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HomeMy WebLinkAbout08-3201 AMY LYNN CARTER Plaintiff V. ERIC WESLEY CARTER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08- 320J civil ler'wK 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 AMY LYNN CARTER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC WESLEY CARTER Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Amy Lynn Carter, who currently resides at 6 Sgrignoli Lane, Enola, Cumberland County, Pennsylvania. 2. Defendant is Eric W. Carter, who currently resides at 124 Plainview Drive, Harrisburg, Dauphin County, Pennsylvania. 3. 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. 4. The Plaintiff and Defendant were married on July 11, 1999 at 156 River Road, in Dauphin Borough, Dauphin County, PA. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. Plaintiff and Defendant have been separated since January 14, 2008. 7. There have been no prior actions for divorce or for annulment between the parties. 2 8. Divorce is sought pursuant to the provisions of the Divorce Code, §§ 3301(c), in that: a) The marriage is irretrievably broken; 9. 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. 10. Neither Plaintiff nor Defendant in this action are a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, which property is "marital property." 13. Plaintiff and Defendant may have owned, prior to marriage, property that has increased in value during the marriage and/or which has been exchanged for other property, that has increased in value during the marriage, all of which property is "marital property". 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. 3 COUNT III - REQUEST FOR CONFIRMATION OF CUSTODY UNDER PA CONS. STAT. && 3104(A)(2) AND 3323(B) 15. Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. 16. The parties are the parents of the following unemancipated children: NAME AGE SEX DATE OF BIRTH Madison Carter 8 Female 02/03/2000 Abigail Carter 5 Female 07/15/2002 Leah Carter 4 Female 08/19/2003 Benjamin Carter 4 Male 08/19/2003 17. During the past five years, the children have resided with the parties and at the addresses herein indicated: FROM TO WITH WHOM ADDRESSES February 2000 January 2008 Both Parties 1708 Maplewood Rd. Harrisburg, PA 17112 January 2008 Present Mother 6 Sgrignoli Lane Enola, PA 17025 18. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 19. There are no other proceedings pending involving custody of the children in this or any other state. 20. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 4 21. The best interests of the children will be served if primary physical custody is granted to Plaintiff mother. WHEREFORE, Plaintiff respectfully requests that, pursuant to Pa. Cons. Stat. §§ 3104(a)(2) and 3323(b), the Court enter an order granting custody of the children to Plaintiff. Respectfully submitted, tep anie . ertok Att ey I. . No. 52651 Cindy L. Hribal, Esquire Supreme Court I.D. 202325 61 West Louther St. Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff 5 VERIFICATION I, Amy Lynn Carter, 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. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: ?? Ami" Amy Lynn arter 6 AMY LYNN CARTER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC WESLEY CARTER Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Stephanie E. Chertok, Esq., counsel for Plaintiff, hereby certify that a copy of the Complaint for Divorce, directed to Defendant, was served upon Defendant at Defendant's residence, 124 Plainview Drive, Harrisburg, Pennsylvania 17112, this /--,?f Sz` day of , 2008, by first-class mail, postage prepaid, and certified mail, return receipt equested, pursuant to Pa. C.R.P. 1930.4(c). Step ie ertok Att ey I. . No. 52651 Cindy L. Hribal, Esquire Supreme Court I.D. 202325 61 West Louther St. Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff 7 70 -yr- .Q ? v r fi! ?a C? F Y =ri _. l 1"• Amy Lynn Carter IN THE COURT COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-3201 Civil Term Eric Wesley Carter Civil Action-Law Defendant In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about May 21, 2008 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the final Decree in Divorce. 4. 1 understand that if a claim for alimony, alimony pendente lite, martial property or counsel fees or expenses has not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. I certify 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 unswom falsification to authorities. 10 131 Eric Wei Carter r r r:.r., Om ?t2 Amy Lynn Carter IN THE COURT COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 08-3201 Civil Term Eric Wesley Carter Civil Action-Law Defendant : In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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 decree is entered. 3. 1 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, Eric Wesley Carter, verify that the foregoing fads are true, accurate, and correct to s of unswom the best of my knowledge, information, and belief 777 fal sification contained at 18 PCSA §4904. Eric Wes Carter p m -ra j Amy L. Carter, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 08-3201 Eric Carter, Defendant CIVIL ACTION-DIVORCE ACCEPTANCE OF SERVICE I, Eric Carter, the Defendant in the above captioned action acknowledge that I was served with a copy of the Complaint in the above captioned matter on May 21, 2008 by certified mail and and by my signature below, I waive any objection to the method, timing, and manner of service. DATE: ??I Z,/OR- a? ?::? "' "?', ? ?p ? ? ? Amy L. Carter IN THE COURT COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-3201 V. Eric Carter . Defendant Civil Action--Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the final Decree in Divorce. 