HomeMy WebLinkAbout09-0334M
IN THE COMMON PLEAS COURT OF
CUMBERLAND COUNTY, PENNSYLVANIA
Tierra Chantel Ireland
PLAINTIFF,
CIVIL ACTION-LAW
V.
DIVORCE
Patrick Shawn Ireland
NO: n - 33 Y ?w i
DEFENDANT.
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIM 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 YOU CHILD(REN).
WHEN THE GROUNDS FOR DIVORCE ARE 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 ,
PENNSYLVANIA.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS 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.
LAWYERS REFERRAL SERVICE
S2 q'.P .cc? ?
C_C C \\g4? p (? ?-1 O l'?
Telephone: `? ?'-? _ 2y? ?1 ?p(,P
Tierra Chantel Ireland, Plaintiff Pro Se
62 Lonesome Rd
Newville, PA 17241
717-805-1100
Notice to Defend and Claim Rights
Page 1 of 1
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IN THE COMMON PLEAS COURT OF
CUMBERLAND COUNTY, PENNSYLVANIA
Tierra Chantel Ireland
PLAINTIFF,
CIVIL ACTION-LAW
V.
DIVORCE
Patrick Shawn Ireland
DEFENDANT. NO: e - 3 3 `f Cf• 7 u ,
COMPLAINT IN DIVORCE
Count I-Divorce
Plaintiff, Tierra Chantel Ireland, pro se, respectfully represents:
1. Plaintiff, Tierra Chantel Ireland, currently resides at 62 Lonesome Rd, Newville, PA 17241.
2. Defendant, Patrick Shawn Ireland, currently resides at 129 Bobcat Rd, Newville, PA 17241.
3. Plaintiff and Defendant are sui juris, and Plaintiff and Defendant have has/have been
resident(s) of the Commonwealth of Pennsylvania for a period of more than six (6) months
immediately preceding the filing of this Complaint.
4. The parties were married on 10/14/2004, in Carlisle, PA.
5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its
allies within the provisions of the Service Members' Civil Relief Act of 2003.
6. The following children were born to the parties:
Name Aye Sex Date of Birth Residence
Kaleb Patrick Ireland 8 male 11/30/2000 Mother
7. There have been no prior actions of divorce or for annulment between the parties.
8. The parties have entered into a written agreement as to equitable distribution of marital
property, alimony, alimony pendent lite, spousal support, child support, custody, visitation,
fees and costs.
9. Plaintiff has been advised of the availability of counseling between the parties and Plaintiff
acknowledges the right to request that the court require the parties to participate in such
counseling in certain instances.
Complaint in Divorce Page I of 2
10. Plaintiff alleges the following grounds for the dissolution of marriage: The marriage is
irretrievably broken and Plaintiff believes Defendant will consent to the divorce.
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce pursuant to
Section 3301(c) of the Divorce Code.
Tierra Chantel Ireland, Plaintiff Pro Se
VERIFICATION
Plaintiff verifies that the statements made in this Complaint in Divorce are true and correct.
Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
Tierra Chantel Ireland, Plaintiff Pro Se
Date: \ `vim ' C)CA
Complaint in Divorce
Page 2 of 2
IN THE COMMON PLEAS COURT OF
CUMBERLAND COUNTY, PENNSYLVANIA
Tierra Chantel Ireland
PLAINTIFF,
CIVIL ACTION-LAW
V.
DIVORCE
Patrick Shawn Ireland
DEFENDANT. NO:
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ?j j14,6 P )
Before me, the subscriber, a Notary Public in and for said Commonwealth and County,
personally appeared Tierra Chantel Ireland, who being duly sworn according to law, deposes and
says that the facts contained within the foregoing Complaint in Divorce are true and correct to
the best of his/her knowledge, information, and belief, and that he/she is authorized to make this
Affidavit.
Tierra Chantel Ireland, Plaintiff Pro Se
62 Lonesome Rd
Newville, PA 17241
717-805-1100
Sworn to and subscribed before me this
day of 2OCR•
NOTARY PUBLIC
ermuM WE& H OF PENNSYLVANIA
NOTARIAL SEAL
MM FREFgi, NOTARY PUBLIC
CARLISLE BOROUGK CUMBERLAND COUNTY
MY COMMISSION EXPIRES APRIL 16, 2012
Affidavit Page 1 of 1
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IN THE COMMON PLEAS COURT OF
CUMBERLAND COUNTY, PENNSYLVANIA
Tierra Chantel Ireland
PLAINTIFF,
CIVIL ACTION-LAW
V.
DIVORCE
Patrick Shawn Ireland
DEFENDANT. NO: 3 H
PLAINTIFF'S ACKNOWLEDGMENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
1'2) I agree that the marriage of the Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing the Complaint. All information
contained within the attached documentation is true and correct to the best of my knowledge,
information, and belief.
It is my desire to file with the Cumberland County Court of Common Pleas the attached
Marital Property Settlement Agreement and to be bound fully and completely by the terms and
conditions as set forth within said Marital Property Settlement Agreement documentation.
Tierra Chantel Ireland, Plaintiff Pro Se
On this day of C&O (I CA C11 , 20-bl, before me, a Notary Public, the
undersigned officer, personally appear Tierra Chantel Ireland, Plaintiff, known to me to be the
person whose name is subscribed to the written instrument, and acknowledged that she executed
the same for the purposes therein contained.
ITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC
COMMONWEALTH OF PE104MANIA
NOTARIAL SEN.
ANN FREHN, NOTARY PUBW
CARLISLE BOROUGH, CUMBERLAND COUNTY
MY COMMISSION EXPIRES APRIL 10, 2012
Plaintiffs Acknowledgment Page 1 of 1
} 'my
2009 APP 24 PH 2: 4 4
t
IN THE COMMON PLEAS COURT OF
CUMBERLAND COUNTY, PENNSYLVANIA
Tierra Chantel Ireland
PLAINTIFF, ;
CIVIL ACTION-LAW
V.
DIVORCE
Patrick Shawn Ireland
DEFENDANT. NO: -33LA
DEFENDANT'S ACKNOWLEDGMENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
/,ZO)_/200cl . I agree that the marriage of the Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing the Complaint. All information
contained within the attached documentation is true and correct to the best of my knowledge,
information, and belief.
It is my desire to file with the Cumberland County Court of Common Pleas the attached
Marital Property Settlement Agreement and to be bound fully and completely by the terms and
conditions as set forth within said Marital Property Settlement Agreement documentation.
4ck Shawn Ireland, Defendant Pro Se
On this 03 day of r ?_, 20 9 before me, a Notary Public, the
undersigned officer, personally appeared Patri ck Shawn Ireland, Defendant, known to me to be
the person whose name is subscribed to the written instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN ITNESS WHEREOF, I hereunto set my hand and official seal.
4A 1?
NOTARY PU LIC
,,,n ON =Anw of PENNMVANIA
NOTARIAL SEAL
ANN FREHN, NOTARY PUBLIC
CARLISLE BOROUGH, CUMBERLAND COUMIf
MY COMMISSION EXPIRES APRIL 16, 2012
Defendant's Acknowledgment Page I of I
2009 APR 24 Pill 2: 4 4,
IN THE COMMON PLEAS COURT OF
CUMBERLAND COUNTY, PENNSYLVANIA
Tierra Chantel Ireland
PLAINTIFF, ;
CIVIL ACTION-LAW
V.
DIVORCE
Patrick Shawn Ireland
DEFENDANT. NO: CR -
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
k_/ 2.3 / 2W9-
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and 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.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 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 are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: /2,z /
Tierra C antel Ireland, Plaintiff Pro Se
Plaintiff's Affidavit of Consent Page 1 of 1
FILE-- r;
OF THE
2009 APR 24 PH', 2: 4'
IN THE COMMON PLEAS COURT OF
CUMBERLAND COUNTY, PENNSYLVANIA
Tierra Chantel Ireland
PLAINTIFF,
V.
CIVIL ACTION-LAW
DIVORCE
Patrick Shawn Ireland
DEFENDANT. NO: O 1I - 05 -
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
\ /2S
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and 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.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 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 are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: D-L/-.2 3 / Q 1
c Shawn Ireland, Defendant Pro Se
Defendant's Affidavit of Consent Page 1 of 1
OF THE FRZ;7H0,lJ,)TAPY.
2QO9 APP 24 Pil 2: 14
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IN I
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IN THE COMMON PLEAS COURT OF
CUMBERLAND COUNTY, PENNSYLVANIA
Tierra Chantel Ireland
PLAINTIFF,
CIVIL ACTION-LAW
V.
DIVORCE
Patrick Shawn Ireland
DEFENDANT. NO:
MARITAL PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 2,S_ day of , 20 peg ,
between PLAINTIFF, Tierra Chantel Ireland, residing at 62 Lonesome R Newville, PA 17241,
and Defendant, Patrick Shawn Ireland, residing at 129 Bobcat Rd, Newville, PA 17241.
WITNESSETH
WHEREAS, the parties were married on 10/14/2004;
WHEREAS, the parties filed for 3301(c) Divorce on v` 2aj 120pc1
WHEREAS, the parties hereto desire to settle their property rights;
WHEREAS, both parties agree to relinquish any and all claims which either may have
against any property now owned or belonging to the other or which may hereinafter be acquired
by either of them by purchase, gift, devise, bequest, inheritance, or otherwise, except as to the
obligations, covenants, and agreements contained herein; and,
WHEREAS, both parties each have had an opportunity to seek the benefit of competent and
independent legal advice by separate counsel.
NOW, THEREFORE, the parties, intending to be legally bound, do covenant, and agree as
follows:
1. INCORPORATION OF RECITALS
The recitals on Page 1 of this Agreement are incorporated herein as if set forth in full.
Each paragraph hereof shall be deemed to be a separate and independent covenant and
agreement.
Marital Property Settlement Agreement Page 1 of 6
2. APPLICABLE LAW
This agreement shall be construed under the laws of the Commonwealth of Pennsylvania.
3. PROPERTY TO BE RETAINED BY WIFE.
Husband and Wife agree that, unless otherwise indicated in this Agreement, the Wife
shall keep all of her personal clothing and effects; and that the following property shall
also be retained by Wife:
-House
-All furnishings in house computer
-All lawn equipment and riding mower
-Acura mdx
-Scooter
4. PROPERTY TO BE RETAINED BY HUSBAND.
Husband and Wife agree that, unless otherwise indicated in this Agreement, the Husband
shall keep all of his personal clothing and effects; and that the following property shall
also be retained by Husband:
-Toyota Camary
-Motorcycle
5. DEBTS TO BE PAID BY WIFE.
Husband and Wife agree that the Wife shall pay the following debts and will not at any
time hold the Husband responsible for them:
-Credit card Lowes $1,212
-Credit care Citi $2,300
6. DEBTS TO BE PAID BY HUSBAND.
Husband and Wife agree that the Husband shall pay the following debts and will not at
any time hold the Wife responsible for them:
-Credit card Citi $2,000
-Credit Card Care Credit $100
Marital Property Settlement Agreement Page 2 of 6
7. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, EXPENSES AND
ALL MARITAL RIGHTS.
Each of the parties hereto release the other from subsequent claims for alimony, alimony
pendente lite, or spousal support, except as set forth as follows:
No spousal maintenance shall be awarded to either party.
8. JOINT DEBTS.
Husband and Wife warrant and certify to each other that there are no individual or joint
marital obligations outstanding, other than those listed in paragraphs 5 and 6.
9. CHILD CUSTODY.
The Plaintiff and Defendant are the parents of 1 unemancipated child(ren):
Name DOB Age Gender
Kaleb Patrick Ireland 11/30/2000 8 male
In the past five years, the parties' children have resided at the following locations:
Child
Kaleb Patrick Ireland
Location
Living with Mother
62 Lonesome Rd
Newville, PA 17241
Custody of the above-listed children will be as follows:
Name Legal Custody Physical Custody
Kaleb Patrick Ireland Mother Mother
a. Weekly Parenting Time
The non-primary physical custodian shall have at a minimum the following rights of
parenting time/visitation with the minor child(ren):
Weekend Parenting Time
Other:
For purposes of this parenting plan, weekend parenting time will start at and end at.
Weekday Parenting Time
Other:
For purposes of this parenting plan, weekday parenting time will start at and end at .
Marital Property Settlement Agreement Page 3 of 6
b. Vacation Parenting Time
All vacation periods defined below do not include the parenting time schedule for major
holidays, which may occur during the vacation period.
Winter vacation shall be defined as the period beginning on the day and at the time
school is recessed in December and ending on the day and at the time school resumes in
January of the following year. No special winter vacation parenting time schedule will
apply and parenting time will remain as stated in 9a and 9c except as follows: none
Summer vacation shall be defined as the period beginning on the day and at the time
school is recessed at the end of the school year and ending on the day and at the time
school resumes at the beginning of the following school year. No special summer
vacation parenting time schedule will apply and all parenting time will remain as stated in
9a and 9c, except as follows: none
Spring vacation shall be defined as period beginning on the day and at the time school is
recessed in the month of April and ending on the day and at the time school resumes as
designated by the child's school calendar. No special spring vacation parenting time
schedule will apply and all parenting time will remain as stated in 9a and 9c, except as
follows: none
c. Major Holiday Schedule
MOTHER
New Year's Day Every
Martin Luther King Day Every
Presidents' Day Every
Memorial Day Every
July 4th Every
Labor Day Every
Veterans' Day Every
Thanksgiving Day and Friday Every
Christmas Eve Every
Christmas Day Every
Mother's Day Every
Father's Day Every
Mother's Birthday Every
Father's Birthday Every
Kaleb's Birthday Every
lam Every
7pm Every
None Every
none Every
FATHER
Each designated holiday above will start and end as follows:
(X) Holidays that fall on Friday will include the following Saturday and Sunday
Marital Property Settlement Agreement Page 4 of 6
(X) Holidays that fall on Monday will include the preceding Saturday and Sunday
(X) Other: For purposes of this parenting plan, a holiday shall begin and end as
follows:
begin: lam
end: 7pm
10. CHILD SUPPORT, INSURANCE, AND TAX EXEMPTION.
a. Child Support
Defendant shall pay support in the amount of $250 per month for the support and
care of the parties' minor child(ren).
b. Insurance
Health care coverage for the minor child(ren) shall be provided by Plaintiff as
long as such coverage is available at a reasonable cost on an employment-related
or other group basis. Any health costs not covered by insurance shall be shared
equally.
c. Tax Exemption
For federal, state, and local income tax purposes the mother shall claim the
child(ren) annually beginning the tax year that the divorce is finalized.
11. DIVORCE.
Husband and Wife agree that the marriage is irretrievably broken and will proceed with
said Divorce under 23 Pa. C.A. Section 3301(c).
12. NAME CHANGE.
Does not apply.
13. TAX ADVICE.
The transfers set forth herein may result in income, inheritance, estate, and other tax
consequences to the parties. The parties specifically acknowledge that no attorney
involved in the negotiating or drafting of this Agreement has provided any tax advice
Marital Property Settlement Agreement
Page 5 of 6
regarding the dispositions contained herein. The parties have been advised to seek
separate tax counsel concerning the Divorce distributions.
IN WITNESS HERREOF, the parties have hereunto set their hands and seals the day and
year first written above.
0 1 A. A 4,V- /,,,a
Wi ss
Tierra Chantel Ireland, Plaintiff Pro Se
AAm -,, )A4,, -- -
Witness aick Shawn Ireland, Defendant Pro Se
On this ?LS day of v?v cX- 20D?J, before me, a Notary Public, the
undersigned officer, personally appeared Ti a Chantel Ireland, Plaintiff, known to me to be the
\Ar
person whose name is subscribed to the written instrument, and acknowledged that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWE TH OF PEN MVAMA
NOTARY PUBLIC NOTARIAL SEAL
ANN FREHN, NOTARY PUBLIC
CARLISLE BOROUGH, CUMBERLAND COUNTY
\ MY COMMISSION EXPIRES APRIL 16, 2012
On this i- day of J u? 20Dj, before me, a Notary Public, the
undersigned officer, personally appeare atrick Shawn Ireland, Defendant, known to me to be
the person whose name is subscribed to the written instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(A K K-0 4A??.
NOTARNC ALTH OF PEMVSYLVAMA
NOTARIAL SEAL
ANN MN, NOTARY PUBLIC
CARLISLE BOROUGH, CUMBERLAND COUNTY
MY COMMISSION EXPIRES APRIL 16, 2012
Marital Property Settlement Agreement Page 6 of 6
FLED
OF INE P"-"'
2009 APR 24 Ph 2: 43
u5 _. NIIY
VS.
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
. NO. ??-33?A 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)
3301(d) (1) of the Divorce Code.
(Str&e out inapplicable section)
2. Date and manger of service of the complaint: L • 1 l? Zo U e(
3. Complete eidw paragraph (a) or (b).
a. Date of execution of the affidavit of consent required by 3301(c) of the
Divorce code:
by plaintiff by defendant 2.p09
b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code:
(2) Date of filing and service of the plaintiffs affidavit upon the respondent:
4. Related claims peeing:
5. Complete either (a) or (b)
a. Date and manner of service of the notice of intention to file praeeipe to transmit
record, a copy of which is attached:
b. Date of plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the
Prothonotary: L-A -7-L-r `ZQgg
Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the
Prothonotary: L-A `ZU , 2jL(8
Attorney or Plaintiff/Defendant
ALEG--QF'- ii.IE'
OF THE I ?(NN LTA,RY
U09,APR=24 P 2: 4- 6
GU F, ? ?`
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Our File No.: 193029
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
FIA CARD SERVICES A/K/A BANK
OF AMERICA
Plaintiff,
vs.
MURRAY J MARLIER
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 09-434
PRAECIPE TO DISMISS WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss this action without prejudice.
APOTHAKER & ASSKeebb ES, P.C.
Attorneys for PA Law Firm Engaged in ollecti on
By:
David J.
Dated: April 16, 2009
FILED
OF THE P, , A ?• r NARY
2999 APR 27 Rid 3: 09
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V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Qc??c r \?? 'sc \C? 1 NO. Opt SSL--
DIVORCE DECREE
AND NOW, Q a r ; \ 21 Z. ??? , it is ordered and decreed that
plaintiff, and
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.")
\"'-A C)
By the Court,
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