN M. HUNT, : ACTION IN DIVORCE
Defendant
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 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.
Where 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 at the Office of the Prothonotary, Cumberland County Courthouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St.
Carlisle, Pa. 17013
(717) 249-3166
HOLLY A. HUNT, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
No. C)7- Civil Term
vs.
BRYAN M. HUNT, ACTION IN DIVORCE
Defendant
COMPLAINT IN DIVORCE
COUNT I - DIVORCE
1. Plaintiff is Holly A. Hunt, a competent adult individual, who has resided at 320
McCulloch Road, Shippensburg, Cumberland County, Pennsylvania, 17257 since April
2006.
2. Defendant is Bryan M. Hunt, a competent adult individual, who resides at 4
Horse Creek Road, Wilsall, Montana, 59086.
3. Plaintiff has been a bona fide resident of the Commonwealth for at least 6
months immediately previous to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on July 17, 1998 in Hinesville,
Georgia.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. Plaintiff has been advised that counseling is available and that plaintiff may
have the right to request that the court require the parties to participate in counseling.
7. Plaintiff and Defendant have three children together.
8. Plaintiff and Defendant are both citizens of the United States of America.
9. Neither Plaintiff or Defendant are a member of the Armed Forces of the
United States of America or any of its allies.
10. The Plaintiff avers that the grounds on which this action is based are: That
the marriage is irretrievably broken.
WHEREFORE, Plaintiff requests the court to enter a decree in divorce.
COUNT II - CUSTODY
11. Sections 1. - 10. are herein incorporated by reference.
12. The parties are the natural parents of three children, namely, Sunshine A.
Hunt (8), born February 14, 1999, Wyatt N. Hunt (3), born May 15, 2004, and Emma J.
Hunt (1) , born January 2, 2006.
13. The parties have been unable to enter a custody stipulation in writing.
14. A custody complaint is being filed contemporaneously with this complaint.
WHEREFORE, Plaintiff prays this Honorable Court, to enter a custody Order
regarding the child.
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.
§4904 relating to unsworn falsification to authorities.
unt, P ai tiff
Respectfully submitted,
Date: 16,11'k,1107
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Adams, Esquire
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4. o. 79465
64 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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HOLLY A. HUNT, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : No. C>? - 1.09P-,., Civil Term
BRYAN M. HUNT, ACTION IN DIVORCE
Defendant
CUSTODY COMPLAINT
1. Plaintiff is Holly A. Hunt, who currently resides at 320 McCulloch Road,
Shippensburg, Cumberland County, Pennsylvania, 17257.
2. Defendant is Bryan M. Hunt, who currently resides at 4 Horse Creek Road,
Wilsall, Montana, 59086.
3. Plaintiff is the Mother of the following children and seeks a custody order
regarding the following child:
NAME DOB/AGE ADDRESS
Sunshine A. Hunt 2/14/99 (8) 320 McCulloch Rd. Shippensburg, Pa.
Wyatt N. Hunt 5/15/04(3) 320 McCulloch Rd. Shippensburg, Pa.
Emma J. Hunt 1/2/06(l) 320 McCulloch Rd. Shippensburg, Pa.
Mother and Father married on July 17, 1998. A divorce complaint has been filed
under the above-captioned docket number contemporaneously with this custody
complaint. Mother currently has primary physical custody of the children.
During the past five years, the children have resided with the following persons
and at the following addresses:
NAME
ADDRESSES
DATES
Holly A. Hunt
Lucinda and Joseph Ross
(maternal grandparents)
Holly A. Hunt
Bryan M Hunt
320 McCulloch Rd.
Shippensburg, Pa. 17257
32 Leap Lane
Belgrade, MT 59614
April 2006 - present
2002 - March 2006
rRVE COPY FROM RECORD
f Testhnony whereof, I hens unto sat my trend
$1 the ass Of said cou at lisps, P&
thonotary
k
The mother of the children is Holly A. Hunt. She currently resides at 320
McCulloch Rd. Shippensburg, Pa. She is married to Bryan M. Hunt.
The father of the children is Bryan M. Hunt. He currently resides at 4 Horse
Creek Road, Wilsall, Montana. He is married to Holly A. Hunt.
4. The relationship of plaintiff to the children is that of Mother. The plaintiff
currently resides with the children and maternal grandparents, Lucinda and Joseph
Ross.
5. The relationship of defendant to the children is that of Father. The defendant
currently lives with a roommate.
6. Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the children in this or another court.
Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth.
Plaintiff does not know of a party to the proceedings who has physical custody of
the children or anyone who claims to have custody or visitation rights with respect to the
children.
7. The best interest and permanent welfare of the child will be served by
granting the relief requested because: The parties separated in November 2005.
Since separation Mother has maintained primary custody of the children. She has
resided in Cumberland County since April 2006 and Father has remained in Montana.
Mother is requesting a custody order which would confirm that she has primary physical
custody, would provide for shared legal custody, and periods of partial custody for
Father as the parties agree. Mother believes that such an order would be in the best
interest of the children because it would provide stability for the children.
8. Each parent whose parental rights to the children have not been terminated
and the person who has physical custody of the children has been named as parties to
this action.
WHEREFORE, Plaintiff requests the court to enter a custody order regarding the
children.
Date: ?0 l t? 6'?
Respectfully su,)mitted,
ne Adams, Esquire
.D. . No. 79465
64 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICATION
I verify that the statements made in this Custody Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date: 1? ?? Holly . unt, Plaintiff
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HOLLY A. HUNT IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRYAN M. HUNT
DEFENDANT
• 2007-6092 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, October 24, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, November 12, 2007 at 2:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ John[. Mangan, r. Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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
Telephone (717) 249-3166
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HOLLY A. HUNT,
Plaintiff
vs.
BRYAN M. HUNT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 6092 Civil Term
ACTION IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this November 6, 2007, I, Jane Adams, Esquire, hereby certify that
on November 1, 2007, certified true copies of the NOTICE TO DEFEND, COMPLAINT
IN DIVORCE, AND CUSTODY COMPLAINT were served upon the following person,
via certified mail, return receipt requested at the following address:
Bryan M. Hunt
4 Horse Creek Road
Wilsall, MT 59086 • Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
DEFENDANT so that wefeturn the card to you.
¦ Attach this'caM'to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
BRYAN M. HUNT
44 HORSE CREEK RD
WILSALL MT 59086
A. S ,,._.
C3 Agent
'?4j x ? Addressee
B by (fin- tm' D. Is ,ery address d'dferent from item 11 ? Yes
If YES, enter delivery address below: ? No
D avess Mail
g ? Remn Receipt for Merchandise
? Insured Men 0 C.O.D.
2. ArtldeNumber
(M 7pp3 2260 000 8703 5452
wafar firom service label)
PS Form 3811, February 2004 Domestic Return Receipt 102905-0¢4A-1540
Respectfully Sub itted:
Qj ?" ,
J ne Adams, Esquire
I No. 79465
64 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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HOLLY A. HUNT,
Plaintiff
V.
BRYAN M. HUNT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-6092 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW this _? day of November, 2007, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. Legal Custody: The Father, Bryan M. Hunt, and the Mother, Holly A. Hunt, shall have shared
legal custody of Sunshine A. Hunt, born 2/14/99, Wyatt N. Hunt, born 5/15/04 and Emma J.
Hunt, born 1/02/06. The parties shall have an equal right to make all major non-emergency
decisions affecting the Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each
parent shall be entitled to all records and information pertaining to the Children including, but
not limited to, medical, dental, religious or school records, the residence address of the
Children and of the other parent. To the extent one parent has possession of any such records
or information, that parent shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and information of reasonable use to
the other parent.
2. Physical Custody: Mother shall have primary physical custody subject to Father's rights of
partial physical custody which shall be arranged as follows:
a. Commencing 2008, between the months of June and August, Father shall have physical
custody of the Children for two (2) weeks, with Mother being present in Montana, and if all
goes well for the two (2) weeks, Father shall have an additional two (2) weeks consecutive
without Mother being present in Montana. Father shall notify Mother of proposed summer
dates by April 0 to provide ample time to make arrangements.
b. Should Father have the occasion to come to this jurisdiction, Mother shall make all
reasonable efforts to facilitate Father's visitation with the Children.
c. The parties may alter or expand Father's physical custodial periods upon mutual agreement.
3. Holidays: Commencing 2008, Father shall have physical custody of the Children in all even
years for the Christmas holiday, the dates and times by mutual agreement.
