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HomeMy WebLinkAbout01-6799REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attomeys for Plaintiff LORI L. RUNK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v. : NO. t~l-- (~q~q : MICHAEL S. RUNK, : CIVIL ACTION - LAW : Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED 1N 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 fights 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, Room 101, Cumberland Cotmty Courthouse, 1 Courthouse Square, 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 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, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff LORI L. RUNK, Vo MICHAEL S. RUNK, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DiVORCE AVISO pARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las p~iginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiemo puede ser emitado en su contra pot la Corte. Una decisi6n puede tambi6n ser emitida en su contra pot caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales est~i disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEYAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff LORI L. RUNK, MICHAEL S. RUNK, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. OI-- (,, Tqct CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is LORI L. RUNK, an adult individual who currently resides at 275 Brick Church Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is MICHAEL S. RUNK, an adult individual with the last known address of 275 Brick Church Road, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 6, 1998, in New Cumberland, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. years. Plaintiff avers that there is one (1) child of this marriage under the age of eighteen 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiffwill file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNT I EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated heroin by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. The parties have acquired marital debt during the marriage. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. By: Respectfully Submitted, ~~t 10 m~e/v~ i .DD~NNIo .I~6~3 7C~AAN T O R, ESQUIRE 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, LORI L. RUNK, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. 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: REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff LORI L. RUNK, MICHAEL S. RUNK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6799 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Debra Denison Cantor, Esquire ofREAGER & ADLER, P.C. do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant Michael S. Runk, by Certified Mail, on the 19th day of December, 2001, as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Return Receipt Requested postage prepaid, addressed as follows: Michael S. Runk 230 State Street West Fairview, PA 17025 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attomeys for Plaintiff LORI L. RUNK, MICHAEL S. RUNK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6799 Civil Term CIVIL ACTION - LAW IN DIVORCE Date: / DI[]~A'pEN~ON CANTOR, Esquire t REp/GE~ &w/ADLER, P.C. 2331 Mar"l~et Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Atty. ID No. 66378 SUBSCRIBED AND SWORN TO BEFORE ME this oQq'~7~''x day of ~¢C*-~,~z~, 2001. NOTARY PUBLIC Notarial Seal Michelle M. Lauver, Notary Publk: Cam~o Hill Bom, Cumberland My tcommission Expires July 11, ~005 Member, Pen naylvania Assoc~3n o~ No~rl~ REAGER '~'~DLER, PC 2331 MARKET ST~REET C~,,HtL~,~ PA 17~11 ' M~Y: (Please print Clearfy)~ . ~ -~*~;*r ~'*r ~:*~'*~*~'-*~*~'~ '-~;~--~;~;~' .................................. ~,SS .......................................... ~-~ .......... -~-~.~-~- . 2~111 1~6_2.10_t.-5000 ~30&9 MICHAel S. RUNK STATE STREET FAIRVIEW PA 17025 F~MiBIT LORI L. RUNK, MICHAEL S. RUNK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6799 Civil Term CIVIL ACTION - LAW IN DIVORCE PETITION TO BllwURCATE AND GRANT FINAL DECREE IN DIVORCE AND NOW comes the Petitioner, Lori L. Run_k, by her attorney, Joanne Harrison Clough, Esquire of REAGER & ADLER, PC, and files the within petition to bifurcate and receive a final grant of divorce: 2. 3. 