The URL can be used to link to this page

Home My WebLink About04-1750 II , - JEAN E. SUNDAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO.O(1-/1S-dcIVIL TERM BRIAN L. SUNDAY, Defendant 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 foregoing 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 in 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 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 1 II JEAN E. SUNDAY, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. CIVIL TERM BRIAN L. SUNDAY, ) Defendant ) IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2 II JEAN E. SUNDAY, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) No.o'f~/15o ) CIVIL TERM BRIAN L. SUNDAY, ) Defendant ) IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, JEAN E. SUNDAY, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is JEAN E. SUNDAY, an adult individual who currently resides at 5550 Smith Drive in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is BRIAN L. SUNDAY, an adult individual who currently resides at 7107 Carlisle Pike in Carlisle, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Common- wealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 11 September 1982 in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 3 II 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT V - COUNSEL FEES AND EXPENSES 10. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 11. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 12. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expenses of this litigation. 4 II \I WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. -- Sam . Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 II i I. I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: 4 - / - 0 q f~UNDAY t: ('-------- 0 \(0 \ ~ :s ~ --.j :5-. ~ G:" ~\\ V--' c: ~\-J ~ r----.. ci' c~ v ul.../\ V' c... ......1 '-^ ~ ---------------------------------------------- Plaintiff In the Court of Common Ple>> of Cwnbt=rlaDd County, Pennsyh"2IIiL __~_E6_~1---------------------------- N". _Q~:.!_J.5JL~!Y]1:._1!!~_____ Civil. 19______ VI. BRIAN L. SUNDAY ---------------------------------------------- ---------------------------------------------- CIVIL ACTION - LAW Defendant ---------------------------------------------- -------... -. ...----. . ... .--.- -----... ---------------... IN DIVORCE ------------------------------..-------------------------------------.--------------------------- Sir: .- ..-... ...-------------------------...--------------- .------------..'--- --...- - ..-----------------------.. Please enter my appearance for the defendant in the above matter. I . -- - -'" ---- ---------------- ...-- -..-- ------------------------..----------------------- ---------- .____l'_""<;.~!;_l'l'_rx:l<;.~_..,i_t;.\1.~_~.Qlll.ll.J.lli_!.lL.'!.ll.'!_il~lI.\l.1lLl>\l1y__~~ !;;~:J,p_t__'l~_~_S..P.JU_!;l>~.J_'l.'lt~________ .--------------------------------------------------------------------------...-------...-----...----...-- ..-----------------.. -...-..--------------- -------...------...... - ------- ------- ------- -------- ..-----------------------.... ----------------------------- . ...--...--------..----. -- .--------------- 1:0 ___~~t_~21'lL_____________________________ Prothonotary --------- . -------------------------- June 25. 2004 19____ ~llllZL----------- Attcme'Y for Plaintiff. No. _____________________ Tenn, 19______ ----------------------------------------- \Ill. ----------------------------------------- PR.AECIPE Filed ___________________________ 19______ ---------------___________________, .~lry. ----------------------------------------- c' c ,j;:.. f'0 ':.v cr; '"',' = C::.::J .r:- '- {". -.,,~ o " I ._, :r: -n nlp::=:: -,-'Il, .:'_J (:J ~3Q ;-:\j:, '-;' r-) ~~tl/ c-,~ f'\.) Cn :? .J') -.'..: Commonwealth of Pennsylvania County of Cumberland, ss: JEAN E. SUNDAY, Plaintiff In the Court of Common Pleas of Cumberland County, Pennsylvania vs. No. 2004-1750 CIVIL TERM BRIAN L. SUNDAY, Defendant Motion for Appointment of Master JEAN E. SUNDAY, Plaintiff moves the court to appoint a Master with respect to the following claims: ) Divorce ) Annulment ) Alimony ) Alimony Pendente Lite (x) Distribution of Property ( ) Support (x) Counsel Fees (x) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the c1aim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action personally by his attorney, John M. Eakin. Esquire. 3. The statutory ground(s) for divorce is: 3301 (d) of the Divorce Code. 4. Check the applicable paragraph(s). ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 days. 7. Additional information, if any, relevant to the motion: Z3 ~~~ Date ~ uel L. Ande Attorney for Plaintiff AND NOW. 2005, , Esquire, is appointed Master with respect to the following claims: distribution of property, counsel fees, costs and expenses. BY THE COURT, J. Q, ~ -2. ~ ~~. ~ -"Q C:::) ~~\,b 1J ~'-?'\ ~<) 0.,,"'0 ;~],. ..{"', ~ '('\ .-;:::. ~~ ...;. -;4 ~ ((,. ,) ~ Commonwealth of Pennsylvania County of Cumberland, ss: JEAN E. SUNDAY, Plaintiff In the Court of Common Pleas of Cumberland County, Pennsylvania vs. No. 2004-1750 CIVIL TERM BRIAN L. SUNDAY, Defendant Motion for Appointment of Master JEAN E. SUNDAY, Plaintiff moves the court to appoint a Master with respect to the following claims: ) Divorce ) Annulment ) Alimony ) Alimony Pendente Ute (x) DistrIbution of Property ( ) Support (x) Counsel Fees (xl Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action personally by his attorney, John M. Eakin, Esquire. 3. The statutory ground(s) for divorce is: 3301 (d) of the Divorce Code. 4. Check the applicable paragraph(s). ( ) The action is not contested. ( l An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 days. Z3 ~:="d"".;, '"yo ,.,y,", '" <h, m",;; , . - - -~ D.., ~A~ Attorney for Plaintiff , ,;2.) 2005,!? ~ ikkSqUire, spect to the following claims: distribution of property, counsel fees, AND NOW, is appointed Master'with costs and expenses. &~I & J. t;' 01. c; \1-1-"/ \~~. Q'" ~o- ~-~ u.-~ '6 >o.D C<'l (j-. .~ In '-'" ~ ;..:t. ~ ~ -,.- ~ :::) 41:. "~~\?Z -,~ '~;~ ',J] <',~. c./--' ,,\\J..J "::,)C::I..- ~ ~ D 1r 0- ~? ~ ~ ~ <:;- v' t'> 1,,_- ~~,. /-- -, .-A q. ~~ ,-.;~...Q ~L\(~ '{~4'\ 'i?n ',/_r'{", O' ,..-\ -, ~ ''':' ~ -- -;:;. .' " JEAN E. SUNDA Y, Plaintiff vs. II BRIAN L. SUNDAY, Defendant i I I I, TO THE PROTHONOTARY: PRAECIPE ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-1750 CIVIL TERM IN DIVORCE Please formally discontinue the above-captioned divorce action. The parties have reconciled and do not wish to proceed further with this action. ~ Samuel L. Andes Attorney for Plaintiff b Date:.--I f"" v'v.~;t 2-Wb :f:;?,1/ H(.GJ4.' John M. Eakr Atiorney for Defendan\~ I? - 6 Date: i'<{ f-<.Xr' () /) ~' / C;' , . ~ an E. Sunday d2 ~ '#-~ ..../ Date: 1 -- .J,? - () ;; /3 ~,,--r,)?~> Brian L. Sunday ( . " Date: 3- 0'::'11 Ai <..-' G, 'T1 '..' '-.", 1..-:;:.) JEAN E. SUNDAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 04 - 1750 C=VIL BRIAN L. SUNDAY, Defendant IN DIVORCE ORDER OF COURT day of ,j -Li.....U)j)jj 2006, the parties having reconciled and a praecipe having AND NOW, this -,p /1 , , been filed discontinuing the divorce action, the appointment of the Master is vacated. BY TH?Q!(RT, ~ )~ \ ( ,/ ~ "-~fV \ CA Edgar B. Bayley, P~. cc: Samuel L. Andes Attorney for Plaintiff John M. Eakin Attorney for Defendant '~-'-f<<1 .-1'!,~...~fuL J. .21..()& C;L. :-^,) ,:,.j c~J. ~:-::, , ~: Fn- ---- .--.-."