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Home My WebLink About08-3200 KRISTY B. FAILOR Plaintiff V. GARRY M. FAILOR, Jr. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 08-3&00 Civ? l letwn CIVIL ACTION - LAW 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 by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 St. Carlisle, PA 17013 (717) 249-3166 OR (800) 990-9108 KRISTY B. FAILOR IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. I No.: 09- 32."o GARRY M. FAILOR, Jr. Defendant CIVIL ACTION -LAW IN DIVORCE COMPLAINT UNDER 3301 d OF THE DIVORCE CODE 1. Plaintiff is Kristy B. Failor, who currently resides at 450 Crossroad School Rd., Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Garry M. Failor, Jr., who currently resides at 423 Shippensburg Rd., Newville, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been separated since December 2004. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on October 30, 1999 at the Newville Assembly of God in Cumberland County, PA. 6. 7. parties. 8. forces. One child was born to this marriage: Tristin M. Failor August 9, 2000 There have been no prior actions for divorce or for annulment between the Neither Plaintiff nor Defendant in this action are a member of the Armed 9. The marriage is irretrievably broken. 10. 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 such counseling. 11. Plaintiff requests the Court enter a Decree of Divorce. Wjbal, Esquire C?dy L( Supreme Court I.D. 202325 Stephanie E. Chertok Attorney I.D. No. 52651 61 West Louther St. Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff Respectfully submitted, PLAINTIFF'S AFFIDAVIT U DER SECTION 3301 d OF Ht VI V 1. The parties to this action separated on or bout December, 2004 and have continued to live separate and apart to the present. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, claim them before a divorce is granted. lawyer's fees or expenses if I d not 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 unworn falsification to authorities. Date: VERIFICATION I, Kristy B. Failor, 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 1 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: Kristy B. Failor . A . KRISTY B. FAILOR Plaintiff V. GARRY M. FAILOR, Jr. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esquire., counsel for plaintiff, hereby certify that a copy of the Complaint for Divorce, directed to Defendant, Garry M. Failor, Jr., was served upon Defendant at Defendant's residence, 423 Shippensburg Rd., Newville, PA s'r 2008, by first-class mail, postage prepaid, and 17241, this a/day of certified mail, return receipt requested, pursuant to Pa. C.R.P. 1930.4(c). C. y ibal, squire ..,._ ` C'c3 `T7 Sv 1 l Zc _ F-I it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA KRISTY B. FAILOR, Plaintiff CIVIL ACTION - LAW V. GARRY M. FAILOR, JR., Defendant Case No. 2008-3200 ACTION IN DIVORCE PROOF OF SERVICE I, Cindy L. Hribal, Esq., do hereby certify that a copy of the Divorce Complaint filed in this matter was served by certified U.S. Mail, return receipt requested, and First Class U.S. Mail, to the Defendant at 423 Shippensburg Road, Newville, Pennsylvania, 17241. The return receipt signed by the Defendant is evidence of delivery to the Defendant and is attached hereto. Cindy L. Hribal, Esq. PA Sup. Ct. ID# 202325 61 W. Louther St. Carlisle, PA 17013 717-249-1177 Counsel for Plaintiff Respectfully submitted, r ? Apertt ? Addressee . C. Dab of DWkwy 117 ? Ytis C ? No MJ.d MON 0 &P M Md ? Rpls/aed ? Rd= Receipt for Mwdw xbo ? kmasd MaN ? C.O.D. 4. Reehicbd Dsgwryt $Ekft rs* ? Yes 2. Artkb Nuin6or Mwx*rAtwswVAwreb 7005 1820 0002 4614 9591 4 Sqf Ps Form 3811, February 2w4 Domewc Retu m R.oegt tawe e?¢ M rs+o Postal Cr u1 (Domestic Only; Covera e Pr id d o? g ov e ) L NE ? ..o Poerege $ $0.59 0013 CertMed Fee $2.70 .1 O C3 (F.ndoraernerd Retum ReceiptRequired) Fee $2.20 r$ Q nj Re?rlged L sovery Fee (Encbreement Required) $0.00 ? /y r=3 rotal Postage 8, Fees $ $5.49 ? . 3T? C3 Saw , Q orPOSwNo. (/ <1?/ l?/1L` ¦ CalVkft b m 1. 2, OW 9. Abo oornpkb ./ Item 4 N ROWIC d Ddywy M dw k*& ¦ Print your name and addntse on the revem x so tlwt we can Mum the card to you. S. PAK-ad . AtOsch fftis cwrd the bads of the meNpiece, y or on the ftM M apace pwnft. 1. ArWW Addressed to: l?f?l?l?fi?t. - S PS 04 0 H YES, .r . 