Loading...
HomeMy WebLinkAbout09-0493CAROL L. SURNIAK, Plaintiff V. JOSEPH F. SURNIAK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - qtV CIVIL TERM CIVIL ACTION-LAW 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 at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. 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 CAROL L. SURNIAK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009 - 493 CIVIL TERM JOSEPH F. SURNIAK, CIVIL ACTION-LAW Defendant DIVORCE COMPLAINT 1. Plaintiff is Carol L. Surniak, an adult individual who currently resides at 100 Sunnyside Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Joseph F. Surniak, an adult individual whose last known address was 100 Sunnyside Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 29, 1969 in Winchester, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 8. In the alternative to the grounds set forth in paragraph six (6) above, Defendant has offered such indignities to Plaintiff, the injured and innocent spouse, as to render Plaintiff's condition intolerable and life burdensome. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II -EQUITABLE DISTRIBUTION 9. Plaintiff hereby incorporates by reference paragraphs 1 through 8 above. 10. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT III - ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES. COSTS AND EXPENSES 11. Plaintiff hereby incorporates by reference all of the averments in paragraphs 1 through 10 of this Complaint. 12. Plaintiff is in need of alimony pendente lite to sustain herself and pay counsel during this litigation. 13. Plaintiff is in need of alimony following the divorce. 14. Plaintiff has secured counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 15. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony pendente lite and to further award such additional counsel fees, costs and expenses as are deemed appropriate. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: 1- Z 9-,g ? Michael A. Scherer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint 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: al 461 ?ac?y ??z Y? Carol L. Surniak 6p `fl 4 } r_,? r-? c. T -fit V'x c 0 61- CAROL L. SURNIAK, Plaintiff V. JOSEPH F. SURNIAK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-493 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this -it day of t R U 1Q? , 2009, I, Katie J. Maxwell, Esquire, accept service of the Divorce Complaint on behalf of Joseph F. Surniak in the above-captioned case. atie J. Maxwell, Esquire ? ? - --' ? -n .? _,, ;_ ? - ? ?? ?,.. ?. ? : ;,-; _ --"? '? s ?`?' ? ..,.r --C CAROL L. SURNIAK, Plaintiff v. JOSEPH F. SURNIAK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-493 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 ~1 OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 30, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 5. 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. 6, I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. ., Date: Ca of L. Surniak t- '~', i pl t'S~v! ~}~^ {n~ ~c F ~ ~~ ~ ~ i Lt;~.~J ~v:. E 4 t~ ~. ;.1 ~-, r ~.+~ ~"; ;.~ a ~~ i' i '