4. Transportation: Father and Mother shall share the cost of transportation for Mother and
Children to travel to Montana, unless otherwise mutually agreed upon.
5. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible, both parties shall not allow third parties disparage the
other parent in the presence of the Children.
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6. In the event of a medical emergency, the custodial party shall notify the other parties as soon
as practicable after the emergency is handled.
7. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consumelbe under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
8. Both parties are directed to provide the other party with information, including household
members, addresses and telephone numbers, for the households in which the Children would be
staying.
9. Telephone contact: Father shall have regular telephone contact with the Children two times
during the work week, on Tuesday and Thursday after 5:00 pm (Eastern Time) and the
Children shall call Father after 9:00 am (E.T.) on Saturdays. Mother shall also have reasonable
liberal telephone contact with the Children when the Children are in Father's custody.
10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
By the.Cetfff,
J.
Distribution:
X ?"`e Adams, Esq.
jtyan Hunt, 4 Horse Creek Road,
J. Mangan, Esq.
Wilsall, Montana 59086
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HOLLY A. HUNT,
Plaintiff
V.
BRYAN M. HUNT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-6092 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Children who are the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Sunshine A. Hunt 2/14/99 Primary-Mother
Wyatt N. Hunt 5/15/04 Primary-Mother
Emma J. Hunt 1/02/06 Primary-Mother
2. A Conciliation Conference was held with regard to this matter on November 12, 2007
with the following individuals in attendance:
The Mother, Holly A. Hunt, with her counsel, Jane Adams, Esq.
The Father, Bryan M. Hunt, pro se appeared via telephone
3. The parties agreed to the entry of an Order in the form as attached.
Date
HOLLY A. HUNT, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 07 - 6092 Civil Term
BRYAN M. HUNT, : ACTION IN DIVORCE
Defendant
NOTICE
If you wish to deny any of the statements set forth in this Affidavit, you must file a
counter-affidavit within twenty days after this affidavit has been served on you or
the statements will be admitted.
AFFIDAVIT OF SEPARATION
1. The parties to this action separated on November 11, 2005, 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 my 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. §4904 relating to unsworn falsification to authorities.
Date: 4 0 ?'0 0 _
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HOLLY A. HUNT, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. 07 - 6092 Civil Term
BRYAN M. HUNT, : ACTION IN DIVORCE
Defendant
AFFIDAVIT OF SERVICE REGARDING
THE AFFIDAVIT OF SEPARATION
AND NOW, this February 27, 2008, I, Jane Adams, Esquire, hereby certify that
on January 25, 2008, a certified true copy of the AFFIDAVIT OF SEPARATION was
served upon the following person, via certified mail, return receipt requested at the
following address:
Bryan M. Hunt
4 Horse Creek Road
' Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
Wllsall
MT 59086 • Print your name and address on the reverse
,
DEFENDANT 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:
A
X
B. JELeg&ed by (Prf /?l har"OPF C. Date of Delivery
D. Ie Avery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
? Agent
BRYAN M HUNT
4 HORSE CREEK RD
WILSALL MT 59086
3. Service Type
)d%WW AY ? Express Mail
? Regiswred ? Return Receipt for Merchandise
? Insured Md ? C.O.D.
4. Redrlclsd DsNwry? Pft Fee) ?. Yes
2. ArticleNMxnber 7907 1490 0001 7952 0086
( wWw ft m servke label)
Ps For, 3811, February 2004 Domestic Return Receipt 102695-02-M-1540
Respectfully Submitted:
" a&4?,,
ane Adams, Esquire
D. No. 79465
17 West South St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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HOLLY A. HUNT,
Plaintiff
vs.
BRYAN M. HUNT,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 6092 Civil Term
ACTION IN DIVORCE
Defendant
AFFIDAVIT OF SERVICE
AND NOW, this April 2, 2008, I, Jane Adams, Esquire, hereby certify that on
March 11, 2008, a true copy of the NOTICE OF INTENT TO REQUEST ENTRY OF
DIVORCE DECREE AND COUNTER AFFIDAVIT was served upon the following
person, via certified mail, return receipt requested at the following address:
Bryan M. Hunt
4 Horse Creek Road
Wilsall, MT 59086
DEFENDANT
¦ Cgn hft home 1, 2, and 3. AYo coin
Item 4 if Restricted Delivery Is desired.
¦ Print your dame and address on the reverse
so that w4, 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:
A.