4. The Petitioner is LORI L. RUNK, original Plaintiff in this case. The Respondent is MICHAEL S. RUNK, original Defendant in this case. The divorce was filed November 29, 2001. The parties have signed Affidavits of Consent and Waiver of Notice and intend to file them with the court. The parties have each signed a Stipulation for Bifurcation and both desire a bifurcated divorce to be granted. (The original Stipulation for Bifurcation is attached hereto as Exhibit "A") There is no reason for the parties to remain married to each other. The property claims of the parties will not be affected by a final decree in divorce at this time. It would appear that the proper and just thing to do would be to award a divorce decree at this time. 9. The court should grant this bifurcation and enter a final decree of divorce in this case. WHEREFORE, Petitioner Lori Runk respectfully prays that this court enter an immediate bifurcated decree of divorce and retain jurisdiction over the equitable distribution claims of the parties. DATED: [r~.-~ ,.~'~ By: Respectfully submitted, REAGER & ADLER, I.; 'ou 2331 Market Street Camp Hill, PA 1701 (717) 763-1383 Esquire Attorneys for Petitioner EXHIBIT "A" LORI L. RUNK, Plaintiff V. MICHAEL S. RUNK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6799 Civil Term CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR BIFURCATION .OF DIVORCE ACTION This stipulation is entered into by and between the parties, Lori L. Rtmk, Plaintiff and Michael S. Runk, Defendant. WHEREAS, a Divorce Complaint was filed by Wife on November 29, 2001; and WHEREAS, the parties have not reached an agreement on the economic issues in this divorce action and both parties wish to have a bifurcated divorce decree granted. NOW THEREFORE, Husband and Wife each agree to have this action bifurcated and wish to have this court bifurcate this divorce action and enter a decree in divorce and preserve the economic issues in this case, to be resolved at a later date. M~hael S. Runl~ ~ COMMONWEALTH OF PENNSYLVANIA:  :SS. COUNTY OF : On the. ZT~-h,~ day of L~(~L-~_~ ,2002, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, persona~y appeared Lori L. .Runk, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. NOTARIAL SEAL CASSANDRA T. ROSENBAUM, Notary Pul~0] Camp Hill Bom, Cumberland Counly My Commission Expires Bec, ember 4, 2004 My Commission Expires: COMMONWEALTH OF : COUNTY OF ~~~/,t-~,te~ : SS. : On the d day of ~~ , 2002, before me, a Notary Public in and for the Commonwealth of Penmylvania, the undesigned officer, personally appeared Midlael S. Runk, known to me (or satisfactory proven) to be on of the parties executin~ the foregoing instrument, and he acknowledges the foregoing instrument to be hi.~ free act and deed. IN W1TNES S WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. NOTARIAL BIgAL "' CASSANDRA T. ROSENBAUM, ~ Public Camp Hill Boro, Cumberland County My Commiesion Expires December 4, 2004_ Notary Public My Commksion Expires: CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a tree and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Michael S. Runk 230 State Street West Fairview, PA 17025 Dated: Mel~ssa M. Kain LORI L. RUNK, MICHAEL S. RUNK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6799 Civil Term CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this ~l~day of ~~ ,2002, upon consideration of the attached Petition and Stipulation for Bifurcation executed by both of the parties, it is hereby Ordered and Directed that the case is bifurcated to allow a final entry of decree in divorce. The Court retains jurisdiction on the economic issues raised in this case. LORI L. RUNK, MICHAEL S. RUNK, Plaintiff' Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6799 Civil Term CIVIL ACTION - LAW IN DIVORCE ~RAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transnilt the record, together with the fbllowing infbrmation, 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 nmnner of service of the Complaint: Service was accepted by the Defendant on the 19t~ day of December, 2001, by certified mail, return receipt requested, receipt number 7111 1746 2101 5000 0089. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Loft L. Runk, Plaintiff, on October 4, 2002; by Michael S. Runk, Defendant, on October 4, 2002. 4. Related claims pending: Econonfic Issues. 5. DateP ' ' ' · . . lamtiff s Wmver of Nonce m § 3301(c) Divorce was filed with the Prothonotary: October 8, 2002 Date Defendant's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: October 8, 2002 Respectfully submitted, 2331 Market Street Camp Hi/l, PA 1701 (717) 763-1383 Attorneys for Plaintiff' LORI L. RUNK VERSUS MICHAEL S. RUNK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ,~,. PENNA. 01-6799 DECREE IN DIVORCE AND NOW,_ DECREED THAT LORI L. RUNK MICHAEL S. RUNK AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , PLAINTIFF, --, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Economic issues ATTEST: