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HomeMy WebLinkAbout08-6517 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff NANCY J. DUNLAP Plaintiff V. BRIAN T. DUNLAP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 0S - (05/7 O iy. ( Ie xk 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 i. STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 West Louther Street Carlisle, PA 17013 Attorneys for Plaintiff NANCY J.DUNLAP Plaintiff V. BRIAN T. DUNLAP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: o ? . 4517 CAu; f TZ, CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Nancy Jean Dunlap, who currently resides at 165 Briarwood Lane, Carlisle Cumberland County, Pennsylvania 17015. 2. Defendant is Brian Thomas Dunlap, who currently resides at 165 Briarwood Lane, Carlisle, Cumberland County, Pennsylvania 17015. 3. Plaintiff and Defendant have been separated since September 1, 2008. 4. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 5. Plaintiff and Defendant were married on September 20, 1980 at St. Patrick's Shrine Church, Carlisle, Cumberland County, Pennsylvania. 6. There have been no prior actions for divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, The Plaintiff requests this Honorable Court to enter a Decree of Divorce Date: ??/.VoOX Respectfully submitted / StepHanie E. Chertok, Esquire Attorney I.D. No. 52651 Cindy L. Hribal, Esquire Supreme Court I.D. 202325 61 West Louther St. Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff VERIFICATION relating to unsworn falsification to authorities. I, Nancy Jean Dunlap, verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 Date: ancy Jean Dunlap 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) 249-1177 Attorneys for Plaintiff NANCY J.DUNLAP Plaintiff V. BRIAN T. DUNLAP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.. 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, Brian T. Dunlap, was served upon Defendant at Defendant's residence, 165 Briarwood Lane, Carlisle, PA 17013, this JM'day of 2008, by first-class mail, postage prepaid, and certified mail, return receipt requested, pursuant to Pa. C.R.P. 1930.4(c). )teph . "Chertokk, Es ire L s i Ell t7 ra r? Er -? - - 0 Postage $ M Certified Fee r 12 C3 0 Return Reclept Fee $2.20 ( Po ark (Endorsement Required) H C] H Restricted Delivery Fee (Endorsement Required) 30,00 rte Total Postage & Fees 35.9 ti r3 M Sent o r ^ + °-- -- ?? ? I 17- - ---- -------- ---- ------°°------------- 34re t Apt. No; or P Box No.? (^ 1. 1 1 (( Q -°._° City S te, Z ta + t. P Form 3800, June 2002 •-'-?l----•---------------------------- - P? roofs' See Re r f I ve se or nstructions ¦ mplete (terns 1, 2, and 3. Also Complete it ' 4 if Restricted Delivery is desired. ¦ P t your name and address on the reverse s hat 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: 1 A. Signature X CVn,A Or Cry rv P L.4r 1v-" lVv _ C? 8 - S/ 7 VVI v 'r 1 0 Agent B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different frZm item 1? 0 Yes If YES, enter delivery address below: 0 No ?t S P ( 3. Service Type 0 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 insured Mail 0 C.O.D. 4-Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7002 2 410 0003 1550 6239 (Transfer from service iaW PS Forff-ffl February 2004 Domestic Return Receipt 102595-02-M-1540 w -=j r; STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff NANCY J. DUNLAP Plaintiff V. BRIAN T. DUNLAP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 08-6517 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on November 3, 2008, and served on November 5, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Waiver of Intention to Request Entry of the decree. 4. I acknowledge that the marital settlement agreement, signed by both parties on November 11, 2008, remains binding and is incorporated herein, but shall not merge in a decree. 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: DfDIr/1?fancy J. Dunlap -c i ?1 -G STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff NANCY J.DUNLAP Plaintiff V. BRIAN T. DUNLAP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 08-6517 CIVIL ACTION - LAW IN 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 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 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: dam' wl De t'' O rcl ?v; STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff NANCY J. DUNLAP IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 08-6517 BRIAN T. DUNLAP Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on November 3, 2008, and served on November 5, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Waiver of Intention to Request Entry of the decree. 4. I acknowledge that the marital settlement agreement, signed by both parties on November 11, 2008, remains binding and is incorporated herein, but shall not merge in a decree. 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: ° - S c, 1& ? , - Or Brian T. Dunlap ? ?? ro ?? tin ° ?? ?" rte, t7 "Gig -?._ ??` .:?: ,' ?;?: _` ? ? :- STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorney for Plaintiff NANCY J.DUNLAP Plaintiff V. BRIAN T. DUNLAP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 08-6517 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER J 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 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 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: 0, - G'' Z-k,-K Or- Brian T. Dunlap N NANCY J.DUNLAP Plaintiff V. BRIAN T. DUNLAP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 08-6517 CIVIL ACTION - LAW IN DIVORCE 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 (c)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: November 5, 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 February 6, 2009; by defendant February 5_,_2009. b. (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent. 4. Related claims pending: N/A 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: February 6, 2009. Date defendant's Waiver of Notice was filed with the prothonotary: February 6, 2009. ,Attorney for Plaintiff ? r-? ? a ? -t?t ? ? _ t ??T ;_., ? ? ?- -- ^` NANCY J. DUNLAP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN T. DUNLAP DIVORCEDECREE AND NOW, c, o L , ?6 Q?,_, it is ordered and decreed that NANCY J. DUNLAP , plaintiff, and BRIAN T. DUNLAP , 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 NO. 08-6517 By the Court, '