X
? agent
n mein
B by (Pd Name) C. Date of Delivery
47P lan 11 %o".Y28
D. Is delivery address different from item 11 ? Yes
If YES, enter delivery address below: ? No
3. Service Type
U Certified Mail O Express Mali
0 Raptatared a Relurrr Receipt for Merchandise
O Mrrred Mefi ? C.O.D.
4. RastricM DeYwryi' 45rbe Fiat E3 Yes
2. Article Number ?00? 1490 0001 ?951 4 016
(lianelier from service label
F's .. -m 3811, February 2004 Domestic Return Receipt 10250"2-M-1UO
A true copy of said NOTICE AND COUNTER-AFFIDAVIT is attached hereto.
Date:
Respectfully Submitted:
t Adams, Esquire
o. 79465
est South St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
HOLLY A. HUNT, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. 07 - 6092 Civil Term
BRYAN M. HUNT, ACTION IN DIVORCE
Defendant
NOTICE OF INTENT TO REQUEST ENTRY OF DIVORCE DECREE
TO: Bryan M. Hunt, Defendant Date: February 27, 2008
4 Horsecreek Road
Willsall, MT 59086
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, in twenty days,
after March 17. 2008 the Plaintiff 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 a Counter-Affidavit by the date above, 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 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 your 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, 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 St.
Carlisle, Pa. 17013
(717) 249-3166
HOLLY A. HUNT, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. 07 - 6092 Civil Term
BRYAN M. HUNT, ACTION IN DIVORCE
Defendant
COUNTER-AFFIDAVIT UNDER SECTION 3301(d) 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, and 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, 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 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. §4904 relating to unsworn falsification to authorities.
Date:
Bryan M. Hunt, 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 the counter-affidavit.
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HOLLY A. HUNT, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. 07 - 6092 Civil Term
BRYAN M. HUNT, ACTION IN DIVORCE
Defendant
NOTICE OF INTENT TO REQUEST ENTRY OF DIVORCE DECREE
TO: Bryan M. Hunt, Defendant Date: February 27, 2008
4 Horsecreek Road
Willsall, MT 59086
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, in twenty days,
after March 17. 2008 the Plaintiff 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 a Counter-Affidavit by the date above, 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 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 your 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, 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 St.
Carlisle, Pa. 17013
(717) 249-3166
HOLLY A. HUNT, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. 07 - 6092 Civil Term
BRYAN M. HUNT, : ACTION IN DIVORCE
Defendant
COUNTER-AFFIDAVIT UNDER SECTION 3301(d) 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 l
may lose rights concerning alimony, division of property, lawyer's fees, and 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, 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 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. §4904 relating to unsworn falsification to authorities.
Date:
Bryan M. Hunt, 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 the counter-affidavit.
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HOLLY A. HUNT, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. No. 07 - 6092 Civil Term
BRYAN M. HUNT, : ACTION IN DIVORCE
Defendant
TO THE PROTHONOTARY:
PRAECIPE TO TRANSMIT RECORD
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 Code.
2. Date and manner of the service of the Complaint: Delivered by certified mail,
restricted delivery. return receipt requested, on November 1. 2007.
3. Date of execution of the affidavit required by §3301(d) of the Divorce Code:
By Plaintiff: January 10. 2008
Date of filing and service of the plaintiffs affidavit of separation
required by §3301(d) of the Divorce Code on respondent:
Filed: January 11. 2008.
Served on Defendant: January 25. 2008.
Affidavit of Service filed: February 27. 2008.
4. Related claims pending: None.
5. Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which was filed of record with the Prothonotary, along with an Affidavit of
Service: Served on March 11. 2008, via certified mail.
Date: 6
Respectfully Su miffed:
Adams, Esquire
?IN0.
794
65
. South St.
Carlisle, Pa. 17013
(717) 245-8508
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
Holly A. Hunt, Plaintiff'
No. 07 - 6092 Civil Term
NO.
VERSUS
Bryan M. Hunt, Defendant
DECREE IN
DIVORCE
d
AND NOW, _ P" IT IS ORDERED AND
Holly A. Hunt
DECREED THAT
AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
. PLAINTIFF,
DEFENDANT,
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.
BYIT'IT-COJL :
ATTEST: J.
PROTHONOTARY
Bryan M. Hunt
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