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Home My WebLink About03-6437DAVID L. VARNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03- 6, q 37 CIVIL TERM TRACY D. VARNER 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 may 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, 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 32 SO. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 rances H. Del Duca #06269 10 West High St. Carlisle, PA 17013 Dated: December 11, 2003 DAVID L. VARNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03- 6 V 37 CIVIL TERM TRACY D. VARNER IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1, Plaintiff is David L. Varner, who resides at 308 Newburg Road, Cumberland County, Pennsylvania, 17240. 2. Defendant is Tracy D. Vamer, who resides at 28 South Washington St. Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Plaintiff and defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint, 4. The plaintiff and defendant were married in Cumberland County on March 3, 2003. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken, 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce. Frances H. Del Duca, Esq. Attorney for Plaintiff Dated: December 11, 2003 r- f" J _ra C \ V? U? ?? ??\ R C N c? - c f'} Tl !' ? ' ?:, V ? ,_ r.? 3' ? . . I:__ .. -? .J 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 10 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: ?- 11-6ks ?C 71 ..I. r) U V? N DAVID L. VARNER In the Court of Common Pleas of Cumberland County, Pennsylvania VS. No. _ 03-6437 CIVIL Civil.X4t TRACY D. VARNER To Prothonotary: Please reinstate the complaint filed December 12, 2003. To Curtis R Long Prothonotary March 9 xpq 2004 Attorney for Plaintiff FILID-OFFICE 19 C?- !! 1E P1iOTh!OAiCJ fP,(i'y ° 2004 F aAII -9 r l l 1: 12 vs. Cam' ^ "Jui\ 1Y PRAECIPE 19 Atty. DAVID L. VARNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03- 6 4 3 -7 CIVIL TERM TRACY D. VARNER IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this day o , 200$( I hereby acknowledge receiving a copy of the Complaint in Divorce filed to the above term and number. Tra . Varner SUBSCRIBED and sworn to before me thi D day of,? 200+/ Notary Pub c NOTARIAL SEAL TAMMY SUE HELMAN, Notary PubAc Chambersburg, Franklin County My Commieslon Expires Oct. 31, 2006 n O l-f r" O r TI L? ? ;_ i J i'??'; 3 ? ._.a T -T, ?n ?._ -` c =ri s ro c r`. --i ":?; s} i; 'c= ?. -.. DAVID L. VARNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-6437 CIVIL TERM TRACY D. VARNER IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this /_ day of , 2004, I hereby acknowledge receiving a copy of the Reinstated Complaint in Divorce filed to the above term and number. Tracy D. tuner SUBSCRIBED and sworn to before me this /3 day of M&-Oh, 2004. Notary Public AL Public otary ty and Coun Nov. 8, 2005 59!21 rya Ci co C ? r ,? ._a r:J f?t?=+i ?? ??? c N -?? v ,, .'? ?- C? '.1.'? L,• FRANCES H. DEL DUCA, ESQUIRE ATTORNEY ID NO. 06269 506 SOUTH COLLEGE STREET CARLISLE PA 17013 (717) 243-2753 ATTORNEY FOR PLAINTIFF DAVID L. VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TRACY D. VARNER, : NO. 03 - 6437 CIVIL TERM Defendant : IN DIVORCE The petition of Frances FL Del Duca, Esquire, respectfully represents the following: 1. Petitioner has received notice from the Prothonotary that the above-captioned matter shall be purged if no action is taken by November 2, 2007. 2. Petitioner most recently corresponded with the Plaintiff on February 22, 2006, informing Plaintiff that Petitioner was retiring from private practice and providing referral information for ongoing representation in the case. 3. Petitioner had previously provided Plaintiff with an invoice dated September 14, 2005, which remains unpaid. 4. Since the above correspondence in paragraphs 2 and 3 herein were sent, Petitioner, nor the referral counsel have been contacted by the Plaintiff, nor has payment for the outstanding invoice been remitted. 5. The Plaintiff has failed to substantially fulfill his financial obligation to the Petitioner regarding Petitioner's legal fees and Plaintiff been given reasonable warning of her retirement and of the outstanding fees due. Good cause thus exists pursuant to Rule 1.1 6(b)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. 6. The continued representation of the Plaintiff without payment of Petitioner's fees, or the prospect of such payment, has resulted and will further result in an unreasonable financial burden and professional burden on Petitioner. Good cause thus exists pursuant to Rule 1.1 6(b)(6) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. 7. No activity has occurred on the docket in this matter since March 22, 2004. 8. The opposing party was unrepresented and therefore concurrence in the instant request has not been sought, but no communication has occurred with this party since sending correspondence November 19, 2004. 9. The prior judge in this matter was the Hon. J. Wesley Oler. WHEREFORE, Petitioner requests that this Court grant Petitioner leave to withdraw her appearance for Plaintiff in this action. Respectfully submitted, September,;?$.,( 2007 By: rances H. De Duca, Esquire 506 South College Street Carlisle, PA 17013 (717) 243-2753 Supreme Court I.D. No. 06269 VERIFICATION I verify that the statements made in the foregoing Petition of Plaintiff's Counsel for Leave to Withdraw Appearance are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein may subject to me to the penalties of Pa.GS. Section 4904 relating to unworn falsification to authorities. September , 2007?J"?i14,? ?- - - Frances H. Del Duca, Esquire ? cn DAVID L. VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TRACY D. VARNER, : NO. 03 - 6437 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Frances R Del Duca, Esquire, hereby certify that I mailed a true and correct copy of the foregoing Petition of Plaintiff's Counsel for Leave to Withdraw Appearance to the below listed persons: Mr. David L. Varner 110 Bear Hollow Road Newburg, PA 17240 Dated: September 2z, 2007 k4a? rances H. Del Duca, Esquire 9n DAVID L. VARNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TRACY D. VARNER, Defendant NO. 03-6437 CIVIL TERM ORDER OF COURT AND NOW, this 26`h day of September, 2007, upon consideration of the Petition of Plaintiff's Counsel for Leave To Withdraw Appearance, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, j 4&-'riances H. Del Duca, Esq. 506 South College Street Carlisle, PA 17013 Attorney for Plaintiff avid L. Varner 110 Bear Hollow Road Newburg, PA 17240 Plaintiff racy D. Varner 28 South Washington Street Shippensburg, PA 17257 Defendant, pro Se :rc J Vi'NVAIASNN3d kwnon, 1 Z • l Wd 9Z d3S LOOZ AWIONvH Odd M dd 301:-140-0911 DAVID L. VARNER .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. .. CIVIL ACTION - LAW TRACY D. VARNER NO. 03-6437 CIVIL TERM PETITION OF PLAINTIFF'S COUNSEL FOR LEAVE TO WITHDRAW APPEARANCE The petition of Frances H. Del Duca, Esquire, respectfully represents the following: 1. On September 24, 2007, petitioner filed a petition for leave to withdraw appearance. 2. On September 24, 2007, petitioner mailed a true and correct copy of the petition to David L. Varner at 110 Bear Hollow Road, Newburg, Pennsylvania, 17240. 3. On September 26, 2007, the Office of the Prothonotary mailed a copy of the Order of Court which issued a rule to show cause why the petition to withdraw appearance of petitioner should not be granted. 4. On September 27, 2007, petitioner received a phone call from respondent David Varner's father, Ronald Varner, who received the petition at his residence, 110 Bear Hollow Road, Newburg, Pennsylvania. 5. The father of David L. Varner advised petitioner that his son David L. Varner was "in prison at Cresson and would not be out until 2010.11 6. A search of the internet confirms that David L. Varner, age 35, was committed to Cresson through Franklin County. 