9 1 . J C.:"3 IID ( ry r? .? f KRISTY B. FAILOR Plaintiff V. GARRY M. FAILOR, Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 08-3200 CIVIL DIVISION 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 § (990i(e)) (3301(d) (1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: M4y 27, 2008 by Certified and Regular mail. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff ; by defendant, b. (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: May 20, 2008 . (2) Date of filing and service of the plaintiff's affidavit upon the respondent. Filed on May 21, 2008, served on May 27, 2008. 4. Related claims pending: N/A 5. Complete either (a) or (b). a. Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: July 1, 2008, served by Certified mail. b. Date plaintiff's Waiver of Notice was filed with the prothonotary: Date defendant's Waiver of Notice was filed with the prothonotary: n ° ?' ..-i t?- ? -r? ? r _ $"r r ? .. Ce`:i ?? 1 r? ?.? ? .? , STEPHANIE E. CHERTOK, ESQUIRE CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 202325 61 West Louther Street 61 West Louther Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-8749 Attorneys for Defendant EMSTY B. FAILOR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GARRY M. FAILOR, Jr. Defendant No.: 08-3200 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on L?? C - Oq and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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 unworn falsification to authorities. Date: e,) . , 2 ? ? " /? ?z-? Defendant [.n ?- j -< IMSTY B. FAILOR Plaintiff V. GARRY M. FAILOR, Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 08-3200 CIVIL DIVISION 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 § f9f (3301(d) (1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: May 27, 2008 by Certified and Regular mail. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff ; by defendant b. (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: Ma ti20, 2008 . (2) Date of filing and service of the plaintiff's affidavit upon the respondent. Filed on May 21, 2008, served on May 27, 2008. 4. Related claims pending: N/A 5. Complete either (a) or (b). a. Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: b. Date plaintiff's Waiver of Notice was filed with the prothonotary: July 21`2008. Date defendant's Waiver of Notice was filed with the prothonotary: November 2008. Q tto y fo tiff cn_' ?-•, t '* -c Fri -? . `=i c? KRISTY B. FAILOR, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GARRY M. FAILOR, JR., DEFENDANT 08-3200 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2008, the request for the entry of a decree in divorce IS DENIED AT THIS TIME.' Cindy L. Hribal, Esquire For Plaintiff Garry M. Failor, Jr., Pro se 423 Shippensburg Road Newville, PA 17241 ii-19- or :sal ' The record is not complete for the entry of either a Section 3301(d)(1) divorce or a Section 3301(c) divorce. C•3 466 ? a v L; ac 1 .'? y C U STEPHANIE E. CHERTOK, ESQUIRE CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 52651 PA Supreme Court ID: 202325 61 West Louther Street 61 West Louther Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-8749 Attorneys for Defendant KRISTY B. FAILOR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GARRY M. FAILOR, Jr. Defendant No.: 08-3200 CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties. of 18 Pr C.S. § 4904 relating to unsworn falsification to authorities. Date:I d q-09 r-a ?. t P <V-I5-y? l?r 1 C-5T.-Vri M. To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION ?O1' NO. b -320 u CIVILTERM 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 §8894 (e) 3301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: MeL, 2.7 ZoOR 1, Ct, ,r t 4.?? _ 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff ; by defendant (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: /KA 10 2-o o g (2) Date of filing and service of the plaintiff's affidavit upon the respondent: [/ J M AAA 4 21 , 2-o o17 , S.Grvrj v-,^ /tea_ 2-7 2a o ff( 4. Related claims pending: N 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 2?0 o 1qDate defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Dtet r.,te e- 1 r Z`' g Q rney for Plaintiff / Defendant r' J - C rs -: 70 t i ?7- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTY B. FAILOR V. GARRY M. FAILOR DIVORCE DECREE AND NOW, V ?", ?'?g , it is ordered and decreed that KRISTY B. FAILOR , plaintiff, and GARRY M. FAILOR , 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 : NO. 2008-3200 Atte J. ro onotary y??? ? ? .?°'?'=?-? ?. is - ?/ ,? ?,