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Home My WebLink About08-7347Jessica Funston, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE Robert Funston, Defendant : NO. 08- 7,3 7 CIVIL TERM 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Jessica Funston, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Robert Funston, Defendant : NO. 08- `7 3 V 7 CIVIL TERM DIVORCE COMPLAINT The plaintiff, Jessica Funston, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. 453301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Jessica Funston, who currently resides at 122 Marco Circle, Shippensburg, Cumberland County, PA 17257, since October 2008. 2. Defendant is Robert Funston, who currently resides at 403 N. Morris Street, Shippensburg, Cumberland County, PA 17257, since June 2008. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on October 28, 2007, at Shippensburg, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since approximately January 31, 2008. 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. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Angel dley Certified Legal Intern ROB INS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date ka Plaintiff gt! `' ?'IrY?, essica Funston ti r?°. t") "'' ? c7 ?__ -rt ? i? t? ? t? ,> ; _ r? c -? -n ?. ? j : ? - ?? ?- ? Jessica Funston, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : IN DIVORCE Robert Funston, : No. 08- 73 t/7 C Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Jessica Funston, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date a l'1 0 ROBER 7NS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ra C ;q. Q rri Jessica Funston, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Robert Funston, Defendant NO. 08-7347 CIVIL TERM CERTIFICATE OF SERVICE I, Christina Ferreira, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Robert Funston, residing at 403 North Morris Street, Shippensburg, PA, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Robert Funston, on the the 18th day of December 2008 as evidenced by the attached green card. C Christina Ferreira N Certified Legal Intern 0 Anne c on d-Fox, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Ir (717) 243-2968 c Fax: (717) 243-3639 M ac N M -0 1 N m 0 Q C3 ;9 O N m O ,n a 0 r- 00 co 0 - a Jessica Funston, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Robert Funston, Defendant NO. 08-7347 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on December 17, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 notice of intention to request entry of the 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 ssica Funston, Plaintiff OF THE PROTiHI NIOTARY 2009 APR 14 AM 11: 5 4 PE Nl F,1+711,..1M,ItA Jessica Funston, Plaintiff V. Robert Funston, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE NO. 08-7347 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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. Date q/,2/ essica Funston, Plaintiff FILED-0 41:F,0 OF THE PROTHONOTARY 2009 APR 14 AM l l: 5 5 Jessica Funston, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Robert Funston, Defendant NO. 08-7347 CIVIL TERM CERTIFICATE OF SERVICE I, Christina Ferreira, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving on this day a copy of the Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree Under §3301(c) on Robert Funston by First Class Mail. i Y Christina Ferreira Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Date April 14, 2009 FILE D-Ca-'r-I CE OF THE PR TI•-1n'NOTARY 2009 APR 1 AM 11: 5 5 Jessica Funston, Plaintiff V. Robert Funston, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE NO. 08-7347 CIVIL TERM AMENDED CERTIFICATE OF SERVICE I, Christina Ferreira, Certified Legal Intern, Family Law Clinic, hereby amend the Certificate of Service dated April 14, 2009. I certify that I am serving on this day a copy of the Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree Under §3301(c) upon Robert Funston, 1768 Orrstown Rd., Shippensburg, PA, 17257, by First Class Mail. Chris ma erreira Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Date_ Anri121 2009 ; FILED--' '.ryi'F S 71r- r r' i 2 C a 9 di'e's r ?,? i Jessica Funston, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Robert Funston, Defendant NO. 08-7347 CIVIL TERM AMENDED CERTIFICATE OF SERVICE I, Megan Riesmeyer, Supervising Clinic Attorney, Family Law Clinic, hereby amend the Certificate of Service dated April 21, 2009. I certify that I am serving on this day a copy of the Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree Under §3301(c) upon Robert Funston, 1768 Orrstown Rd., Shippensburg, PA, 17257, by First Class Mail. A-0V4AZW4 Megan esmeyer Supervising Clinic Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Date April 29, 2009 OF TH- F"' 26 09 A F R 2 9 F 12: Jessica Funston, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Robert Funston, ; Defendant NO. 08-7347 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on December 17, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 notice of intention to request entry of the 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 unworn falsification to authnritiec Date r ?? :xf z tjl-r-l FILEl _i a OF THE,, 2009 MAY - I P l!: 46 ?`1?. sy j, i Jessica Funston, Plaintiff V. Robert Funston, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE : NO. 08-7347 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER . 43301(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 unworn falsification to authorities. Date 41-3o "2 ? - a VUd r? .,' aw` t4 ? f Jessica Funston, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE Robert Funston, Defendant NO. 08 - 7347 CIVIL TERM CERTIFICATE OF SERVICE I, Rachel Allen, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving on this day a copy of the Praecipe to Transmit Record on Robert Funston by First Class Mail addressed to 1768 Orrstown Rd. Shippensburg, PA 17257. Rachel Allen Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 FILE }--OI- iCIE 2u99MAY 12 Aa 1#:37 G "'T t _ ? :i Jessica Funston, Plaintiff V. Robert Funston, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN DIVORCE No. 08-7347 CIVIL TERM 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 §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Robert Funston, on December 18, 2008 3. Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff- April 2, 2009; by defendant- April 30, 2009. 4. Related claims pending: none 5. Date plaintiff s Waiver of Notice was filed with the Prothonotary: April 14, 2009 Date defendant's Waiver of Notice was filed with the Prothonotary: May 1, 2009 J 12- 0'9 Date Rachel Allen Certified Legal I ern Megan ' smeyer Supervising Attorneys FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff T THE 2059 MAY 12 A I ?: 3 9 Jessica Funston, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW IN DIVORCE Robert Funston, Defendant No. 08-7347 CIVIL TERM DIVORCE DECREE AND NOW, r,, /,t-, i 4 , 2,&o I it is ordered and decreed that Jessica Funston, plaintiff and Robert Funston, defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendent elite 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: None By the Court, r