7. The defendant in the divorce action, Tracy D. Varner, has not responded to the Rule issued September 26, 2007 to show cause why petitioner should be permitted to withdraw her appearance. Gam ` ? ~n , ? -< DAVID L. VARNER .. IN THE COURT OF COMMON PLEAS OF .. CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TRACY D. VARNER NO. 03-6437 CIVIL TERM CERTIFICATE OF SERVICE I, Frances H. Del Duca, Esquire, hereby certify that I mailed a true and correct copy of the foregoing Petition of Plaintiffs Counsel for Leave to Withdraw Appearance dated October 16, 2007, to the below listed persons: David L. Varner SCI Cresson Drawer A, Old Route 22 Cresson, PA 16699-0001 Tracy D. Varner 28 South Washington St. Shippensburg, PA 17257 October 16, 2007 Frances H. Del Duca, Esquire t' C) -E s rri $} -tl C_o rr --? c-n co DAVID L. VARNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TRACY D. VARNER NO. 03-6437 CIVIL TERM AMENDMENT OF PLAINTIFF'S COUNSEL FOR LEAVE TO WITHDRAW APPEARANCE 1. On September 24, 2007 Petitioner, Frances H. Del Duca, Esquire, filed a request to withdraw her appearance in the above cited case. 2. On September 26, 2007, Judge J. Wesley Oler, Jr. issued a rule to show cause on Plaintiff David L. Varner and Tracy D. Varner why the relief requested should not be granted. 3. The Rule to Show Cause issued September 26, 2007 was returnable within 10 days of service. 4. On October 16, 2007, Petitioner Frances H. Del Duca, Esquire, filed a Petition to advise the court that neither plaintiff nor defendant, who was not represented by counsel, responded to the Rule. A copy of the October 16 petition was mailed to plaintiff at the State Prison on October 16, 2007. WHEREFORE, Petitioner requests the court to grant the relief requested and that she be permitted to withdraw her appearance. October 23, 2007 ???irr ll?o A? a?!Ll Vrances H. Del Duca, Esquire 506 So. Hanover St. Carlisle, PA 17013 Supreme Court I.D. #06269 CC: David L. Varner Tracy D. Varner SCI Cresson 28 South Washington St. Drawer A, Old Route 22 Shippensburg, PA 17257 Cresson, PA 16699-0001 A- VERIFICATION I verify that the statements made in the foregoing Amendment of Plaintiff's Counsel for Leave to Withdraw Appearance are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein may subject me to the penalties of Pa.C.S. Section 4904 relating to unworn falsification to authorities. es H. Del Duca, Esquire October 23, 2007 C? ?.?°' ? C" ? -n ---? r!}, {? ?' r i s? } _m,F L ?,,,, .. ' .. _ __t DAVID L. VARNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TRACY D. VARNER, Defendant NO. 03-6437 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of October, 2007, upon consideration of the Amendment of Plaintiff's Counsel for Leave To Withdraw Appearance, the rule issued on September 26, 2007, is hereby made absolute and Frances H. DelDuca, Esq., is hereby excused from further representation of David L. Varner, Plaintiff in the above-captioned matter. BY THE COURT, rances H. Del Duca, Esq. 506 South College Street Carlisle, PA 17013 ,0'a'vid L. Varner SCI Cresson Drawer A, Old Route 22 Cresson, PA 16699-0001 .acy D. Varner 28 South Washington St. Shippensburg, PA 17257 :rc J. esley Oler, Jr. J. C C :I I WV 9Z 130 LOOZ 31HI 20 Dif ?-A l -rIlIP i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff / Vs File No. C? r]d 3 ?? ??] IN DIVORCE D' V? r Al(- Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by mar 'ng "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of , and gives this written notice avowing his / her intention pursuant to the pro isions of 54 P.S. 704. Date: kyj C3 ignature U6-? :L? Signatur o name being reswaf- COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF On the /-/,day of ?e- 200 q, before me, the Prothonotary or the notary public, personally' appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Notary Public NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 2 0? DEC - .i 1 u 3 ?i?f';?l Imo. If'0 Sid A#4 w David D. Bueff Prothonotary XirkS. Sohonage, ESQ, Solicitor Renee X. Simpson 15` Deputy Prothonotary Irene E. Morrow 2"d Deputy Prothonotary Office of the Prothonotary Cumberfand County, Pennsykania 03 - Ly3y CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P. 230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, P-A 17013 • (717) 240-6195 • Fa. (717)240-6573