4. 1 understand that if a claim for alimony, alimony pendente lite, martial property or counsel fees or expenses has not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. I certify 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. J?_),/Or a n y CA } 'Lo Amy L. Carter IN THE COURT COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-3201 V. Eric Carter Defendant Civil Action--Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301 (c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 Pa.C.S. 4904 relating to unsworn falsification to authorities. a -? Amy L. Carter, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3201 Eric Carter Defendant Civil Action--Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about May 15, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the final Decree in Divorce. 4. I understand that if a claim for alimony, alimony pendente lite, martial property or counsel fees or expenses has not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. I certify 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: 12 I IL? Amy L. C er *? .,? ? ?. ??-?-,7 j, j ?t ?? Amy L. Carter, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3201 Eric Carter Defendant Civil Action--Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) 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 decree is entered. 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, Amy L. Carter, verify that the foregoing facts are true, accurate, and correct to the best of my knowledge, information, and belief subject to the penalties of unworn falsification contained at 18 PCSA'4904. DATE: ' r Or Amy L. arter IN 9 a Amy Lynn Carter, V. Eric Wesley Carter IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3201 Civil Term CIVIL ACTION-LAW DEFENDANT IN DIVORCE PRAECIPE TO TRANSMIT RECORD 1. Ground for divorce: irretrievable breakdown under Section 3301 c of the Divorce Code. 3301 d of the Divorce Code. 2. (a) Date Complaint filed: on or about May 15, 2008 (b) Date of service of complaint: May 21, 2008 ( c ) If service after 30 days of filing, date complaint reinstated: (d) Manner of service of Complaint: Certified mail, restricted delivery to and return receipt signed by Defendant First class mail-not returned, certified mail refused. 5 days elapsed. Date of mailing: Date certified mail refused: Personal service by Sheriff or Deputy Sheriff Personal service by competent adult other than Sheriff (affidavit attached). -X __Acceptance of Service, copy attached. By publication pursuant to Order of Court (copy of order attached). 3. (a) Affidavit of consent required by Section 3301 (c) of the Divorce Code: ,? Date of execution: by Plaintiff I? I 0 K by Defendant + 2. Z JOy Date of filing: by Plaintiff ?L Z ®-K by Defendant 12 2 /Or (b) Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: Date of execution: Date of filing: _ Date of service upon the Defendant: Manner of service: 4. Related claims pending: None 5. (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 and manner of service of the waiver of notice of intention to file praecipe to transmit record: By hand delivery to Plaintiff. `f ?.V l 10r By hand delivery to Defendant: 1 VERIFICATION I, Shawn A. Bozarth, Esquire, verify that the statements made in this praecipe are true and correct. I understand that false statements herein are made subject to the penalties of 18 PCSA 4904, relating to unswom falsification to authorities. Shawn A. Bozarth, Esquire I Attorney for ( x) Plaintiff Attorney for ( ) Defendant ?i ? ? ? ' ? ?; ? c a ? , ?1. C: ? ?? ? ? ? --- -C AMY L. CARTER, Plaintiff V. ERIC WESLEY CARTER, : Defendant IN THE COURT OF MMON PLEAS OF CUMBERLAND CO TY, PENNSYLVANIA CIVIL ACTION - NO. 08-3201 CIVIL ORDER OF COURT AND NOW, this 16th day of December, 2008, praecipe to transmit the record in the above-captioned outstanding issue as to equitable distribution, and that consideration of Plaintiff's , it appearing that there is an praecipe to transmit the record is signed by an attorney other than an attorney of record for the Plaintiff, a divorce decree will not be entered at this time, without prejudice to deficiencies and file a new praecipe to transmit the BY THE J. sley O ? Stephanie E. Chertok, Esq., 61 West Louther Street Carlisle, PA 17013 Attorney for Plaintiff -'/Shawn A. Bozarth, Esq. 19 West South Street Carlisle, PA 17013 Courtesy Copy :r c / cS rri? t C, I]CP 1 f 1` 6e '"= - parties' rights to correct the T, ,,:, ? ;.?- 4.t. -, *. '?'? ..Y? ?t x ?aC ?? '?sj a y `?? IN THE COURT OF COMMON PLEAS OF Amy L. Carter CUMBERLAND COUNTY, PENNSYLVANIA V. Eric Wesley Carter NO. 08-3201 DIVORCE DECREE AND NOW, -1227 1 `1 Zoo's , it is ordered and decreed that Amy L. Carter plaintiff, and Eric Wesley Carter , 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. J. onotary By the Court, f ` - e . ??Lc PUT .? s Amy L. Carter IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Eric Wesley Carter NO. 08-3201 DIVORCE DECREE AND NOW, 1 y -2.P-Q-_, it is ordered and decreed that Amy L. Carter plaintiff, and Eric Wesley Carter 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 Court, u S . J. othonotary V*/ov - Ogot4- Pr Copy ^.. r- Lcr (., 1 // Aa- c,-t L?, c-&> A J - O&od PF-C-- z4l-?4c?